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For over a year, the American Bar Association’s Commission on Immigration and the law firm of Arnold & Porter LLP engaged in a comprehensive review of the current removal process. The law firm poured over hundreds of articles, reports, legislative materials, and other documents, and interviewed scores of participants in the system, including lawyers, judges, …
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Permanent link to this article: http://immigrationimpact.com/2010/02/09/new-aba-study-documents-serious-system-wide-problems-in-the-removal-process/
Yesterday, the U.S. Supreme Court issued a decision ensuring that immigrants facing deportation have fair process in the review of their cases. The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to reopen the case. The Court’s decision …
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Permanent link to this article: http://immigrationimpact.com/2010/01/21/supreme-court-protects-immigrants-access-to-court-review/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/12/21/supreme-court-to-decide-whether-long-term-resident-can-be-deported-based-on-possession-of-anxiety-drug/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/12/08/ice-transferring-detainees-impedes-their-access-to-counsel-and-limits-their-right-to-present-a-defense-to-deportation/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/11/23/the-right-to-a-remedy-for-ineffective-assistance-of-counsel/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/11/16/supreme-court-hears-case-about-immigrants%e2%80%99-access-to-federal-court-review/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/11/05/report-highlights-need-for-appointed-counsel-for-detainees-facing-removal/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/11/03/board-of-immigration-appeals-rules-not-to-reopen-old-deportation-cases/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/10/13/us-supreme-court-considers-%e2%80%9ccollateral-consequences%e2%80%9d-for-immigrants-in-criminal-cases/
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 …
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Permanent link to this article: http://immigrationimpact.com/2009/10/05/supreme-court-to-hear-two-cases-affecting-fair-process-for-immigrants/
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