Wednesday, August 31, 2011

Congressional Candidate's Partner Faces Deportation

Mike Williams, a Candidate for Congress in Connecticut's 5th Congressional district, is at risk of losing his spouse, Bart Hoedemaker, to deportation.  Bart is Dutch, and is in the United States legally, but his job as a horse trainer ends in September.  Once his employment terminates, so does his immigration status, and he must depart the United States, or he will become subject to the institution of deportation proceedings if he doesn't leave the country.  The couple married in Connecticut, but unfortunately, from an immigration perspective the marriage still isn't worth the paper it is written on.

This is just one more example that despite the Obama administration's statements to the contrary, bi-national couples are excluded from applying for immigration benefits as a result of the restrictions set forth in the Defense of Marriage Act (DOMA).

Click here to read more of this sad but true story.

Tuesday, August 30, 2011

Confirmation: Immigration Detainer on President Obama's Uncle Omar

The Associated Press finally picked up on this story.  I haven't seen anything about it on any of the major networks.  I'm still trying to figure out why this isn't bigger news, especially considering the fact that it comes on the heels of the issuance of the administration's recent policy annoucement.  To my knowledge the President hasn't commented on the story, although the White House has confirmed Unlce Omar's identity as the President's uncle.

In any event, the AP confirms that Uncle Omar is being held without bail and that an immigration detainer has been issued by U.S. Immigration and Customs Enforcement.  Court documents reflect that Uncle Omar is subject to a previous deportation or removal order.

Click here to read the arrest report.

Uncle Omar was mentioned in President Obama's book "Dreams from My Father" as "the uncle who had left for America twenty-five years ago and had never come back." We shall see if the time has come for Uncle Omar to finally go back to Kenya, or if the Administration will use its discretionary authority to stay his removal.

Click here to read the rest of the story.


Monday, August 29, 2011

Obama's "Uncle Omar" Faces Deportation

The Daily Mail of London has reported that Barack Obama's 'Uncle Omar' is being held in police custody allegedly after narrowly avoiding crashing into a police car.  Uncle Omar was allegedly driving under the influence.  Apparently, there is an outstanding order for Uncle Omar's arrest due to the fact that he had already been ordered deported by an immigration judge.  Sounds like another one of those serious offenders that this President has been so adamant to deport.


What I find most curious about this story is that there is barely a mention of it in the U.S. press. So far I've only seen it reported in Australia and the United Kingdom.  Very curious indeed.

I have to wonder if Uncle Omar is a candidate for the favorable exercise of prosecutorial discretion?

Click here to read the full story.

Matthew L. Kolken in the News

Matthew L. Kolken, Esq. is a trial lawyer with experience in all aspects of United States Immigration Law – including deportation defense before Immigration Courts throughout the United States, and appellate practice before the Board of Immigration Appeals, the U.S. District Courts, and U.S. Courts of Appeals. He is admitted to practice in the courts of the State of New York , the United States District Court for the Western District of New York, the United States Court of Appeals for the Second Circuit, and is a member of the American Immigration Lawyers Association (AILA).

Mr. Kolken has appeared on CNN American Morning, has spoken at AILA's annual conference on the issue of grounds of removability, is the author of the Deportation and Removal Blog on, is a member of the advisory board of the Immigration Daily, an online immigration news periodical with more than 35,000 readers, and he is listed as one of the most influential people on Twitter in the area of Immigration Law.

Matthew L. Kolken, Esq. in the news:

Wednesday, August 24, 2011

Obama administration refuses to stop deportation of gay asylum seeker that is engaged to a US citizen

I just received my first response from Office of Chief Counsel regarding a request for a favorable exercise of prosecutorial discretion under the Obama administration's new deportation review policy.

My client is an asylum seeker who has been subjected to multiple instances of past persecution on account of sexual orientation, and fears future persecution if forced to return to his native country.

My client entered the United States legally; maintained lawful status for a number of years; has no adverse criminal history; is highly educated; had previously maintained lawful employment in the United States; and is currently engaged to a United States citizen. Unfortunately, the Obama administration still does not recognize same sex marriages for eligibility for immigration benefits.

I contacted Office of Chief Counsel to inquire whether they would be willing to favorably exercise prosecutorial discretion by moving to dismiss proceedings under the new deportation guidelines.

The answer was no, and that no consideration would be given.

I then asked that if dismissal was not an option if administrative closure would be considered pending a determination on the Attorney General's remand of a deportation case involving an individual in a same sex marriage.

Another flat no.

As I predicted: Business as usual for the Obama administration's deportation machine.