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Tag Archives: Immigration

EDVA: Due process requires bond hearing for long-detained immigrant (access required)

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

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A sanctuary in Richmond (access required)

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On June 20, the First Unitarian Universalist Church in Richmond opened their door to provide sanctuary to Abbie Arevalo-Herrera, an immigrant who came to America from Honduras to escape domestic violence in 2013. Arevalo-Herrera, a mother of three, is currently ...

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4th Cir.: Law covering “de minimis” theft no grounds for removal (access required)

Because not all of the offenses encompassed under Maryland’s theft statute qualify as crimes involving moral turpitude, the Board of Immigration Appeals erred in concluding that the petitioner committed such crimes and was thus ineligible for cancellation of removal. Background ...

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4th Cir.: USCIS could disregard custody order lacking factual basis (access required)

It was not arbitrary or capricious for U.S. Citizenship and Immigration Services to reject special immigrant juvenile status for a Salvadoran girl on the basis of a state court order that lacked a factual basis for permanent custody with her ...

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4th Cir.: State drug convictions defeated court’s jurisdiction (access required)

An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on ...

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EDVA: Review framework may violate immigrants’ due process rights (access required)

In a defendant’s motion to dismiss his criminal indictment for illegal re-entry, he was entitled to some meaningful review of a deportation proceeding upon which his criminal prosecution was based. While he prevailed on his constitutional claim, he could not ...

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4th Cir.: Va.’s obstruction offense not a crime of moral turpitude (access required)

The Board of Immigration Appeals erred in concluding that Virginia’s obstruction-of-justice offense qualified as a “crime involving moral turpitude” that heightened the burden on an immigrant petitioner challenging his removal. Background Petitioner Jose Ramirez, a citizen of El Salvador, first ...

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4th Cir.: Exclusionary rule applies only after egregious conduct (access required)

In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...

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