If you’ve been following what is happening in the immigration law arena, you may have noticed a term that has been used a lot in the last six months: “prosecutorial discretion.” The reason for its being in the news is because in the summer of 2011, ICE issued a series of memos regarding prosecutorial discretion. […]
Archive for the ‘Deportation and Detention’ Category
Prosecutorial Discretion Could Get You Out of Removal Proceedings
January 18th, 2012 
Max Nuyen Crime of Violence Watch
November 23rd, 2011 Max Nuyen Lopez-Cardona v. Holder (9th Cir. 11/18/2011) The Ninth Circuit decided that residential burglary, specifically a violation of California Penal Code § 459, constitutes a crime of violence. Thus, a person convicted under this Penal Code section would become ineligible for relief under withholding of removal pursuant to 8 U.S.C. § 1231(b)(3). The court determined that […]
Posted in Deportation and Detention 
Tags: crime of violence, immigration consequences of burglary, Lopez-Cardona v. Holder, withholding of removal 
Comments Off on Crime of Violence WatchAggravated Felony Watch
October 13th, 2011 Max Nuyen Rodriguez-Valencia v. Holder (BIA 7/21/2011) In a published decision, the BIA held that conviction for unauthorized imitation of trademarks constitutes an “aggravated felony” as an offense relating to counterfeiting for purposes of removal pursuant to 8 U.S.C. Sec. 1101(a)(43)(R). The petitioner was convicted of violating California Penal Code Sec. 350 for having willfully manufactured, intentionally selling, […]
Posted in Deportation and Detention Tags: aggravated felony, BIA, counterfeiting, removal, Rodriguez-Valencia v. Holder Comments Off on Aggravated Felony Watch365-Day Sentence Considered One Year, Even if Served During Leap Year
October 7th, 2011 Max Nuyen Habibi v. Holder (9th Cir. 9/14/2011) I would put this case under the “nice try” category. Immigration attorneys, especially the ones who mainly deal with appellate issues, can be very creative. Sometimes our creativity pays off. Other times, it doesn’t. The above case is an example of a cute idea that didn’t get too far.
BIA Has Authority to Expand List of “Particular Serious Crimes” Which Would Limit Asylum Claims
August 29th, 2011 Max Nuyen Delgado v. Holder (9th Cir. 8/19/2011) Most folks with a passing understanding of immigration law know that certain crimes will lead to the denial of immigration benefits or removal. For instance, you would be ineligible for asylum if you were convicted of an aggravated felony, regardless of how meritorious your claim of persecution may be. […]
State Conviction for Drug Offense Can be Basis for Removal Even if Conviction Is Expunged
July 18th, 2011 Max Nuyen Nunez-Reyes v. Holder (9th Cir. 7/14/2011) If a non-citizen is convicted of simple possession of a controlled substance under federal law, he or she will get a second chance. This is due to the Federal First Offender Act (“FFOA”), which mandates that a federal conviction for simple drug possession that has been successfully expunged shall […]
Immigration Judge Finds ISAP is a Form of Custody
June 21st, 2011 Max Nuyen In the Matter of –(3/6/2009) I discovered this case recently while researching some issues pertaining to ISAP. It’s not available to the public because it has not been published. The decision was written by an immigration judge in Florida, so it has no real precedential authority, but its legal discussion is valuable nonetheless because it […]
Late TPS Registrant for Derivative Benefits Must Meet All Initial Requirements
June 16th, 2011 Max Nuyen Matter of Echeverria (B.I.A. 6/1/2011) Temporary Protected Status (“TPS”) is a humanitarian program designed to permit aliens who are present in the U.S. to remain in the country even though they may not qualify for any type of immigration benefit or asylum. TPS does not confer immigration status, but does give the beneficiary an opportunity […]
ISAP
June 6th, 2011 Max Nuyen I get quite a few questions about the Intensive Supervision Appearance Program (“ISAP”), particularly when the person is requested to wear an ankle GPS device. Here are my observations so far: If you want to have the ankle device removed, you must file a formal request with an immigration judge right away, as in TODAY. Normally, […]
Posted in Deportation and Detention Tags: detention, GPS ankle bracelet, ICE, immigration judge, ISAP 5 Comments »Ninth Circuit Lays Out Procedure for Appeal of Denial of Bond Hearing
May 24th, 2011 Max Nuyen Leonardo v. Crawford (9th Cir. 5/13/2011) In 2008, the Ninth Circuit decided Casas-Castrillon v. DHS, which held that aliens detained pending completion of their removal proceedings are entitled to a bond hearing before an immigration judge to determine whether their ongoing detention is justified. While a very important case for those in detention, there were […]