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ICE on Fingerprints

Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE provided FAQs on an agreement between USCIS and ICE that establishes a process for updating fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but whose fingerprint checks will expire prior to a final decision by EOIR (i.e., the checks are more than 15 months old).

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ICE to be held accountable

Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

 NBCNews reports that the Southern Poverty Law Center (SPLC) has filed a FOIA lawsuit against ICE to obtain the release of government records regarding arrests in early 2016 of Central American immigrants in Georgia, North Carolina, and Texas. SPLC believes the records will show how and why ICE pursued the 121 women and children who were arrested and placed in a Dilley, Texas, family detention center; all but 12 families were deported. “There are serious questions about whether ICE agents’ conduct during these raids violated the Constitution,” stated Lisa Graybill, Deputy Legal Director for SPLC. “We cannot allow ICE, the nation’s largest law enforcement agency, to avoid accountability and violate the federal law by withholding these records.”

https://cbocalbos.wordpress.com/tag/certifying-officer/

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https://cbocalbos.wordpress.com/tag/another-win-for-law-offices-of-brian-d-lerner/

https://californiaimmigration.us/the-best-deportation-attorney-will-never-admit-to-the-criminal-allegations-on-a-notice-to-appear/

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CBP Abusing its power?

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A Los Angeles Times special report examines 450 uses of Tasers, hand-held devices that deliver a paralyzing electric charge, documented by CBP agents from 2010 to 2013. The analysis found that, at least 70 times, CBP agents fired the devices at people who were running away, even though there was no struggle or clear indication that agents were in danger, according to use-of-force reports. At least six times, agents used the weapons against people who were trying to climb over the border fence back into Mexico.

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https://californiaimmigration.us/cbp-debuts-global-entry-program-at-seattle-airport/

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In a detention facility?

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE issued standard operating procedures (SOPs) establishing minimum legal access and legal visitation standards applicable to all ICE Family Residential Centers (FRCs) that are active and operational. The SOPs include information on a pre-screening requirement for the designation of legal visitors and independent medical experts, visits by legal representatives and legal assistants, legal visitation hours, pre-representation meetings, legal visitation privacy, dedicated workspace, materials provided to residents by legal representatives, a pro bono list and resident sign-up, and attorney-client group legal meetings.

https://cbocalbos.wordpress.com/tag/detention-2/

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https://cbocalbos.wordpress.com/tag/criminal-detention/

https://californiaimmigration.us/removal/detention-in-deportation-proceedings/

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You can’t get railroaded by ICE if you have a Court hearing

Posted on November 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Matter of GARCIA-RAMIREZ, 26 I&N Dec. 674 (BIA 2015)
(1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing, regardless of whether the encounter occurred at or near the border. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005), clarified.
(2) Evidence that an alien who had the right to a hearing before an Immigration Judge was fingerprinted and/or photographed before being allowed to voluntarily depart is not enough, in itself, to demonstrate a waiver of the right to a hearing or to show a process of sufficient formality to break continuous physical presence. Matter of Castrejon-Colino, 26 I&N Dec. 667 (BIA 2015), followed.

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ICE Still detaining people without crimes – against what they stated earlier

Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 had been convicted of a crime, and only 19% had a felony conviction. Fully two-thirds had no criminal conviction of any type, in sharp contrast to ICE’s announced plan to detain only individuals who have been “convicted of specifically enumerated [serious] crimes.

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This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.

Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.

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Arizona Daily Star: 200 Individuals Freed From Immigration Custody in Arizona

Posted on January 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

As reported by the Arizona Daily Star, ICE officials have stated that more than 200 individuals have been released from immigration custody in Arizona in the last month following the announcement on DHS’s new enforcement priorities, and that as of December 27, 2014, ICE has released 618 individuals nationwide, including detainees who appear to qualify for DACA or DAPA.

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https://californiaimmigration.us/evidence-need-order-prove-various-requirements-physical-presence-daca/

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Senate Confirms Sarah Saldaña as Director of ICE

Posted on December 19, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Despite GOP objections, the Senate voted 55-39 to confirm Sarah Saldaña as the Director of Immigration and Customs Enforcement (ICE). Ms. Saldaña will be the first Latina to lead the agency.

https://cbocalbos.wordpress.com/tag/death-of-mexican-national-while-in-ice-custody/

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https://californiaimmigration.us/ice-opens-office-in-colorado-springs/

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ICE Releases New Detainee Transfer Policy

Posted on February 3, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

ICE directive, effective 1/4/12, establishing new requirements for the transfer of immigration detainees. ICE states that the new policy will substantially reduce the transfer of detainees who have family members, attorneys, or pending immigration proceedings in the area.

https://www.uscis.gov/

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