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Tag Archives: immigration

Constitutional – Search & Seizure – Traffic Stop – Administrative – Immigration – Green-Card Check (access required)

U.S. v. Guijon-Ortiz A police officer who questioned a pickup passenger’s alien legal residence card during a routine traffic stop did not violate the passenger’s Fourth Amendment rights when he extended the stop to call the local customs office to check the validity of the passenger’s identification, and the 4th Circuit affirms defendant passenger’s conviction for illegal reentry after deportation in violation of 8 U.S.C. § 1326.

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Administrative – Immigration – Asylum Claim – Persecuted Activist — Cameroon (access required)

Tassi v. Holder A citizen of Cameroon who was a university student newspaper editor and political activist in a Southern Cameroon independence movement, who was repeatedly arrested and beaten for her activism, has her case challenging denial of asylum remanded by the 4th Circuit so she may again seek protection under the United Nations Convention Against Torture (CAT).

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Administrative – Immigration – ‘Alien Smuggling’ – Parents & Children (access required)

Ramos v. Holder A Guatemalan mother and father who entered the U.S. illegally engaged in “alien smuggling” when they followed a pattern of sending each of their four children several thousand dollars at a hotel in Mexico, for the children’s subsequent illegal arrival in the U.S.; the 4th Circuit upholds the Board of Immigration Appeals’ conclusion that the parents lacked the “good moral character” necessary for cancellation of removal.

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SC’s tough new immigration law could push foreign-born workers and their legal needs northward (access required)

If South Carolina’s aggressive new immigration law takes effect next year as scheduled, the controversial measure could clog the Charlotte Immigration Court with deportation cases and lead to a spike in business at law practices throughout the Carolinas. Modeled after legislation in Arizona, the immigration crackdown would allow police to rely on “reasonable suspicion” when asking for proof of citizenship or legal residence during any kind of stop, investigation or arrest. The law also establishes an Illegal Immigration Enforcement Unit and requires employers to use the federal E-Verify system to check whether employees and job applicants are legal residents.

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In a family way (access required)

Marcia Zug entered Yale Law School thinking she wanted to become a judge, because she liked the idea of wielding the law as a tool. But then she changed her mind. Almost a decade later, she’s glad she did. Zug, 33, is an assistant professor at the University of South Carolina School of Law in Columbia. She teaches family and American Indian law, and is establishing a reputation as a legal analyst in emotionally charged immigration cases. Last year, for instance, she talked on Public Radio International about a pending Missouri Supreme Court case that involves an undocumented Guatemalan poultry worker, who is facing deportation but does not want to leave without her U.S.-born son. The boy was adopted against his mother’s will during the three years she was in detention.

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NC man separated from wife because feds can’t decide whether he’s married (access required)

A Hillsborough man who married his Indonesian bride in an Islamic ceremony in Jakarta in 2008 has been separated from her and his U.S.-born son because the State Department and the Department of Homeland Security can’t agree on whether he’s married. The Republic of Indonesia’s Department of Religion, Office of Religious Affairs, declared that as of July 12, 2008, there was an “authenticated covenant of marriage” between the man – David Rowe – and Indonesia native Tri Aminudin (pictured with their son, Sean).

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Harvest of uncertainty (access required)

While efforts to require all employers to use the E-Verify database to check immigration and work authorization status for all workers have resurfaced at the federal level, North Carolina lawmakers are moving ahead with their own versions of immigration reform. The result is a legal headache for employers in some industries, particularly meat processing plants. North Carolina’s House of Representatives earlier this month approved House Bill 36, which expanded the state’s E-Verify requirements. State agencies already have to use the database to check employment status; now the bill would require the same of local governments, companies with government contracts and businesses with 25 or more workers. At press time the bill had not yet passed in the Senate.

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Administrative – Immigration – ‘Inconclusive’ Record – No Relief from Removal (access required)

Salem v. Holder A lawful permanent resident, from former Jordanian territory, loses his challenge to the Board of Immigrations Appeals' decision that he is removable and ineligible for cancellation of removal, due to his criminal record, which includes a Virginia conviction for petit larceny, third or subsequent offense; the 4th Circuit says the proffer of an "inconclusive" record of conviction for the petit larceny offense does not satisfy petitioner's burden to prove he has not been convicted of an aggravated felony.

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