Category: Removal & Deportation

In Matter of CASTILLO-PADILLA, 25 I&N Dec. 257 (BIA 2010), the Board of Immigration Appeals held: “(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who was released from custody on […]

The Supreme Court stated its June 14, 2010 decision in Carachuri-Rosendo v. Holder that “Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when … the state conviction is not based on the fact of a prior conviction.” “[O]nly recidivist simple possession offenses are “punishable” as a federal “felony” under the Controlled Substances Act, 18 U. S. C. §924(c)(2)” Citing its earlier decision, the […]

The Executive Office for Immigration Review (EOIR) announced on May 20, 2010 that it has improved the transparency of its system for addressing complaints about immigration judges. For more about the complaint process or how to file a complaint, visit the EOIR website or click here.

Syracuse University’s Transactional Records Access Clearinghouse (TRAC) reports the number of cases awaiting resolution before the Immigration Courts reached a new all time high of 242,776 matters at the end of March 2010. TRAC’s latest report on the Immigration Courts can be viewed at this address: http://trac.syr.edu/immigration/reports/232/

Padilla v. Kentucky (click name to read case)