LAC News Room (page 2)

Supreme Court to Decide Whether Long Term Resident Can Be Deported Based on Possession of Anxiety Drug, December 21, 2009

Last week, the U.S. Supreme Court announced it would decide whether a permanent resident who was convicted of a second drug possession offense can be deported without an opportunity to make a case for why he should be allowed to remain in the United States. This case, which will resolve a split in the federal courts, will affect hundreds of immigrants who face deportation each year. It also serves as an unfortunate reminder that we still struggle with the adverse effects of the overbroad and unforgiving immigration laws passed by Congress in 1996. Read more . . .

The BIA Has the Chance to Prevent the Wrongful Deportation of Immigrant Children, December 17, 2009

While there is no question that Congress needs to step up to the plate and repair our broken immigration system through legislative reform, there are some fixes that can be made now without waiting for Congressional action. If the Department of Homeland Security (DHS) and the Board of Immigration Appeals (BIA) would stop narrowly interpreting existing immigration law, many noncitizens would be eligible to complete applications for legal status in the manner Congress intended. Read more . . .

ICE Transferring Detainees Impedes Their Access to Counsel and Limits Their Right to Present a Defense to Deportation, December 8, 2009

Two recent reports draw attention to yet another defect in the government’s problem-ridden detention system: ICE’s practice of regularly transferring immigration detainees from one jail to another, often far from where ICE initially arrested them. Transfers have a devastating effect on a person’s ability to retain counsel and maintain an attorney-client relationship; present a defense to deportation; and obtain release from detention. The government should take immediate steps to eliminate these effects and ensure that people who are detained are afforded a fair hearing. Read more . . .

DHS Interprets Law to Detain Refugees Across the Country, November 24, 2009

Last month, President Obama authorized the admission of 80,000 refugees into the U.S. in fiscal year 2010, something every President has done annually since passage of the Refugee Act of 1980. The United States has long recognized the importance of providing a safe haven for refugees. Beginning with laws granting refugee status to displaced persons after World War II and culminating with the comprehensive Refugee Act of 1980, the U.S. has sought to safeguard those who are unwilling or unable to return to their homeland based on a “well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” Read more . . .

The Right to a Remedy for Ineffective Assistance of Counsel, November 23, 2009

Immigrants reasonably rely on their lawyers’ advice, and they expect their lawyers to be knowledgeable about immigration law and procedure. They count on their lawyers to be their voice in immigration court when facing removal and help ensure that they have a meaningful opportunity to be heard. In the great majority of cases, lawyers competently represent their clients’ interests. But what happens in those occasional situations where the immigrant is defrauded by an unscrupulous lawyer, or an otherwise competent lawyer makes an inadvertent mistake that results in the person being ordered removed from the United States? Certainly, a person should not be deprived of the opportunity to present a defense in removal proceedings because of his or her lawyer’s conduct. Read more . . .

Supreme Court Hears Case about Immigrants’ Access to Federal Court Review, November 16, 2009

Last week, the Supreme Court heard arguments in a case that involves an important safeguard for immigrants facing removal from the United States—access to federal court review. The case, Kucana v. Holder, was brought by an asylum seeker from Albania. Mr. Kucana is seeking court review of a government decision depriving him of the opportunity to present his asylum claim. The Seventh Circuit Court of Appeals (based in Chicago) refused to review the government’s decision. Instead, the Seventh Circuit found that in his case, the government has unfettered discretion over a potentially life and death decision. The Supreme Court now is considering whether the Seventh Circuit was right. Read more . . .

American Immigration Council and American Immigration Lawyers Association Submit Recommendations for Protecting The Right to Effective Assistance of Counsel

November 12, 2009

Today, the American Immigration Council (formerly the American Immigration Law Foundation, AILF) and the American Immigration Lawyers Association (AILA) send a letter to the Executive Office for Immigration Review (EOIR) recommending steps the immigration courts and the Board of Immigration Appeals (BIA) can take to protect the right to effective assistance of counsel and help ensure that noncitizens in removal proceedings are afforded a fair hearing. Read more . . .

Report Highlights Need for Appointed Counsel for Detainees Facing Removal, November 5, 2009

A report issued this week by the City Bar Justice Center highlights one of the most serious flaws of the removal process: noncitizens are not appointed a lawyer to represent them. The report focuses on the efforts of the City Bar Justice Center and other nonprofit organizations to increase access to legal counsel at the Varick Federal Detention Facility in Manhattan. According to the report, a significant portion of the detainees housed at Varick had possible meritorious claims to relief from removal, such as asylum or an avenue for obtaining a green card. Read more . . .

Board of Immigration Appeals Rules Not to Reopen Old Deportation Cases, November 3, 2009

A decision by the Board of Immigration Appeals (BIA) last week provides yet more evidence that broken laws create broken government. By refusing to protect eligible applicants for adjustment of status from deportation, the Board eased the way for the Immigration and Customs Enforcement (ICE) to deport someone whose legitimate green card application is pending with United States Citizenship and Immigration Services (USCIS). Read more . . .

U.S. Supreme Court Considers “Collateral Consequences” for Immigrants in Criminal Cases, October 13, 2009

Today, the U.S. Supreme Court heard arguments in a case posing the question: “If a criminal defense lawyer tells his or her client not to worry about the immigration consequences of pleading guilty, but that advice is wrong and in fact the client will be deported as a result of pleading guilty, can the client withdraw the plea?” Read more . . .

Supreme Court to Hear Two Cases Affecting Fair Process for Immigrants, October 5, 2009

Today, the United States Supreme Court opens its October session. Among the cases it will hear this term, two may have a significant effect on immigrants. The first case involves the intersection of the criminal justice system and immigration and the important role that lawyers play in safeguarding the rights of immigrants. The second case deals with immigrants’ access to federal court review—review which provides necessary oversight of government decision-making in immigration cases. These cases present the Supreme Court with opportunities to reaffirm that immigrants must be afforded fair process and a meaningful opportunity to be heard. Read more . . .

Immigrants with Mental Disabilities Are Deprived Their Day in Court, September 11, 2009

The U.S. legal system is premised on the idea that every party in a case is afforded his or her day in court and a meaningful opportunity to be heard. Yet, for individuals with mental disabilities facing deportation from the United States—including those whose removal will mean being permanently barred from ever returning—that day may never arrive. Read more . . .