Memphis Immigration Court is not an independent, Article III, court of law. Rather,
it is an administrative law court falling under the jurisdiction of the Office of the Chief Immigration Judge, a component of the Executive Office forImmigration Review under the Department of Justice. The court in Memphis has
jurisdiction over all non-detained removal proceedings originating in Arkansas,
Tennessee and Northern Mississippi. As we're located in Arkansas, the vast majority of our clients facing removal end up in Memphis. Our cases involving detained immigrants will find themselves before
one of the Louisiana courts and we sometimes have clients who find themselves
before the Dallas or Kansas City immigration courts either because they are
placed there by accident or they live in eastern Oklahoma or southwest
Missouri. Regardless, Memphis is the general rule... 80 Monroe Avenue, Memphis, TNPhoto courtesy of Google
As such, it might be helpful to get to know the Memphis Immigration C…
Siniauskas does not look kindly on DWIs... Siniauskas Summarized
This February, the Board published its decision in Matter of Siniauskas, holding:
(1) In deciding whether to set a bond, the IJ should consider the nature and circumstances of the respondent's criminal history, but family and community ties generally do not mitigate the danger he or she poses to society; and
(2) A DWI is a significant adverse consideration in determining whether a respondent is a danger to the community in bond proceedings. Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018).
In other words, having a family to care for and being an overall good citizen should not outweigh an applicant's criminal history and having a DWI is a particularly bad kind of criminal history. Id.
Mr. Siniauskas had been arrested four times for driving under the influence ("DUI"), resulting in three convictions. Id. at 208. He fell into ICE custody following the fourth arrest. Id. Two of the convictions and the f…
Earlier this month I attended a conference out of state. At the start of one of the panels, a question was posed: "if you had to name them, what would you say the three most important qualities are in a good trial attorney?" Then the panelists actually started to call on people to give their lists! I long ago mastered the art of not getting called on and thankfully I had not grown rusty. Still, the question made me think. What do I think the most important qualities in a trial attorney are?
I have to be honest. If I had been called on during that panel, I don't think I would have come up with a very good list. I'm fairly certain I would have had my own Rick Perry moment. I think this is primarily because I would have a hard time distilling all of the great qualities I have seen in other litigators into only three main ideas; especially on the spot. Of course, an ability to think on your feet could be one of those qualities...
The point is that it got me thinking and…