Friday, July 1, 2011

Habeas Victory in NJ: Sylvain v. Holder

“Because the Attorney General did not take Petitioner into custody when he was released from incarceration in approximately 2007 (or earlier), but waited to take him into custody until 2011, Petitioner is not subject to mandatory detention under § 1226(c)(1). Instead, Petitioner's pre-removal-period detention is governed by 8 U.S.C. § 1226(a), which authorizes the Immigration Judge to release him on bond. This Court grants a Writ of Habeas Corpus and directs that an Immigration Judge must provide Petitioner with an individualized bond hearing, pursuant to 8 U.S.C. § 1226(a)(2), within 10 days of the date of the entry of the Order accompanying this Opinion.”

MICHAEL SYLVAIN, Petitioner, v. ERIC HOLDER, 
et al., Respondents.Civil No. 11-3006 (JAP)
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY, 2011 U.S. Dist. LEXIS 69591, June 28, 2011, Decided, June 28, 2011, Filed

Monday, June 20, 2011

Saturday, June 18, 2011

Podcast: A view from Canada

Kevin L. Zemp, Canadian attorney and AILA member and partner at Bennett Jones LLP in Calgary, Alberta, Canada, shared with us interesting news about recent changes to Canadian immigration law.

Courtesy of Bender's Immigration Bulletin - Daily Edition.

Podcast: Angelo at AILA AC, San Diego, June 2011

The always engaging Angelo Paparelli took a few minutes out of his busy AILA conference schedule to share his thoughts with Bender readers/listeners.

Courtesy of Bender's Immigration Bulletin - Daily Edition.

Friday, June 17, 2011

Unpub. BIA suppression victory

Anne Pilsbury writes: "Central American Legal Assistance just got a 100% well-written approval of one of our many suppression cases.  Last week we got one going opposite way.  BIA is really split on this issue."

More decisions at centralamericanlegal.info.


Thursday, June 16, 2011

Remarks by Michael J. Ortiz

Michael J. Ortiz of Los Angeles, Directing Attorney of the Immigration Unit of the Legal Aid Foundation of Los Angeles (LAFLA,) is the recipient of the 10th annual LexisNexis Matthew Bender Tenth Annual Daniel Levy Memorial Award for Outstanding Achievement in Immigration Law.  He gave the following remarks at a reception in his honor in San Diego on June 15, 2011. - Courtesy of Bender's Immigration Bulletin - Daily Edition.

Monday, June 13, 2011

An Open Letter to TX Gov. Rick Perry and the Texas Legislature re S.B. 9

Jesus said, "Be not afraid." Joe Pendleton said, "There's nothing to be afraid of." Real Texans are not afraid of anyone or anything. S.B. 9 is based in fear, fueled by fear and intended to create fear.  Real Texans in the 82nd Leg. should "Just say No" to S.B. 9.  If fearful, fake Texans pass this bill, Gov. Perry - if he's a real Texan - should veto it. - Daniel M. Kowalski, June 13, 2011.