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July 7, 2017 ICE Memo on Implementing Trump’s Border Security and Immigration Enforcement Plan

A memorandum dated February 21, 2017, obtained by ProPublica via FOIA, shows guidance ICE Enforcement and Removal Operations (ERO) officers received, stating that regardless of criminal histories, “ERO officers will take enforcement action against all removable aliens encountered in the course of their duties.” The memo also contains guidance on detention, stating that “the agency is currently expanding detention space to support the E.O.’s termination of ‘catch-and-release’ policies.” Additionally the memo discusses the use of parole and other release, the processing and treatment of unaccompanied children, and more. For more information, read this ProPublica article, “ICE Officers Told to Take Action Against All Undocumented Immigrants Encountered While on Duty.”

Court Says Individuals with Reinstated Removal Orders and in Withholding-Only Proceedings Are Not Eligible for Bond

The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.

Get Ready! Prosecutorial Discretions are being Revoked.

Question: I was in Immigration Court about 2 years ago and had no relief. However, I did not have any crimes either and my attorney made a motion for prosecutorial discretion. However, last week, I was arrested for DUI. I did not even have to plea as the case was dismissed. There was no evidence and I have no conviction. However, the arrest prompted ICE to revoke my Prosecutorial Discretion. What happens now?

Answer: Under U.S. immigration law, prosecutorial discretion (PD) refers to the power that ICE has to discontinue working on a deportation case. ICE can exercise its PD in many different ways. For example, ICE can join you in asking an immigration judge to close your case. Prosecutorial discretion used to be under Obama one of the most important aspects of Immigration Law. Immigration Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges. They can basically decide not to issue the Notice to Appear and begin Removal Proceedings.

However, under Trump, this has changed. Prosecutorial Discretion is all but dead. It is very rarely being issued. There are, of course, situations where it is still merited, but nothing like before. Additionally, ICE is revoking grants of PD left and right. Therefore, it becomes necessary for you to know your rights.

You do not have to sign a voluntary deportation;
You can fight your case in front of the Immigration Judge; and
You can still get detained;
You can make a motion to get bonded out.

Therefore, you will note that ICE officials in many cases will not tell you the truth and will lie about what you can and cannot do. You MUST know that you can fight your case and the fact that the Prosecutorial Discretion was denied and/or revoked is no reason to give up. It just means you must fight your case now.

Question: But how can I fight? What should I do?

Answer: First, get a qualified Immigration Attorney. Each case is different. This means that depending on your situation, the particular forms of relief will be different. We might be able to apply for Cancellation of Removal or Adjustment of Status, or Waivers of a variety of different kinds, or Asylum, Withholding of Removal, Convention Against Torture or a number of other forms of relief. What is important is that you can fight your case. Simply because Trump has decided to issue orders revoking Prosecutorial Discretion does not mean your path has ended.

Immigration Attorneys across the country are fighting every order that Trump makes. He cannot simply make the Immigration and Nationality Act disappear, or the Code of Federal Regulations, or the Policy Memos or the Foreign Affairs Manual. We are a country of Laws and one man, even if President of the U.S., cannot simply dictate and make all of that disappear.

We are fighting one case at a time and ultimately, we will prevail and the tides will turn. Trump is already seeing through his Muslim Ban, that he cannot simply sign a paper and think it becomes law.

 

 

TRUMP revoking many PD Cases

The AssociatedPress reports that immigrants who received deportation orders but were allowed to stay in the United States under the Obama administration have become a target under President Donald Trump’s new immigration policies, with some getting arrested during check-ins with immigration officers. In other instances, immigrants with deportation orders have been released, much like they were during President Barack Obama’s administration, in what immigration attorneys say appears to be a random series of decisions based more on detention space than public safety.

TRUMP’s Budget aims for Massive Deportations

The proposed budget aims to dramatically increase immigration enforcement and border security funding to the tune of $300 million above current spending levels to facilitate the deportation of thousands of families and people who have strong ties to the United States and pose no threat to public safety. The proposed budget would also provide funds to increase immigration detention by 66 percent and hire an extra 500 Border Patrol officers and 1,000 additional ICE agents. Additionally, the budget also designates $1.6 billion to fun

What to do if you lose at the Board of Immigration Appeals

 

Question: I am so sad. I lost at the Immigration Court and then I lost at the Board of Immigration Appeals. Is there anywhere else to go and anything else I can do to try to stay here in the U.S.?

 

Answer: Yes. You are eligible to file a Petition for Review to the Circuit Court of Appeals.  Petitions for review must be filed and received by the court no later than 30 days after
the date of the decision of the Board of Immigration Appeals (BIA) or the U.S.
Immigration and Customs Enforcement (ICE). This deadline is jurisdictiona.  The 30-day deadline for filing a petition for review is not extended either by filing a motion to reopen or reconsider or by the grant or extension of voluntary departure. Separate petitions for review must be filed for each BIA decision, including issues arising from the denial of a motion to reopen or reconsider.


ICE can deport an individual before the 30-day deadline to file a petition for review
Filing a petition for review does not stay the individual’s removal from the country; Instead, a separate request for a stay must be filed with the court. Filing a petition for review terminates the voluntary departure order, with one exception.  A petition for review may be litigated even if the individual has been removed. However, you probably want to stay here, so try to get the Motion to Stay promptly filed.

 

Question: That’s good to hear. However, what exactly is a ‘petition for review’?

 

Answer: A petition for review is the document filed by, or on behalf of, an individual seeking review of an agency decision in a circuit court of appeals. In the immigration context, a petition for review is filed to obtain federal court review of a removal, deportation or exclusion decision issued by the BIA. In addition, a petition for review may be filed to obtain review of a removal order issued by ICE under a few very limited specific provisions of the Immigration and Nationality Act (INA).

 

Question: So what can you challenge in the Petition for Review?

 

Answer: A challenge to a BIA or ICE decision may involve legal, constitutional, factual, and/or
discretionary claims. In general, (1) legal claims assert that BIA/ICE erroneously applied or
interpreted the law (e.g., the INA or the regulations); (2) constitutional challenges assert that
BIA/ICE violated a constitutional right (e.g., due process or equal protection); (3) factual claims
assert that certain findings of fact made by BIA/ICE were erroneous; and (4) discretionary claims assert BIA/ICE abused its discretion by the manner in which it reached its conclusion.

 

Keep in mind that the 30-day deadline for filing a petition for review of the underlying decision is not extended by the filing of a motion to reopen or reconsider, nor is it extended by the grant or extension of voluntary departure. To obtain review of issues arising from a BIA decision and issues arising from the denial of a motion to reopen or reconsider, separate petitions for review of each BIA decision must be filed.

 

It is quite complex to properly do a Petition for Review, so be sure that you get a qualified immigration attorney to get it filed for you.

Trump’s Immigration Crackdown Is Overwhelming a Strained System

The number of pending cases in immigration courts looks poised to grow as the Trump administration begins removing undocumented immigrants who weren’t previously targeted. AILA board member Jeremy McKinney explained that the 2014 migrant wave at the southern border first put a strain on the interior immigration courts

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