ICE immigration attorney accused of forging documents in effort to deport man, lawsuit says

 

SEATTLE — A U.S. Immigration and Customs Enforcement attorney forged a document in an attempt to deport an immigrant seeking to stay in the country with his wife and children, according to a new lawsuit.
 
The lawsuit, filed Thursday in a Seattle U.S. District Court, seeks $500,000 in damages for Ignacio Lanuza-Torres because the alleged forgery cost him years of courtroom battles. Lanuza-Torres is now a legal U.S. resident.
 
According to the lawsuit, Lanuza-Torres entered the country illegally from Mexico in 1996, settling in Seattle thereafter. In 2008, he pleaded guilty to unlawfully displaying a weapon after handling a friend's pistol at a party, and he was put in removal proceedings by ICE.
 
The following year, Lanuza-Torres married his girlfriend, an American citizen, and sought to have his removal canceled because of the marriage and because he had also met the stipulation of being in the country continuously for 10 years.
 
But in court, ICE assistant chief counsel Jonathan M. Love said Lanuza-Torres had voluntarily given up his right to appear before an immigration judge after he was apprehended by Border Patrol agents in 2000.
 
The government argued that because Lanuza-Torres had left the U.S. to visit Mexico about five times and because he gave up his right to appear before a judge, his appeal to cancel his removal should be rejected.
 
In Border Patrol custody, Love said, Lanuza-Torres had signed a document declining to appear before an immigration judge to argue his case. The document provided evidence that Lanuza-Torres had not been in the country continuously for 10 years. Love entered the document as evidence a week after making his statement in court.
 
Immigration Judge Kenneth Josephson accepted the form as evidence and ordered Lanuza-Torres deported.
 
As Lanuza-Torres appealed, his attorney at the time, Hilary Han, noticed something off about the evidence.
 
The form Love submitted had a Department of Homeland Security header, even though it was dated Jan. 13, 2000 — nearly 20 months before the department was created in response to the Sept. 11 attacks. The form also had the signature of ICE officer Anthony Dodd, who processed Lanuza in Seattle in 2008. The form was supposed to date to 2000 and originate from the U.S.-Mexico border.
 
"You're left in shock. You don't know why he did it. You don't know what he had against me or what happened," Lanuza-Torres said in Spanish, adding "besides getting angry, you get sad. It feels like I was stabbed in the back."
 
Here is "someone who blatantly forged a document in order to deprive someone of their only chance to stay here in the United States with their family, deprive them of their only chance to exercise their rights under the law," said Matt Adams, an attorney with the Northwest Immigrant Rights Project and Lanuza-Torres' current attorney.
 
ICE spokesman Andrew Munoz said an internal review has been launched.
 
"Any unlawful conduct by U.S. Immigration and Customs Enforcement's (ICE) employees is inconsistent with our agency values and the high standards to which we hold our employees. We take all allegations of misconduct seriously," Munoz said, declining to comment further because of the pending lawsuit.
 
Reached by phone Thursday, Love said he was not aware of the lawsuit. Asked if he remembered the Lanuza-Torres case, he said he did not.
 
Besides seeking damages, Adams has filed complaints with the Homeland Security inspector general, urging a review of all cases Love handled.
 
-- The Associated Press

Obama: I’ll take executive action on immigration between the midterms and end of the year


 

October 2 at 10:49 PM

President Obama said Thursday night that he would take executive action on immigration sometime between the midterm elections and the end of the year.

Speaking before the Congressional Hispanic Caucus Institute Gala, Obama said he shares the frustration of many in the room upset that immigration reform remains stalled. Obama was accompanied to the gala by two congressional interns who are DREAMers -- young unauthorized immigrants who entered the United States before the age of 16.

"But if anybody wants to know where my heart is or whether I want to have this fight, let me put those questions to rest right now.  I am not going to give up this fight until it gets done," Obama said. "I know the pain of families torn apart because we live with a system that’s broken."

Obama laid blame squarely at the feet of congressional Republicans, who he said exploited a crisis of undocumented children at the southern border for political gain this summer and refuse to act with the president on immigration reform. However, he said, he ultimately needs Congress to pass an immigration law, because anything he does by executive action can be reversed by the next president.

