The American Immigration Counsel (AIC) reports that a federal district court issued a highly critical opinion of the U.S. Citizenship and Immigration Services’ (USCIS) handling of a Freedom of Information Act (FOIA) request for records relating to noncitizens’ access to legal counsel. The Court ordered USCIS to turn over records that it previously had refused to give to the AIC. As the AIC reports, most decisions about immigration status are made by government officials outside of the courtroom and, given the importance of such decisions, the AIC believes that it is critical that they be allowed to have their private attorneys with them during complex administrative proceedings. In the past, USCIS has imposed unnecessary restrictions on access to legal counsel. Through its FOIA request, the AIC hopes to shed light on USCIS policies about counsel. The AIC has waited almost a year for USCIS to respond to their FOIA request.

http://www.americanimmigrationcouncil.org/newsroom/release/federal-judge-orders-uscis-release-records-access-counsel

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U.S. Immigration and Customs Enforcement (ICE) reports that Lilia Tabafunda, owner of People's Resource International Services, was indicted recently on immigration fraud charges. Tabafunda allegedly filed more than 100 false visa petitions on behalf of foreigners whom she claimed had been recruited for positions with prominent hospitals and non-profit organizations. She has been charged with nine counts of visa fraud and one count of perjury. In addition, two of the charges involve alleged fraud and false statements related to Tabafunda's own naturalization application. Investigations against Lilia Tabafunda began in 2007 when Homeland Security Investigations (HSI) received a lead from U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Unit that she was filing suspicious H-1B non-immigrant visa petitions. According to court documents, Tabafunda charged her clients anywhere from $2,500 to $10,000 to file visa petitions on their behalf. Most of Tabafunda's clients were Philippine nationals who originally entered the United States on tourist visas.

Tabafunda's arraignment on the indictment was scheduled for November 13th. Tabafunda will face 95 years in a federal prison if convicted of all charges.

https://www.ice.gov/news/releases/1211/121101losangeles.htm

http://www.theeastsiderla.com/2012/11/echo-park-council-member-indicted-on-immigration-fraud/

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The Atlanta Journal Constitution reports that an undocumented immigrant from Mexico is challenging the constitutionality of the state's driver's license law in Georgia. Fernando Castillo-Solis says the law discriminates against undocumented immigrants. According to the law motorists who have lived in Georgia for 30 days or more must get a state-issued license before driving. The problem is that part of the law says motorists can't be convicted of driving without a license if they can later present their licenses in court. Castillo-Solis is arguing that, since undocumented immigrants are not eligible for Georgia licenses, they don't have the same protection. Castillo-Solis' case stems from a 2010 traffic stop in Gwinnett County, where he was charged with driving without a license and failing to register his vehicle. Castillo-Solis, a Mexican citizen who has resided in Georgia for more than 10 years, sought, in a lower court, to get the law thrown out. The court rejected his request and, with his trail still pending, Castillo-Solis is appealing to the Supreme Court of Georgia. The public hearing was scheduled for November 5th and the court is expected to issue its decision by March 30th.

http://www.ajc.com/news/news/georgia-supreme-court-to-hear-illegal-immigrants-d/nSxXB/

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The Associated Press reports that the State Board of Education voted to comply with a judge's decision to strike down rules that require Florida-resident US citizens to pay out-of-state tuition if they are the children of illegal immigrants. U.S. District Judge K. Michael Moore held that charging higher out-of-state tuition for those college and university students violates their equal protection rights.

http://www.tampabay.com/news/education/florida-immigrant-tuition-ruling-wont-be-appealed/1260336

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The Associated Press reports that attorneys have argued how long motorists may be detained on the roadside while police check their immigration status under South Carolina's new law. While it was argued that 38 minutes may be reasonable, 90 minutes violates the 4th Amendment protections against unreasonable search and seizures. The argument came during a hearing before U.S. District Judge Richard Gergel, who is revisiting an injunction he issued a year ago blocking most of the state's tough immigration law from taking effect. Since then, the U.S. Supreme Court has tossed out most of the Arizona law on which South Carolina's statute was modeled. However, the court let stand an aspect of the Arizona law allowing police to check the immigration status of those they pull over for another violation if they are suspected of being in the country illegally. South Carolina's law has a similar provision.

