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Attorney General Sessions continues to take away due process of Immigrants

Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group.

Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.

Due Process decreased

The new policies “systematically deprive people coming to the United States of due process and the opportunity to apply for legal relief to which they may be entitled under law.”

Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

DOJ announced that Attorney General Jeff Sessions notified all U.S. Attorney’s Offices along the southwest border of a new “zero-tolerance policy” for offenses under 8 U.S.C. §1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an individual. Sessions further directed the U.S. Attorney’s Offices to prosecute all DHS referrals for §1325(a) violations to the extent practicable.

More on new Memo by DHS on priorities to remove

The DHS memo seems to now want to greatly expand expedited removal of foreign nationals.

The memo goes on to State that local and State enforcement officers need to enforce U.S. Immigration Laws

There will certainly be a wide variety of lawsuits on this memo because it is vague, ambiguous and far too broad and puts persons who are not removable under the law into its net.

Court Rejects Pro Se Petitioner’s Argument That He Was Denied Representation by Counsel

The Seventh Circuit denied the petition for review, holding that the petitioner was afforded due process, because the IJ fully complied with the statutory requirement of INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to secure representation.

Did Immigration Judge forget to let you know your rights?

The Ninth Circuit vacated the defendant’s conviction for illegal reentry, holding that the defendant’s due process rights were violated when the Immigration Judge (IJ) failed to advise the defendant during his 1999 removal proceeding about the availability of potential discretionary relief under INA §212(c). The court remanded for consideration of whether the defendant was prejudiced by the deprivation of his due process rights.

Got illegal Reentry? Got a defense?

The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.

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