Archive for January, 2005

U.S.-Mexico Border Travel Warning

January 28, 2005

The State Department issued a travel warning to all American citizens traveling to Mexico warning them of increased violence in the U.S.-Mexico border area. In the past months, more than 20 Americans have been kidnapped. The Mexican government is not happy about the public announcement and says it is an unfair travel warning.

Chinese Terrorist Threat Believed To Be A Hoax

January 25, 2005

Last week the San Diego authorities received an uncorroborated tip that Chinese chemists were en route to Boston to detonate a dirty bomb. Two Mexican smugglers are now saying that the false alarm was “longer than a toluca sausage” or a tall tale.

Gender Asylum Still Unclear

January 24, 2005

The Attorney General remanded a landmark Guatemalan battered immigrant woman’s case to the Board of Immigration Appeals to allow the Justice and Department of Homeland Security to issue new rules regarding gender-based asylum claims, such as domestic violence, female genital mutiliation and honor killings . The Center for Gender and Refugee Studies at U.C. Hastings who has represented the battered immigrant woman issued a press release, here.

Asa Hutchinson Resigning

January 24, 2005

The AP news is reporting that Under Secretary for Border & Transportation Security Asa Hutchinson has submitted his letter of resignation.

No”Family Member” Smuggling Waiver Allowed for Future Husband

January 20, 2005

The Ninth Circuit in Moran v. Ashcroft ruled that a Mexican national who encouraged his wife and son to enter the U.S. was not eligible for the “family member” smuggling waiver under the Immigration and Nationality Act because he was not married to his wife at the time he smuggled her into the U.S.

Circuit Judge Betty Fletcher writes in her concurring opinion: “This case is but one example of the harsh effects and unintended consequences current immigration laws visit upon immigrant families. Punishing Martin Moran for endeavoring to bring his family together could hardly be more antithetical to Congress’s stated goal of promoting family unification in immigration law. To say that Moran’s efforts to be with his son and his son’s mother reflect a lack of “good moral character” grossly distorts the meaning of that term, and is with a heavy heart that I apply this statutory classification today. That the denial of Moran’s petition is required by the law does not make this result – or this law – just.”

Visa Extensions For Chinese Visitors

January 20, 2005

The U.S. Department of State announced that eligible Chinese B1, B2 visitors will be issued visas that are valid for 12 months and multiple entries.

Anonymous Smuggler Says Chinese Chemists to Buy Nuclear Material

January 20, 2005

Federal authorities are investigating an uncorroborated tip from an alleged smuggler who claims he brought several Chinese chemists through the San Diego border who plan to detonate a dirty bomb in Boston. The anonymous caller failed to appear for a meeting with the authorities which has called into question his credibility. The San Diego authorities are searching for an Imperial County tunnel identified by the smuggler.

Smuggling Activity Through Windsor, Ontario

January 18, 2005

A legal resident of Canada has been arrested for allegedly smuggling Chinese nationals through the underwater train tunnel that connects Windsor, Ontario and Detroit. Generally, Canadians are exempt from the visa requirements to enter the U.S. and are usually admitted with a Canadian passport. However, in the post-9/11 world some believe the regulations as they pertain to Canadians will change as more and more individuals continue to abuse the U.S. immigration laws.

Is Mexico Part of the Solution to Illegal Immigration?

January 15, 2005

The Economist reports that many Mexican immigrants are now wondering whether Mexico should be part of the solution to border insecurity. Historically, Mexico has viewed illegal immigration as the U.S. problem and has neglected to take responsibility for the illegal crossings.

Immigration Bond Hearings

January 12, 2005

Here are my thoughts on separating bond hearings from removal proceedings.