Via the crImmigration blog:
The U.S. Department of Justice posted the following message on its Facebook page last week:”To report potential civil rights concerns related to the impact of Alabama’s immigration law H.B. 56, please contact 1-855-353-1010 or [email protected]”
As discussed in a previous post, in Silva-Trevino, ex-Attorney General Mukasey attempted to drastically revise nearly a century of jurisprudence governing the analysis used to determine whether a particular conviction constitutes a crime involving moral turpitude (CIMT). This post will attempt to answer the question – when are the Immigration Courts allowed to look beyond the record of conviction to determine whether a conviction for simple assault is a CIMT?
EDIT: After the Fourth Circuit’s recent decision rejecting Silva-Trevino in Prudencio v. Holder, this approach is looking more and more vulnerable to attack. Check to see whether Silva-Trevino is still good law in your circuit. I discuss the Fourth Circuit decision here.
Posted in Criminal Law, Immigration
Tagged BIA, Cancellation of Removal, Criminal Immigration, deportation, EOIR, Immigration, Immigration Court, removal, Removal Defence, Statutory Interpretation
I have an upcoming merits hearing in the Baltimore Immigration Court for a Jehovah’s Witness seeking asylum from Eritrea. I plan to present an opening argument if the judge allows (not all do). For those unfamiliar with Immigration Court, these are bench trials in the nature of evidentiary hearings before an administrative judge. These hearings are usually just a few hours long, and there is a DHS ICE lawyer who will require the asylum-seeker to meet his or her burden of proof of eligibility. I am posting my draft opening argument because it illustrates many of the reasons I am so proud to participate in the asylum process. Asylum is truly an example of America’s greatness. It will be something like the following:
Posted in Immigration
Tagged Asylum, Baltimore, DC, EOIR, Eritrea, Immigration, Immigration Court, Jehovah's Witnesses, Maryland, Religious Persecution, Washington