Archives for November 2011

I Was a Guest Speaker at the AILA Federal Court Litigation Section Meeting

November 24, 2011 by Matthew

The American Immigration Lawyers Association (“AILA”) has a Federal Court Litigation section for members that specialize in federal litigation. AILA’s Federal Court Litigation section had a teleconference for its members on November 17, 2011. I was invited to speak about litigation issues regarding waivers pursuant to INA § 212(c). A waiver pursuant to INA § 212(c) can be used to allow a lawful permanent resident with a conviction to remain in the United States.

Because I have litigated cases like Blake v. Carbone, 489 F.3d 88 (2d Cir. 2007) and Restrepo v. McElroy, 369 F.3d 627 (2d Cir. 2004), many attorneys consider me to be an expert on 212(c) relief. Normally, when I speak at continuing legal education courses, I’m in the same room as the people that I’m speaking to. It was kind of interesting to be able to sit in my office in New York and be able to speak to other immigration attorneys from all over the country.

Sad Effects of U.S. Immigration Policies on Children

November 16, 2011 by Matthew

The Applied Research Center has issued a report called Shattered Families that details the impact that rigorous enforcement of America’s immigration laws have had on the children of noncitizens in the United States illegally. The report explains how thousands of children are now in foster care because their parents have either been deported or are in an immigration detention facility. Many of these children were actually born in this country and are United States citizens.

While President Obama is considered to be a “liberal” president who ran on a platform that he was pro-immigration, his administration has set records for most deportations. A lot of people who call for tough enforcement of immigration laws do not realize that when you deport someone, it does not just impact that person, but their entire family. This report shows what happens to innocent children when their parents are deported. It’s very sad.

AILA Amicus Brief Filed in Second Circuit

November 16, 2011 by Matthew

On October 26, 2011, I was part of a team of lawyers from the American Immigration Lawyers Association (“AILA”) that submitted an amicus curiae brief to the U.S. Court of Appeals in Pierre v. Holder, Dkt. No. 10-2131-ag (2d Cir.). There is an immigration law that permits a permanent resident child born out of wedlock to become a United States citizen, if the child’s mother becomes a United States citizen before the child’s eighteenth birthday.

The same immigration law does not have any means for a child born out of wedlock to become a United States citizen through his or her father. Mr. Pierre is challenging this immigration law as violating his right to due process because the law discriminates against children born out of wedlock who were raised by his or her father. AILA’s brief supports Mr. Pierre.