• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Social

  • Past Blog Posts

Ruling on Bail and ICE

Tenth Circuit in United States v. Ailon-Ailon. The court held that a federal district court judge could not deny bail to the defendant, who was facing prosecution for illegal reentry and who was also the subject of an ICE detainer, solely due to the risk that ICE would remove him before his criminal trial, finding that in the context of the Bail Reform Act, the risk that a defendant will flee does not include the risk that ICE will involuntarily remove the defendant

Be Careful and don’t violate a Protective Order

The Tenth Circuit followed Matter of Strydom, holding that violation of an order prohibiting contact with a potential victim satisfies the requirements of INA §237(a)(2)(E)(ii), which provides that a permanent resident is removable if he or she “violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury.” Accordingly, the court found that the permanent resident petitioner was removable under the statute.

What is a ‘controlled substance’ for removal purposes

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal

The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

%d bloggers like this: