Articles Posted in Deportation & Removal

Felony cultivation of marijuana in violation of Cal. Health & Safety Code §11358 is categorically an aggravated felony drug trafficking crime under INA §101(a)(43)(B).

In August 1999, Petitioner, a lawful permanent resident, was convicted of felony cultivation of marijuana under Cal. Health & Safety Code §11358. Petitioner was charged with deportability for having been convicted of a controlled substance. The immigration judge concluded that Petitioner’s conviction constituted an aggravated felony which rendered him ineligible for relief from removal. The BIA affirmed and Petitioner was deported to Mexico in August 2004. In November 2004, Petitioner was arrested in California and indicted under INA §276 as a previously deported alien found in the U.S. without the permission of the Attorney General or DHS.

Petitioner moved to dismiss the indictment, arguing that his prior deportation was invalid because the IJ failed to inform him that he was eligible for cancellation of removal.

Read the Decision here Download file

Continue reading

Amazing video, every fact is sad but true…

According to ICE and other government enforcement agencies, a recurrent issue encountered in worksite enforcement investigations today is the abuse of the Social Security card by individuals seeking to satisfy the work authorization requirements mandated by federal law. The Social Security card has long been a favorite of fraudulent document vendors.

The advisory issued by ICE is alerting employers to beware of a new trend in false documents presented by unauthorized foreign workers. ICE describes a commonly found ‘three pack’ that includes a false Social Security card, state driver’s license or identity card, and a work authorization document (or EAD card). Typically, an unauthorized worker also assumes the identity of a foreign national who is authorized to work, using that individual’s documents with a photograph fraudulently added.

Employers can no longer hide behind claims that they did not know of unauthorized workers, if it can be shown that the employer should have known about a violation. Employers should be aware of their responsibilities and rights under the law.

A recent story in San Diego Union Tribune outlines the risks of helping the US government, hoping to get protection in return. The story of a Nigerian immigrant that tried to work with the system

“This is a man who assisted the United States government as an informant, helping them prosecute drug-related crimes, and in so doing, he has put his life at complete risk. We believe that creates an obligation on the part of the United States to protect him,” said Meetali Jain, an attorney at the American University Washington College of Law International Human Rights Law Clinic.

Enwonwu, 58, has spent about five of the last 11 years in detention while fighting his deportation order. His legal appeals all but exhausted, he now is asking to be spared on humanitarian grounds.