Cases of the Day

No Collateral Attack on Expedited Removal
In US v. Lopez-Vasquez, No. 99-50918 (5th Cir. August 16, 2000), Defendant was found guilty of being found in the US without obtaining the consent of the Attorney General after expedited removal. The court rejected his argument that the expedited removal was fundamentally unfair and a violation of due process because in the exclusion or inadmissibility context only the process afforded by the Congress and the Executive is required, and Defendant did not argue that these procedures had not been followed.

Court Revokes Citizenship of Nazi Concentration Camp Guard
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In US v. Negele, No. 99-3522 (8th Cir. August 17, 2000), the court affirmed the District Court's revocation of Negele's US citizenship since he misrepresented his war record as a Nazi concentration camp guard. The Eighth Circuit concluded that Negele's service in the German Waffen SS Death's Head unit constituted membership and participation in a movement hostile to the US which made him ineligible for an immigration visa under the Displaced Persons Act. Since he was ineligible to receive a visa, he was not lawfully admitted for permanent residence.

Immigration News of the Day

Ailing Felon is Fighting Deportation
According to the New York Daily News a Guyanese woman, crippled from polio and suffering from Lou Gehrig's disease, is fighting deportation. She was convicted last year of wire fraud and is being held in INS custody in Texas even though her family resides in New York.

INS Takes Heat Over Colombian Drug Sting
The Star-Ledger reports that earlier this summer, federal agents and prosecutors snared illegal immigrants in Operation Wild Card, a sting that offered foreign nationals green cards in exchange for drugs or cash. Now, defense lawyers and even the judge hearing the cases are questioning the fairness of luring immigrants into criminal behavior with the promise of permanent residence.