Wednesday, April 12, 2017
In the category of "Required Reading for Immigration Lawyers Practicing in the Trump Era":
The National Immigration Project has just released a practice advisory authored by Dan Kesslebrenner and Sejal Zota entitled, "Remedies to DHS Enforcement at Courthouses and Other Protected Locations." The advisory suggests that in cases where DHS fails to comply with certain statutory protections under 8 U.S.C. 1229(e), noncitizens may be able to argue that removal proceedings against them should be terminated.
Section 1229(e) reads in whole:
(e) Certification of compliance with restrictions on disclosure
(1) In general
In cases where an enforcement action leading to a removal proceeding was taken against an alien at any of the locations specified in paragraph (2), the Notice to Appear shall include a statement that the provisions of section 1367 of this title have been complied with.