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Articles Tagged: Immigration

Children in Immigration Proceedings: Self Representation or Federal Attorney?

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Thousands of undocumented immigrants cross the border into the United States and willingly turn themselves into federal Customs and Border Patrol agents so they can apply for asylum.  The journey into this country is long and dangerous, especially for children under the age of eighteen who have no parents or guardians to protect them.  These […]

The Fourth Circuit Allows DHS to Recharge Removability on Same Grounds after Proceedings Terminated Without Prejudice 

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On August 13, the U.S. Court of Appeals for the Fourth Circuit ruled that the Department of Homeland Security (“DHS”)’s termination without prejudice of removal proceedings based on respondent’s conviction of an aggravated felony, do not preclude the government from charging respondent with removability again in the future, based on the same conviction. In Calero […]

Unrepresented Minors in Immigration Court

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The news since last year has been inundated with stories about children crossing the US/Mexico border unaccompanied.  This surge, as it has been called, created a need for places to house the children and lawyers to defend them.  So how many of those children have actually been allowed to stay in America? And what factors […]

Immigration Court Backlogs Reach All-Time High

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Due to the recent surge of unaccompanied children migrants the backlog in Immigration Courts has reached an all-time high.  At the end of June the back log totaled 375,503 cases, which is an increase of more than 50,000 since the start of the 2013 fiscal year.  Specifically the number of juvenile cases has increased to […]

Two Years Later: The Impact of DACA

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Deferred Action for Childhood Arrivals (DACA) Program is an Obama Administration initiative implemented to extend rights and benefits to the growing number of undocumented youths and young adults living in the United States. The program allows youths and young adults meeting certain requirements to temporarily defer deportation and receive both eligibility for renewable two-year work […]

Opening a Window for Asylum Claims Based on Family Ties

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In Aldana-Ramos v. Holder, just issued on June 27, 2014, the United States Court of Appeals for the First Circuit held that family alone can constitute a particular social group, and thus an asylee who has been persecuted on account of his or her family membership can qualify for asylum. In Aldana-Ramos v. Holder, the […]

Nationality Trends in New Naturalized Citizens in the US

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The Department of Homeland Security (DHS) recently released its Annual Flow Report analyzing naturalization patterns for the preceding year. This report uses administrative records consisting of information from naturalization applications in the preceding year, drawing conclusions as to present and future trends of immigration. In 2013, the United States naturalized a total of 779,929 persons, […]

Is the U.S. Becoming More Immigrant Friendly?

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In her May 19, 2014 article in Politico titled “States Take on Immigration,” Seung Min Kim explains that states are increasingly taking immigration into their own hands.  However, where states used to pass laws focusing on immigration law enforcement such as Arizona’s anti-immigration laws partially struck down in 2010, now they are focusing on expanding […]

Discriminatory Practices in the Central American Asylum Credible Fear Process

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The American Immigration Council recently issued a special entitled, “Mexican and Central American Asylum and Credible Fear Claims: Background and Context.” This timely report discusses the current rhetoric surrounding the credible fear process and the state of the U.S. asylum system. Specifically, the report examines the legitimacy of credible fear claims based on situations of […]

Entry Without Inspection Leads to Citizenship Through TPS

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In Ramirez v. Dougherty, the district court for the Western District of Washington, in the Ninth Circuit, held that there was a path to citizenship for an alien from El Salvador who entered the U.S. without having been inspected and admitted or paroled, thus illegally in 1999. The plaintiff had lived in the U.S. for […]