My Blog — Page 28

Plight of NY Jet Shows the Importance of Naturalizing

May 16, 2012 by Matthew

Last year, the NY Jets drafted defensive lineman Kenrick Ellis in the third round of the NFL Draft. This was a risky move on the part of the NJ Jets because Kenrick Ellis is facing felony assault charges in Virginia. According to news reports, Kenrick Ellis is not a U.S. Citizen, but a lawful permanent resident or green card holder. If Mr. Ellis is convicted and sentenced to a year or more in prison, he will be classified under the immigration laws as an aggravated felon. As an aggravated felon, he will be subject to removal proceedings and the only relief from removal that he could request would be relief under the Convention Against Torture. He would not be able to ask the Immigration Judge to let him stay based upon hardship to himself or his family. According to news reports, Mr. Ellis has been in the United States since he was eleven years old. Mr. Ellis’ immigration problem could have been avoided, if he had simply applied for naturalization when he was eighteen years old. Sadly, too many people like Mr. Ellis put off applying for naturalization. For most people who put off filing for naturalization, it is not a problem. However, for people who get into trouble with the law, it is a serious problem. The only sure way for a green card holder to protect themselves from deportation is to become a citizen. Most people think: I’ll never get into trouble, so I don’t need to naturalize. However, many times people get into trouble without looking for trouble; it just finds them. This appears to be what happened to Kenrick Ellis. If Kenrick Ellis were a U.S. citizen and he were convicted, he could resume his NFL career after he finishes his prison sentence. However, because Kenrick Ellis is not a U.S. citizen, if he is convicted, he will likely be deported and his NFL career will be over.

I Spoke at the NY AILA Chapter’s CLE Presentation on Crimmigration

April 26, 2012 by Matthew

Yesterday, I was on a panel of lawyers that spoke at a Continuing Legal Education (CLE) presentation for the NY Chapter of the American Immigration Lawyers Association (AILA). The presentation was called “Crimmigration – Both Sides Now.” Crimmigration is an area of immigration law that involves representing non-citizens with criminal history. I spoke the things an immigration attorney should discuss with a criminal lawyer when trying to figure out the possible immigration consequence of a plea offer. I also discussed how an immigration lawyer should work with a criminal lawyer, when a non-citizen has a conviction that needs to be vacated. Because I have done so much work with non-citizens with criminal history during my career as an immigration attorney, the NY Chapter of AILA invited me to speak on this subject.

Supreme Court Takes Case with Issue I Litigated in 2008

April 5, 2012 by Matthew

Earlier this week, the U.S. Supreme Court granted a petition for a writ of certiorari in Moncrieffe v. Holder, Dkt. No. 11-702. A request for the U.S. Supreme Court to take a case is done by filing a petition for a writ of certiorari. This is an appeal of a decision of the U.S. Court of Appeals for the Fifth Circuit. The Fifth Circuit held that a state statute that defined the sale of marijuana to include giving away marijuana without remuneration constituted a drug trafficking crime. Under the Immigration and Nationality Act, a drug trafficking crime is classified as an aggravated felony. In immigration law, there is virtually no relief from being classified as an aggravated felon. Most individuals who are classified as aggravated felons in their removal proceeding are deported. There is a split among the U.S. Court of Appeals as to whether a state statutes that defines “sale” as giving marijuana away without remuneration constitutes a drug trafficking crime that can be classified as an aggravated felony. The First, Sixth and now Fifth Circuits say that it is. The Second and Third Circuits say that it is not. The Second Circuit case is Martinez v. Mukasey, 551 F.3d 113 (2d Cir. 2008). I argued Martinez v. Mukasey in the Second Circuit.

It’s been a dream of mine to argue before the U.S. Supreme Court. It is a bit frustrating for me to see the Supreme Court accept a writ of certiorari on a case with an issue that I litigated. Sadly, the Government did not seek a writ of certiorari in Martinez. A similar thing happened to me last year, when the Supreme Court accepted a writ of certiorari in Judulang v. Holder, 132 S. Ct. 476 (2011). Judulang involved the same issue as a case I had litigated in the Second Circuit, Blake v. Carbone, 489 F.3d 88 (2d Cir. 2008). At least, I can take comfort in the thought that I am on the cutting edge of immigration litigation.