"So the point I want to make is the progress we’ve made has been hard, sometimes it's been slower than we want, but that progress has been steady and it has been real," he said. "I want to make something clear:  Fixing our broken immigration system is one more, big thing that we have to do and that we will do."

Now, Obama said, he will also use immigration as a political tool -- by explaining immigration reform is a boon for the economy.

"And when opponents are out there saying who knows what, I'm going to need you to have my back," he said.

Part of that, Obama said, is getting out in November and voting. Only 48 percent of voters turned out to vote in 2012, he said.

"So the clearest path to change is to change that number.  Si, se puede … si votamos.  Yes we can … if we vote.," he said.

 And Obama said he needs them to continue to believe in him.

"And six years ago, I asked you to believe.  And tonight, I ask you to keep believing -- not just in my ability to bring about change, but in your ability to bring about change," he said. 

 

 

 

 

Money Allocated for Immigration Lawyers [for Unaccompanied Children]





The Department of Health and Human Services announced Tuesday that it would provide $9 million over two years for lawyers to represent unaccompanied minors in their deportation cases in immigration courts. The program, which will assist about 2,600 youths, is the first time the department has directly funded lawyers for those minors. In the 2014 fiscal year ending Tuesday, the department took custody of about 58,100 unaccompanied children caught at the border, officials said, more than double the number in 2013 but far fewer than estimates of 90,000 during a surge in South Texas in June.

See the entire article here.

136 Leading Experts on Immigration Law Agree: President Has Legal Authority to Expand Relief to Immigrants



For Immediate Release

136 Leading Experts on Immigration Law Agree:
President Has Legal Authority to Expand Relief to Immigrants

September 3, 2014 

Washington D.C. —U.S. law professors sent a letter today to the White House stating that President Obama has wide legal authority to make needed changes to immigration enforcement policy. The president is considering how to use his authority to mitigate the damage caused by our dysfunctional immigration system and protect certain individuals from deportation.

The letter was written by Stephen H. Legomsky, John S. Lehmann University Professor at Washington University School of Law and former U.S. Citizenship and Immigration Services (USCIS) Chief Counsel; Hiroshi Motomura, Susan Westerberg Prager Professor at UCLA School of Law; and Shoba Sivaprasad Wadhia, Samuel Weiss Faculty Scholar at Penn State Law. It was signed by professors from 32 states, the District of Columbia, and Puerto Rico.

“As part of the administration’s legal team that ironed out the details of DACA, I can personally attest that we took pains to make sure the program meticulously satisfied every conceivable legal requirement,” said Legomsky. “In this letter, 136 law professors who specialize in immigration reach the same conclusion and explain why similar programs would be equally lawful.” (DACA is the acronym for Deferred Action for Childhood Arrivals, the program the president initiated in June 2012.)

In their letter, the law professors point out that “The administration has the legal authority to use prosecutorial discretion as a tool for managing resources and protecting individuals residing in and contributing to the United States in meaningful ways.” The letter goes on to explain that presidents from both parties have used prosecutorial discretion to prevent specific, and often large, groups of immigrants from being deported.

“Our letter confirms that the administration has specific legal authority to use prosecutorial discretion as a tool for protecting an individual or group from deportation,” said Wadhia. “This legal authority served as foundation for prosecutorial discretion policy across several administrations. Historically, this policy has been premised on the twin policy goals of managing limited resources and shielding people with compelling situations from removal.”  


This is the second major letter about prosecutorial discretion that law professors have sent to President Obama. The first letter, sent in 2012, outlined the legal argument for expanded administrative relief, which later became the blueprint for the president’s DACA program. That program allows qualifying noncitizens who came to the United States as children to apply for relief from deportation and work authorization.

“This letter reflects a clear, broad, and informed consensus on two key points,” said Motomura. “First, the president has the legal authority, exercising his discretion as the nation’s top immigration prosecutor, to establish enforcement priorities. Second, the president’s lawful discretion includes the authority to set up an orderly system, modeled on DACA, for granting temporary relief from deportation.”

