Immigration and Criminal Law / Detainees Archives - Page 3 of 8

28 06, 2018

New Supreme Court Ruling Opens Door to More Options in Fighting Deportation

By Richard Hanus|2020-05-01T16:36:26-05:00June 28th, 2018|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 28, 2018 In their recent ruling in Pereira V. Sessions, the U.S. Supreme Court significantly widened opportunities for certain lawful residents AND undocumented individuals to fight their deportation – also known as removal proceedings. At issue are avenues of relief known as “Cancellation of Removal for Nonpermanent Residents” (undocumented) and “Cancellation of Removal for Lawful Permanent Residents” (green card holders) and the amount of time in the U.S. the foreign national is required to demonstrate in order to qualify for these defenses. For starters, both undocumented individuals as well as green card holders can be placed in removal […]

29 05, 2018

New Rules Impacting Immigration Judges and Removal Proceedings

By Richard Hanus|2020-05-01T16:38:52-05:00May 29th, 2018|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published May 29, 2018 In recent weeks the Attorney General of the United States, Jeff Sessions, issued a directive limiting the powers of immigration judges to “administratively close” or otherwise delay final decision-making for the cases of individuals facing removal from the U.S. due to their undocumented status. Instead, as ordered by Sessions, the judges are required, without delay, to issue decisions on all cases, no matter how sympathetic the individual’s circumstances might be or how clean their criminal record is. The most common use of administrative closure involves cases of individuals who are living in the U.S. in violation of our […]

24 04, 2018

Supreme Court: “Crime of Violence” Basis to Deport is Too Vague

By Richard Hanus|2020-05-01T16:43:48-05:00April 24th, 2018|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published April 24, 2018 Last week, the U.S. Supreme Court, in a 5 to 4 decision struck down a significant portion of a federal statute exposing foreign nationals to deportation on the basis of having committed a “crime of violence”. The court ruled it incorporates too vague a definition and therefore violates the Due Process clause of the U.S. Constitution’s Fifth Amendment. The case – Sessions v. Dimaya – involves the reversal of a deportation order against a long time U.S. lawful resident from the Philippines who in 2007 and 2009 was convicted of residential burglary in California. A “crime of violence” basis […]

9 04, 2018

Massive ICE Raid in Tennessee

By Richard Hanus|2020-05-01T16:47:07-05:00April 9th, 2018|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published April 9, 2018 In the past week, Immigration and Customs Enforcement (ICE) agents executed one of with filing cabinets, computers and other equipment seized during the operation. The criminal complaints filed allege that the company schemed to employ large numbers of undocumented workers and underpay federal payroll taxes over a 3 year period in the amount of $2.5 million. Apparently tipped off by the plant’s bank, Citizens Bank, it came to ICE’s attention that large amounts of cash were regularly being withdrawn by company officials and used to pay the wages of plant workers, many of whom allegedly had no lawful immigration […]

22 03, 2018

U.S. Supreme Court to Review Mandatory Detention Provisions for Certain Criminal Immigrants

By Richard Hanus|2020-05-01T16:48:54-05:00March 22nd, 2018|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published March 22, 2018 Federal law currently sets forth conditions under which certain non-U.S. citizens with more serious criminal records must be detained without bond while they defend against removal proceedings. In interpreting this law, two recent federal court of appeals decisions found that only those convicted immigrants apprehended by Department of Homeland Security/ICE immediately after being released from criminal custody may be detained without bond hearings. When not subject to mandatory detention provisions, the non-U.S. citizen with a criminal conviction who is defending against removal may be eligible for release on bond, assuming they are not a flight risk or […]

21 02, 2018

The Bad Lawyer and the Fake Lawyer

By Richard Hanus|2020-05-01T16:57:14-05:00February 21st, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published February 21, 2018 In my 25+ years as an immigration lawyer, I have seen many versions of both the bad lawyer and the fake lawyer. Each is poisonous in that they erode trust in the legal profession and in humankind in general – not to mention the brazen acts of robbery they commit as they carry out their scams. In today’s political environment, where those vulnerable to deportation, or just having to access our immigration system, are more fearful than ever, the damage the bad or fake lawyer can do is immense. Below are two recent examples, with one […]

12 12, 2017

Recent Immigration and Customs Enforcement (ICE) Operations

By Richard Hanus|2020-05-01T17:19:08-05:00December 12th, 2017|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published December 12, 2017 Consistent with policies of previous administrations, U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division has been focusing their enforcement operations arresting noncitizens with criminal convictions, or previous deportation orders. Below are highlights of ICE operations in New Jersey and Michigan as featured in recent DHS press releases: Earlier this month, ICE in New Jersey carried out a 5 day operation and arrested 101 non-U.S. citizens – ranging in age from 20 to 71 years of age – many of whom illegally reentered the U.S. following a previous deportation order, failed to depart pursuant […]

15 11, 2017

Beware Immigrants: Automatic Voter Registration

By Richard Hanus|2020-05-01T17:25:53-05:00November 15th, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Published November 15, 2017 On the topic of well-intended laws and unintended consequences, one of the first things that come to my mind is the law requiring local Department of Motor Vehicle facilities to ask all driver’s license applicants if they would like to register to vote. In theory, the National Voter Registration Act of 1993, or “motor voter” is a beautiful law – where prospective voters, many of whom would otherwise not go out of their way to register, are solicited and provided a convenient avenue to register to vote and have a voice in our electoral process. However, the […]

19 10, 2017

Trump Administration Looks to Impose Quotas on Immigration Judges

By Richard Hanus|2020-05-01T17:34:31-05:00October 19th, 2017|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published Ocotber 19, 2017 Without question, immigration law enforcement in the U.S. has been on the rise since the election of President Trump. Heightened immigration enforcement was one of the big promises that helped propel Trump into office after successive administrations on both sides of the aisle maintained a fairly consistent immigration enforcement level. Interestingly, despite all of Trump’s inflammatory accusations directed against him, it was President Obama who, according to Department of Homeland Security statistics, was the most active immigration law enforcer among modern day Presidents. In a controversial move announced last week, the Trump administration is now […]

6 09, 2017

The Winding Down of DACA

By Richard Hanus|2020-05-01T17:45:48-05:00September 6th, 2017|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Immigration and Criminal Law / Detainees, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published September 6, 2017 In 2012 President Obama implemented an Executive Order known as Deferred Action for Childhood Arrivals (DACA) which led to the issuance of 2 year work permits and a shield against deportation for hundreds of thousands of undocumented young adults brought to the U.S. as children. President Obama’s action was a direct response to Republican congressional leadership’s refusal to call a vote on a promising bipartisan immigration reform bill that would have put in place a path to legalization for most of our country’s undocumented population. Now, following up on one of his campaign promises, President Trump […]

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