The 9th Circuit Court of Appeals has held that a conviction for carrying a concealed weapon under California Penal Code §12025(a) is categorically a removable firearms offense under INA §237(a)(2)(C). See Gil v. Holder, 6/22/11
The 10th Circuit has made a ruling relating to the scope of the Supreme Court decision, Padilla v. Kentucky. The 10th found that the government is not required to prove in immigration proceedings that an alien received constitutionally adequate advice about the consequences of his criminal plea for the plea to be valid for immigration purposes. See Waugh v. Holder, 6/22/11.
Earlier in the week I mentioned a recent memo that was issued by John Morton, Director of Immigration and Customs Enforcement (ICE), setting forth guidelines for consideration in prosecuting of immigration cases.
The memo says all the right things, but from my professional experience in practice government attorneys have had their hands tied by the Obama administration with respect to the favorable exercise of prosecutorial discretion.
For example, I represent this individual:
When I first got involved in this young man's case the head office in Washington ordered local chief counsel to agree to nothing other than voluntary departure (voluntary deportation). Once the press got wind of the story, and Senator Derbin set up a poster sized image of him on the floor of the Senate, Washington's tune miraculously and expeditiously changed. I can assure you that the local government attorneys had no desire to deport my client, but were precluded by Washington from acting independently.
Point being, the Obama administration wasn't willing to do a thing to help a DREAM Act eligible student until they were being embarrassed on the floor of the Senate, and the Hispanic electorate was put on notice of the pending deportation. In short, it has become increasingly clear to me that this administration really only cares about your vote, not your undocumented relative.
I will reserve judgement until I see how this most recent memo is implemented, but if past conduct is any indication of future action I'm not holding my breath.
Does anyone else find it ironic that in the very same week that the prosecutorial discretion memo was issued the Obama administration rounded-up over 2,400 immigrants in what is being touted as the largest enforcement operation in history?
The Obama administration detained over 2,400 individuals during a 7-day period in what may be the largest immigration enforcement operation in history. The immigration sweep was entitled "Operation Cross Check" and coordinated ICE officers with local law enforcement agencies in all 50 States.
ICE Director Morton stated that the raid underscores ICE's ongoing focus on arresting and tracking down immigrants who game our nation's immigration system.
Matthew Kolken is a trial lawyer with experience in all aspects of United States Immigration Law including Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).
The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
