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LAC Urges Fifth Circuit to Permit Removal Cases to Continue from Outside the United States

Released on Thu, Dec 15, 2011

Washington, D.C.—The Legal Action Center, along with the National Immigration Project of the National Lawyers Guild (NIPNLG), filed an amicus brief yesterday urging the Fifth Circuit Court of Appeals to reject the departure bar, a regulation that the Board of Immigration Appeals (BIA) interprets as barring it from reviewing cases after a person has left the United States. In this case, Lari v. Holder, the petitioner filed a timely motion to reconsider his removal order. Just three weeks later – before the BIA adjudicated the motion – the Department of Homeland Security deported him. The BIA then dismissed the motion, finding that it lacked authority to consider the petitioner’s claims now that he was outside the United States. The Legal Action Center and NIPNLG argue that the BIA’s rule unlawfully deprives noncitizens of their right to an adjudication of their removal case.

The Legal Action Center and NIPNLG have coordinated litigation on issues related to post departure review nationwide. Read more about the LAC and NIPNLG’s efforts on the LAC’s website. To date, six circuit courts have found the departure regulation unlawful.

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For inquiries contact Brian Yourish at [email protected].

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U.S. Seeks Rule Change to Let Some Illegal Immigrants Remain With Families

Published on Fri, Jan 06, 2012

The Obama administration proposed changing federal rules to let some undocumented immigrants stay in the U.S. while seeking legal status, a move that would help Hispanics, a key voting bloc in the 2012 election.

The proposal is aimed at spouses and children of U.S. citizens who are eligible for a visa. The proposed change would let them remain in the country while applying for a green card, according to a statement by U.S. Citizenship and Immigration Services.

The law now calls for immigrants who have been in the country illegally for 180 days or more to leave the U.S. to apply for legal residence, a period that can last as long as 10 years. Because of the potentially long separation from their families, immigrants who are eligible don’t apply for legal status, according to the American Immigration Council, a Washington-based pro-immigration group.

Congressional Republicans have stymied President Barack Obama’s drive to overhaul immigration laws to let temporary foreign workers enter the U.S. and to help illegal immigrants on a path toward citizenship. The proposed change doesn’t need congressional approval.

It would “provide a more predictable and transparent process and improved processing times,” according to the immigration agency’s statement.

Hispanics contributed to Obama’s margin of victory in the 2008 presidential election. Exit polls on election day showed 67 percent of Hispanic voters supported him compared with 31 percent for Arizona Senator John McCain, the Republican nominee.

States With Hispanics

That support helped Obama carry states with large Hispanic populations, including Florida, Colorado, Nevada and New Mexico. The states are among the ones likely to be the most competitive in this year’s presidential race.

The illegal immigration issue has sparked disputes in the race among Republicans vying to be Obama’s opponent.Read more...

Published in the Bloomberg

Iowa's immigrants have economic power

Published on Fri, Dec 25, 2009

The politics of division is the theme for a vocal minority who continue to spread lies and hate instead of offering real solutions for our broken immigration system. But reality and facts tell a different story.

Published in the Des Moines Register

Texas Cities Join Others in Brief Opposing Arizona Law

Published on Wed, Apr 04, 2012

The city of Austin didn’t like Arizona’s controversial immigration-enforcement law — SB1070 — when it first passed in 2010, and it still doesn’t like the measure today as the U.S. Supreme Court prepares to hear arguments for and against it.

In 2010, the city of Austin quickly passed a resolution that urged city departments to sever ties with businesses in that state.

Council members said then they wanted to send a message that they opposed racial discrimination of any kind, and they didn’t want to risk subjecting city employees to “unfounded detentions while on official city business” in Arizona.

Now, Austin — along with the city of Laredo and Dallas County — is again expressing dismay over the measure in an amicus brief with the U.S. Supreme Court. Oral arguments in the case are scheduled for April 25.

Meanwhile, a leading immigration-policy think tank has issued a report stating that if the justices rule in Arizona’s favor, individuals may still bring additional legal claims to halt the policy depending on how it is enforced.

The court will review four provisions of the Arizona law, which has been enjoined by a federal district court. They include a requirement that police officers attempt to determine the immigration status of a person stopped if they suspect the person is in the country illegally; a requirement that immigrants register with the federal government and carry a registration card with them; a provision that makes it a crime for an unauthorized immigrant to work, apply for work or solicit work; and a provision that allows officers to arrest immigrants without a warrant if probable cause exists that they have committed a deportable offense.

The amicus brief, joined by 41 cities, the United States Conference of Mayors and the National League of Cities, argues that the law, and others like it, open the door for racial profiling and adversely affect community policing efforts.Read more...

Published in the Texas Tribune

Particularly Serious Crime and Jurisdiction; Case Dismissed

Ali v. Achim, 551 U.S. 1188 (2007)

The Supreme Court granted certiorari to determine whether the Seventh Circuit erred 1) when it concluded that an offense does not need to be an aggravated felony to be classified as a “particularly serious crime,” and 2) when it construed the scope of the court’s jurisdiction to review the BIA’s particularly serious crime determinations under 8 U.S.C. §§ 1252(a)(2)(B)(ii) and (a)(2)(D). On December 21, 2007, the petitioner filed a motion for voluntary dismissal asking the Court to dismiss the writ of certiorari pursuant to a settlement agreement. The motion states that the petitioner and the government entered into a settlement agreement and petitioner has agreed not to pursue his claims for asylum and withholding of removal. The Court dismissed the case on December 27, 2007. Read more...

Ali B. Cambel

Ali B. Cambel was born in Merano, Italy, in 1923 of Turkish parents who were in the diplomatic corps. He is a naturalized U.S. citizen, a member of the Religious Society of Friends, and is a widower.

Mr. Cambel received his early education through home tutoring. He gained admission to Robert Academy, an American prep school and then to Robert College in Istanbul, Turkey where he received his first degree with honors in the humanities and sciences at age nineteen. He pursued graduate work in chemical engineering at the University of Istanbul, naval architecture at M.I.T., and mechanical engineering at CalTech. He holds an M.S. and Ph.D. degrees in mechanical engineering and mathematics from the University of Iowa. He is also a licensed professional engineer.Read more...

Arizona's Message to Immigrants: Take Your Billions and Run

Published on Thu, May 06, 2010

Many proponents of Arizona's harsh new immigration law cite rampant crime and violence at the border as the impetus behind the push to turn police into immigration agents and undocumented workers into criminals.

But immigrants are less likely than native-born residents to commit crimes, and presence in the US without papers is a civil, not a criminal offense. As the Immigration Policy Center points out, Arizona's crime rates have been steadily falling in recent years despite increased flows of undocumented immigration. It is unclear how directing police officers, under threat of lawsuit, to target these residents will make Arizona safer. In fact, law enforcement officials from across the country warn that SB 1070 may have the opposite effect, and compromise public safety by diverting scarce police resources away from targeting criminals, regardless of citizenship status.

Published in the Huffington Post