- Jun 2023
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www.ecfr.gov www.ecfr.gov
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§ 1003.36 Record of proceeding. The Immigration Court shall create and control the Record of Proceeding.
Regulation providing that the Immigration Court is responsible for creating and controlling the Record of Proceeding.
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- Jan 2023
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www.justice.gov www.justice.gov
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(b) Motion to Advance — A request to advance a hearing date (move the hearing to an earlier date) should be made by written motion. A motion to advance should completely articulate the reasons for the request. The motion should be filed with a cover page labeled “MOTION TO ADVANCE” and comply with the deadlines and requirements for filing. See Chapter 5.2 (Filing a Motion), Appendix E (Cover Pages).
Immigration Court Practice Manual guidance on Motions to Advance hearing date.
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- Oct 2022
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gothamist.com gothamist.com
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Earlier this year, Police Commissioner James O'Neill admitted that a "theft of services" arrest (the legal code name for turnstile jumping) could in fact lead to an immigrant getting deported. And earlier this month, a series of bills the City Council passed last year encouraging the use of civil summonses instead of arrests for quality of life crimes like public drinking, public urination and littering went into effect.
Excusing criminality in a matter of deference to foreign nationals who are unlawfully present in the United States is perverse. The immigration laws have many provisions by design to ensure that foreign nationals who violate the laws of the United States in certain ways are not allowed to remain and harm the safety of Americans.
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Finally, non-citizens can face potential immigration-related issues as a result of this otherwise-minor charge. Though immigration questions relating to criminal arrests and convictions are very complicated, the Immigration and Naturalization Act does plainly make a non-citizen deportable for a conviction of a crime involving moral turpitude. Moreover, theft of services (Penal Law 165.15) is probably a crime involving moral turpitude, meaning that a non-citizen could conceivably be deported or denied entry back into the United States for a conviction of this charge.
Immigration consequences of fare beating. With that being said, there is no precedent decision on whether theft of public services under NYPL 165.15(3) is a categorical CIMT, and both Second and Third Circuit left the matter unresolved in non-precedent decisions. BIA has found in at least two non-precedent decisions that it is a CIMT. Does not appear to come up often in the context of removal charges.
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www.gothamgazette.com www.gothamgazette.com
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nd another population that both our mayor and governor have spoken passionately about protecting would stand to suffer greatly as a result of a new enforcement policy: immigrants. Immigrants who have even minor contact with the criminal justice system face far more drastic consequences. Under the Trump administration, an arrest for jumping a turnstile or even a criminal summons could result in deportation, family separation, and destroyed lives.
If a foreign national who is in the United States without legal authorization does something stupid and is required to appear in Court as a result, he or she may be more likely to come to the attention of immigration authorities. As an initial matter, the solution is to not violate the immigration laws of the United States. However, if one chooses to violate the immigration laws, he or she ought to avoid doing things like jumping turnstyles. Many Americans likely avoid taking certain liberties that they do in the United States when they are traveling in foreign countries.
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