This page contains links and other information concerning the Border Issues seminar presented to the Criminal Lawyer’s Association in Toronto, Ontario in October of 2016. While nothing on the page is a secret, the materials are probably not of much use for non-attendees.
Absolute Discharges As a Conviction Under the US INA:
- Legislative Summary, Bill C-37: Increasing Offender’s Accountability for Victim’s Act;
- Matter of Arturo Cabrera, 24 I&N Dec. 459 (BIA 2008) (an order to pay court costs can be punishment for purposes of US INA);
- 1993 INS Legacy Memos on CIMTs, Absolute Discharges, Conditional Discharges;
- R v. Behre (mandatory fines under Sec. 737/C-37);
- Justice Minister Expected to Reveal Changes to Victim’s Surcharge This Week (City News, Oct. 2016);
Crimes Involving Moral Turpitude:
- List of Crimes Constituting Crimes Involving Moral Turpitude (Patrick McDermott, Former Regional Counsel and Judith Peterson Regional Counsel, US-CIS, 2004);
- Frost Memo on Techniques to Extract Admissions to CIMTs;
- AILA Memo on UK Cautions.
Petty Offence Exception:
- FAMM on Petty Offence Exception;
- Unpublished Administrative Appeals Office Accepting Foreign Penalty Rule;
- Statutory Maximum Controls for Petty Offence Exception;
Categorical Approach
-
How to Use the Categorical Approach Now (Immigrant’s Legal Recourse Center, 2014);
Attorney General Holder Issues Order that Should Give Defense Lawyers Better Ability to Limit the Immigration Consequences of Guilty Pleas to Certain Charges (National Immigration Project, 2015);
In the Matter of Silva-Trevino (BIA, 2016);
Expedited Removal
- Expedited Removal Statute, 8 U.S.C. Sec. 1235.3;
- In the Matter of Tin (BIA 1973) (outlying the standards for permissions to reapply);
- In the Matter of Lee (Comm, 1978) (BIA decision with nice humanitarian tone on application standards);
- Smith v CBP (9th Cir. 2014) (there is very limited review of expedited removal and suggesting that Canadians may be exempt from expedited removal);
- Expedited Removal Process, U.S. Department of Justice;
- Ex-US Officer’s Border Bans to be Reviewed, CBC News, September 2011.
- American Immigration Council, Removal Without Record: The Growth of Summary Deportations from the United States;
Waivers:
- In the Matter of Hranka (BIA, 1978) (standard for 212(b)(3) non-immigrant waivers);
- In the Matter of Tin (BIA 1973) (outlying the standards for permissions to reapply);
- Draft USCIS Manual Outlining the Extreme Hardship Standard for Immigrant Track Visas;
- US-CBP Checklist for I-192 Waiver Applications;
- In the Matter of X . Unpublished ruling discussing what constitutes a crime of violence for purposes of a 212(h) waiver.
Information Sharing:
- Agreement Between Canada and the US for the Sharing of Immigration Information;
- United States-Canada: Beyond the Border, a Shared Vision for Perimeter Security;
- Ontario Privacy Commissioner, Crossing the Line: The Indiscriminate Disclosure of Attempted Suicide Information to US Border Officials
OWI:
- State Department Cable on Health Evaluations for Drunk Driving;
- US Panel Physicians in Canada (last page);
Searches and Seizures at the Border (Into USA):
- How to Secure Your Laptop at the Border (CBA, 2012);
- Abidor Case File on Border Searches of Laptops (via NY ACLU);
- US Customs & Border Protection Policy Statement on Search of Electric Devices;
- US Customs & Border Protection “Tear Sheet” on Electronic Searches;
- Digital Searches at the Border After Riley v California.
Searches and Seizures at the Border (Into Canada):
- R v Money, [1999] 1 SCR 652, 1999 CanLII 678 (SCC) (privacy rights at the border);
- R. v. Bares, 2008 CanLII 9367 (ON SC) (reduced privacy rights in computer discs at the border);
- US/Canada Blog, Authority of the CBSA to Search Electronic Devices;
- Office Privacy Commissioner, Your Privacy at Airports and Borders;
- BC Civil Liberties Association, Electronic Devices Privacy Handbook : A Guide to Your Rights (note 2012 copyright);
- Alain Phillipon Pleads Guilty Over Smartphone Password Border Dispute;
Humanitarian Parole Authority:
- 2004 US CBP Policy Directive;
- 2008 Memo on Parole Authority;
Marijuana Exclusions from the US:
- Statutory Basis for Exclusion, 8 USC 237(B)(i) & (ii)
- In the Matter of Brewster Brewster (BIA 1975) (holding Canadians are not excludable under former INA 212(a)(27) for possession of a small amount of marijuana);
- All Points Bulletin, Anatomy of an Exclusion: How It Happens;
- CBC, Banning Canadians for Life for Smoking Pot is Ludicrous Says Gooddale;
- All Points Bulletin, US Border Cracking Down on Past Pot Usage;
Aboriginal Issues
- Mitchell v MNR, [2001] 1 SCR 911 (Jay Treaty aboriginals are not exempt from duty)
- Native American Free Passage Rights Under the 1794 Jay Treaty: Survival of US Statutory Law and Canadian Common Law (student note);
- Border Crossing Rights Under Jay Treaty (Aboriginal Legal Services);
Co-Presenters:
Misc.
- CBC, Border security: hundreds detained in 1st month of new screening measure;
- Wakeling v. United States, 2014 SCC 72 (not a charter violation to share lawfully intercepted information with the United States);
- Fundamentals of US Immigration Law, (US Department of Justice, 2016). The author is a retired immigration judge. The revision editor is a staff attorney at the Board of Immigration Appeals.
- US-CBP Field Inspector’s Manual. This manual has been retired but has good insights into the working of US Customs;
- Text of US Immigration and Nationality Act;
- Summary of How US TECS Database works;