Removal / Deportation Proceedings and Court Hearings

21 02, 2018

The Bad Lawyer and the Fake Lawyer

By |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 […]

1 01, 2018

The Unknown Future of DACA

By |2020-05-01T17:17:45-05:00January 1st, 2018|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 reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published January 1, 2018   The Deferred Action for Childhood Arrivals measure implemented by President Obama has come to represent an issue bigger than just the undocumented young adults it protects and benefits.  Instead, it reflects on who we are as a nation and how we want to treat a population of individuals who arrived in the U.S. as children and through no choice of their own and who now have come to call the U.S. their home, their only home.  With President Trump’s decision to wind down DACA, confusion, panic and fear have set in for the 800,000 young adults […]

12 12, 2017

Recent Immigration and Customs Enforcement (ICE) Operations

By |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 |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 |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 |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 […]

23 08, 2017

Under Trump, Deportations Up 28%; Immigration Judges Warned On Granting Continuances

By |2020-05-01T17:48:01-05:00August 23rd, 2017|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published August 22, 2017   According to a recent U.S. Department of Justice report, since the time Donald Trump took office this year, the number of immigrants ordered removed from the U.S. increased 28% compared to numbers from a similar period last year.  From February 1 to July 31, 2017, 49,983 unauthorized immigrants were ordered removed, compared to last year’s number of 39,113. Taking into account the additional 7,086 undocumented immigrants who agreed to voluntarily depart the U.S., the total number of  removal and voluntary departure orders entered this year comes to 57,069. The total number of removal and voluntary departure […]

25 07, 2017

The Top 5 Defenses to Removal Proceedings

By |2020-05-01T17:57:03-05:00July 25th, 2017|Categories: Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), 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 July 25, 2017   Foreign nationals in the U.S. may find themselves defending against removal proceedings because they overstayed or  somehow violated the terms of their temporary visa status.  Or they may never have had immigration status in the first place.  Or, it might be that they have permanent resident status, but committed a criminal act that prompted their “removability”.    Whatever is the case, if a foreign national finds themselves having to defend against removal proceedings, it is imperative that they know which options may be available to allow them to remain in the U.S.    Below are the most common […]

12 04, 2017

U.S. Department of Justice Announces New Immigration-Related Prosecution Priorities

By |2020-05-01T18:14:33-05:00April 12th, 2017|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published April 12, 2017   In general, individuals who enter the U.S. without proper documentation, or who have overstayed their visas are guilty of only civil, as opposed to criminal, law violations.  That means, the worst penalty such a civil law offender generally faces is being subject to removal proceedings, and not criminal prosecution or penalties such as probation or a jail sentence.   However, in the criminal law universe there exist a range of immigration law related offenses which can subject offenders to criminal prosecution.  The Trump administration, through U.S. Attorney General Jeff Sessions recently outlined his vision for increasing law enforcement […]

21 03, 2017

Applying for U.S. Citizenship: The Top 4 Things That Matter

By |2020-05-01T18:20:10-05:00March 21st, 2017|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published March 21, 2017   To be sure, a foreign national residing in the U.S. as a lawful permanent resident (aka “green card” holder) is not required to apply for U.S. citizenship.   That is, for whatever reasons or no reason, a green card holder has the option of living the rest of their life in the U.S. without seeking U.S. citizenship.    Of course there are downsides to such a decision, such as having to renew a green card every 10 years, not having the right to vote, and having limits on the type of immigration petitions you can file on […]

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