Wednesday, March 17, 2010

Ninth Circuit Opening Brief on CAT Claim

Finish my initial draft on a Deferral of Removal Claim under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment. Because our client had a prior criminal conviction that fell under the definition of an aggravated felony, the only potential relief available was under CAT.

What is interesting about the facts in this case is that had he been a citizen of any other country in the world, he would have been granted relief. Because he is from Mexico, the IJ and the BIA both held that he could safely relocate inside of Mexico.

In their decision, the BIA cited the 9th Circuit Case of Lemus-Galvan v. Holder, 518 F.3d 1081 (9th Cir. 2009) for the proposition that an applicant for relief under CAT must "establish that internal relocation within Mexico was impossible.

My argument is that this impermissibly shifts the burden of proof from the more likely than not standard to this unattainable impossibility standard.

The brief is due in the court next Monday. Keep your posted.

Monday, March 8, 2010

Immigration Arrests on the Rise


Sheriff’s Patrol Deputies Arrest Eight More Illegal Aliens on State Human Smuggling Charges

Maricopa County, AZ. - Maricopa County Sheriff’s Office patrol deputies made eight more arrests on state felony human smuggling charges again last night. Human smuggling arrests by patrol deputies are on the rise since Sheriff Joe Arpaio recently initiated a program to provide all 900 sworn deputies training on the detection and arrest of illegal aliens.

Deputies have arrested 77 illegal aliens this past week in the act of human smuggling and Sheriff Arpaio said that this is good reason for another crime suppression/ illegal immigration operation to he conducted within the next two weeks.

The 77 arrests were the result of four traffic stops and one drop house discovered by deputies earlier this week.

The Sheriff’s new training program was initiated after Washington made the decision recently to strip 100 deputies of their authority to act as federal immigration agents.

Sheriff Arpaio stated that despite new interest by the Obama Administration and activist groups on the illegal immigration problem, he will not be deterred and will continue enforcing immigration laws.

Since state human smuggling laws were enacted, the Maricopa County Sheriff’s Office has arrested and booked over 1,900 illegal aliens on felony human smuggling charges. The sheriff’s office continues to be the only law enforcement agency enforcing all aspects of state human smuggling laws.

Source: Maricopa County Sheriff’s Office