DERIVATIVE CITIZENSHIP
Jordon v. U.S. Atty. Gen., __ F.3d __, 2005 WL 2334686 (3d Cir. Sept. 26, 2005) (to obtain derivative citizenship upon the naturalization of single parent having legal custody over child born outside the United States, the parent having legal custody must be naturalized after a legal separation from childs other parent).
RELIEF - DETENTION
Kathleen Glynn and Sarah Bronstein, SYSTEMIC PROBLEMS PERSIST IN U.S. ICE CUSTODY REVIEWS FOR "INDEFINITE" DETAINEES, is reprinted in the August 15, 2005 issue of Bender's Immigration Bulletin, p. 1279.
DETENTION - REMOVAL - ARRIVING ALIENS - REGULATIONS PROVIDE IJ HAS NO JURISDICTION TO SET BOND
The regulations divest the Immigration Judges of jurisdiction over bond applications by arriving aliens. 8 C.F.R. 3.19(h)(2)(i)(B), 236.1(c)(11).
DETENTION - CUSTODY REDETERMINATION
Matter of XK, 23 I. & N. Dec. 731 (BIA 2005) (noncitizens screened for expedited removal under INA 235(b)(1)(A), as noncitizens designated under INA 235(b)(1)(A)(iii), but who are later placed in removal proceedings under INA 240, 8 U.S.C. 1229a (2000), following positive credible fear determination, are eligible for custody redetermination hearings before Immigration Judge unless the noncitizens are also members of any of the listed classes of noncitizens who are specifically excluded from the custody jurisdiction of Immigration Judges pursuant to 8 C.F.R. 1003.19(h)(2)(i)).
IMMIGRATION CONSEQUENCES - DETENTION
Cole, David, In aid of removal: due process limits on immigration detention, 51 Emory L.J. 1003-1039 (2002).
RELIEF - MANDATORY DETENTION - RETROACTIVITY
Olatunji v. Ashcroft, 387 F.3d 383 (4th Cir. Oct. 19, 2004) (habeas petition, seeking review of his continued detention pursuant to a final order of removal, is granted where IIRAIRA had an impermissible retroactive effect on plaintiff's 1994 guilty plea).
RELIEF - EXPEDITED REMOVAL - ATTORNEY GENERAL'S CHOICE OF EXPEDITED REMOVAL DID NOT VIOLATE DUE PROCESS
Flores-Ledezma v. Gonzales, ___ F.3d ___ (5th Cir. June 27, 2005) (petition for review of final order of removal is denied over claim that the Attorney General's statutory discretion to choose between expedited removal proceedings and general removal proceedings violates the Due Process Clause of the Fifth Amendment).
http://caselaw.lp.findlaw.com/data2/circs/5th/0360845p.pdf
CRIMINAL DEFENSE - NO DEPORTATION UNTIL AFTER RELEASE FROM CUSTODY - PAROLE OR PROBATION DOES NOT BAR DEPORTATION
INA sec. 241(a)(4)(A) which states: (4) Aliens imprisoned, arrested, or on parole, supervised release, or probation.- (A) In general.-Except as provided in section 343(a) of the Public Health Service Act (42 U.S.C. 259(a)) and paragraph (2), the Attorney General may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment. Parole, supervised release, probation, or possibility of arrest or further imprisonment is not a reason to defer removal.
EXPEDITED REMOVAL
Merlin, Nicholas. Comment. Immigration policy and the expedited removal rule: "equality for some, justice for none". 16 St. Thomas L. Rev. 163-185 (2003).
NEW - GOOD MORAL CHARACTER - BAR TO GOOD MORAL CHARACTER FOR NONCITIZENS WHO ENGAGED IN NAZI PERSECUTION, GENOCIDE, ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS ABROAD, AND SEVERE VIOLATIONS OF RELIGIOUS FREEDOM
Section 5504 the IRTPA creates a permanent bar to showing good moral character, under INA 101(f)(9), for those noncitizens who have engaged in Nazi persecution, genocide, acts of torture, extrajudicial killings abroad, or severe violations of religious freedom, as defined under INA 212(a)(3)(E), 212(a)(2)(G). Intelligence Reform and Terrorism Prevention Act of 2004 ("IRTPA"), 5504, Pub. L. No. 108-458; S. 2845, 108th Congress (Signed Dec. 17, 2004).