A copy of the letter is available at pennstatelaw.psu.edu/lawprofessorletter.

The National Immigration Law Center and the American Immigration Council  helped to distribute the White House letter. Recently, the American Immigration Council also released a report by Professor Motomura, “The President’s Discretion, Immigration Enforcement, and the Rule of Law,” which provides further legal and historical background on this issue.

To learn more about how President Obama can restore order to our dysfunctional immigration system, visit NILC’s Administrative Relief & Prosecutorial Discretion webpage.

# # #

For more information, contact Wendy Feliz at wfeliz@immcouncil.org or 202-507-7524



The American Immigration Council is a 501(c)(3) dedicated to making sure our immigration laws are enacted and implemented in a way that honors fundamental constitutional and human rights. The Council stands up for sensible and humane immigration policies that reflect American values and fights to achieve justice and fairness for immigrants under the law.

Immigration News Clips – August 28, 2014



Daily Immigration News Clips – August 28, 2014

NATIONAL

Fox News Latino:

Associated Press:

Washington Post:

Washington Post:

USA Today:

Boston Herald:

Reuters:

New York Times:
Immigration Clash Could Lead to Shutdown
By Michael D. Shear and Julie Hirschfeld Davis

Des Moines Register:

NPR:

Atlantic:

The Hill:

Roll Call:

Politico:

New Republic:

New Republic:

Washington Examiner:

CBS News:

The Hill:

MSNBC:

Wall Street Journal:

Washington Post:

U.S. News & World Report:

Tampa Bay Times:

Associated Press:

Nation:

New York Times:
9 Mexicans Can Return to Contest Deportations
By Jennifer Medina and Julia Preston

NPR:

Associated Press:

NBC News:

National Journal:

Wall Street Journal (Opinion):

New York Magazine (Daily Intelligencer):

Washington Post (Opinion):

Roll Call (Opinion):

Huffington Post (Blog):

Huffington Post (Blog):

La Opinión (Editorial):

LA Times: U.S. to Allow Some Immigrant Deportees to Return Under Settlement



LA Times: U.S. to Allow Some Immigrant Deportees to Return Under Settlement 

The Los Angeles Times reports on a settlement agreement in an ACLU lawsuit alleging that federal agents use intimidation, threats, and misinformation to persuade undocumented immigrants to agree to voluntary departure. In the settlement, federal officials did not admit any wrongdoing but agreed not to use threats and intimidation against immigrants facing possible deportation, and will allow some (perhaps thousands) with ties to Southern California to return.


If you or someone you know departed the United States because of intimidation, threats, or misinformation from federal immigration officials, you may be able to return to the United States and appear before an immigration judge.

If you think this applies to you or someone you know, please contact an immigration attorney for additional information. Our office will provide a brief free consultation for anyone who believes they may have been affected by this settlement.

Arnold S. Jaffe
Kraig W. Rice
Attorneys at Law

330 E. Carrillo Street
Santa Barbara, CA 93101
(805) 897-0066

arno@arnolaw.com

The President’s Discretion, Immigration Enforcement, and the Rule of Law


 




For Immediate Release

The President’s Discretion, Immigration Enforcement, and the Rule of Law

August 26, 2014

Washington D.C. - Today, the American Immigration Council releases The President’s Discretion, Immigration Enforcement, and the Rule of Law by Hiroshi Motomura, a Professor of Law at UCLA.

Professor Motomura’s paper discusses the President’s broad legal authority to make a significant number of unauthorized migrants eligible for temporary relief from deportation. He makes clear that the President has broad prosecutorial discretion as to setting enforcement priorities, given our current enforcement system in which all 11 million unauthorized immigrants could not practically be deported. Moreover, Motomura shows that providing a system for applying prosecutorial discretion—with formal criteria and a process—is more consistent with the rule of law. Doing so makes discretionary enforcement decisions more uniform and predictable, and forestalls individual agent’s actions based on discrimination or race. The paper rebuts critics that have accused President Obama of overstepping his authority as he considers measures to defer the deportation of millions of families. 

To read the paper in its entirety, see:

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