Andre Segura, an attorney representing the American Civil Liberties Union, asked the judge to keep the injunction against that provision in effect, saying it's not at all clear how South Carolina would apply it.

UPDATE: The National Immigration Law Center (NILC) reports that Judge Gergel decided to block key provisions of South Carolina's anti-immigrant law, recognizing that problems could take place if police officers check people's immigration status. The November 15th ruling reaffirms a December 2011 ruling that blocked key sections of the law, including those that aimed to turn unlawful presence into a state crime and to make everyday activities such as giving a ride or renting an apartment to an undocumented immigrant a crime. The district court issued the latest decision in order to ensure that its prior December ruling was in line with the guidance provided by the U.S. Supreme Court in June in the case regarding Arizona's anti-immigration law, SB 1070.

http://www2.wspa.com/news/2012/nov/13/federal-judge-revisiting-sc-immigration-law-ar-4957698/

www.nilc.org/document.html?id=826

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The Denver Post reports that the Transactional Records Access Clearinghouse (TRAC) filed suit this week under the Freedom of Information Act requesting that ICE turn over complete records for hundreds of immigration detention centers across the country. The TRAC filed suit after being denied for more than two years in their attempt to gain information. The material sought includes every date and outcome of every internal investigation of the detention facilities that are administered by ICE. ICE operates or contracts the operation of hundreds of detention facilities across the country and TRAC is seeking documentation, claiming that such a large and scattered system of detention facilities has little oversight. Many of the detainees have no legal representation. ICE spokesman Carl Rusnok said the agency does not comment on matters involving litigation.

http://www.denverpost.com/breakingnews/ci_21853225/ice-sued-not-turning-over-detention-records

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JD Journal reports that the 2nd U.S. Circuit Court of Appeals has ordered that all pending immigration cases at the 2nd Circuit be tolled for 90 days to allow the government and the appellants to decide whether the case is worthy of pursuing. Currently, the 2nd U.S. Circuit Court of Appeals faces a huge overload of cases in which individuals alleged to be undocumented immigrants are challenging their deportations. The written opinion issued by the 2nd Circuit mentions that the court was compelled to adopt the new system because of more than a thousand where the government has yet to decide whether it can or will remove petitioners given the new government stance on deferred deportation. The 2nd Circuit also mentions that in many cases the government is unable to produce the travel documents for foreigners scheduled for deportations, resulting in years of litigation for a low-priority case where the government might have been better off suspending the litigation.

As of September, the New York City Immigration Court had 44,368 pending immigration proceedings.

http://www.jdjournal.com/2012/10/23/2nd-circuit-changes-rules-to-speed-up-immigration-cases/

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The Courthouse News Service reports that the 7th Circuit ruled that a federal judge should review a suspected green card marriage, a ruling which deepens a circuit split over the extent of judicial review in such cases. The marriage case involves Trinidad Kierulf Klene, an immigrant who entered the United States in 1994 and married Carl Klene two years later. When the Department of Homeland Security granted Trinidad her permanent resident status based on marriage in 2001, the couple divorced a year later. In 2006, Klene's citizenship application was denied by U.S. Citizenship and Immigration Services. In response, Klene filed a lawsuit under a statute that authorizes federal judges to independently assess an alien's entitlement to citizenship. While her suit was still pending, ICE initiated removal proceedings against Klene and asked U.S. District Judge James Zagel to dismiss the suit, arguing that removal proceedings denied the court subject-matter jurisdiction. Judge Zagel agreed, citing examples from the 2nd and 5th Circuits.

However, the 7th Circuit disagreed, addressing the four distinct approaches that federal appeals courts have applied. The 7th Circuit rejected the 10th Circuit's reasoning that administrative proceedings trumped judicial proceedings and also diverged from the 4th and 5th Circuits, finding that subject-matter jurisdiction still exists under §1421(c). Chief Judge Frank Easterbrook also challenged the rulings of the 2nd, 6th, and 9th Circuits by determining that the statue does not bar federal judges from providing a remedy in the form of a declaratory judgment of entitlement to citizenship. The ruling brings the 7th Circuit in line with the 3rd, which released its ruling last March in Gonzalez v. Secretary of Homeland Security. The 7th Circuit said Judge Zagel can either rule on the merits of the case or wait for resolution of Klene's removal proceedings.

http://www.courthousenews.com/2012/10/16/51317.htm

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