Trump Justice Dep’t to Immigration Judges: Pick up the Pace or We’ll Decide Your Cases
Did you know that the judges deciding most immigration cases – including serious asylum matters – are employees of the Justice Department and not independent judges like the ones who handle criminal or civil cases? Most people don’t. Even the judges hearing initial immigration appeals are Justice Department employees. Under a new streamlining rule, however, even these judges may not have the final say in the life-and-death decisions affecting people in the immigration system.
Most Migrants don’t Elude Inspection: 9th Circuit
Since the beginning of Operation Streamline in 2005, thousands of migrants have been criminally convicted under 8 U.S.C. 1325 and 1326, for unlawfully entering the United States. Other than a few cases appealed on procedural grounds, the vast majority of these cases are dispensed of within a matter of minutes, hence the name “Streamline.” But, a defendant recently appealed his conviction all the way to 9th Circuit Court of Appeals, successfully arguing that he did not “elude” inspection when he crossed without inspection in a remote area of the border.
Potential Immigration Consequences of a Reckless Driving Conviction
In many areas of immigration law, the immigration officials within the U.S. government used to have a great deal of discretion and were permitted to use their judgment to make enforcement decisions on a case-by-case basis. But in the current political climate, more of this discretion is being taken away from individual officials and these officials are often asked to instead enforce hard and fast policies. One of the most easily penalized demographics are non-immigrant visa holders with criminal convictions, because there is an almost completely discretionary element to the issuance of most non-immigrant visas. This means that even seemingly innocuous misdemeanor convictions, such as reckless driving, can greatly affect an individual’s eligibility for a non-immigrant visa.
5 Tips to Avoid being Hassled while entering the U.S
We have all heard horror stories regarding detentions at the border or airports due to a case of mistaken identity or an overzealous CBP officer, but some travelers experience delays each and every time they enter the U.S
A Quick Guide: Immigration Consequences of DUI’s in Arizona
What follows is quick guide that focuses upon the immigration consequences of Arizona DUI’s for LPR’s, VISA holders, and DACA recipients.
Sessions v. Dimaya and Aggravated Felony Deportations
There has always been some uncertainty as to what crimes could constitute a “crime of violence” and thus an aggravated felony, for immigration purposes. This is a serious issue because an alien that is convicted, at any time, of an aggravated felony is deportable. In a long awaited decision, the Supreme Court recently held, in Sessions v. Dimaya, that one of the statutes affecting deportable aggravated felons is vague enough to be unconstitutional.
Customs & Border Protection (CBP) and Vehicle Searches
At the U.S./Mexico border, CBP has extremely broad powers to search vehicles. At primary inspection, the officer will assess not only your legal status to enter the U.S., but also whether you are bringing any type of contraband into the U.S. Your vehicle may be subjected to radiation detection, a dog may sniff your car, and an officer may also look around your vehicle or knock on your vehicle to check for hidden contraband or compartments.
Cell Phone and Laptop Privacy at the Border
It is firmly established in case law that when a suspect is arrested, their cell phone cannot be searched without a search warrant, subject to some very narrow exceptions. However, the rules regarding cell phone and laptop searches at the border are much less restrictive.
Sentencing Enhancements at the Border
Federal sentencing guidelines use a system of “levels” to determine the range of jail time that offenders serve, based on the severity of the crime. A specific “base” level, from 1-43, is determined for each crime and that base level is the starting point for determining the minimum jail sentence an offender is likely to receive.
When a U.S. Birth Certificate Might Not Be Enough to Prove Citizenship
In most cases, a U.S. birth certificate and a valid, government issued identification will be enough to prove U.S. citizenship. However, in some cases, this will be insufficient, and you may be asked to provide secondary evidence of your citizenship.