Immigration and Criminal Law / Detainees Archives - Page 6 of 8

18 03, 2010

I Have Been Arrested By Immigration…..Now What?

By Richard Hanus|2010-03-18T16:36:01-05:00March 18th, 2010|Categories: DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

I Have Been Arrested By Immigration…..Now What? Published: March 18, 2010 At the risk of sounding cliché’ or predictable, the first step a detained foreign national needs to take is to get an experienced, honest immigration lawyer on the case. That is not to say, there will always be a way to prevent the foreign national’s eventual deportation (now called “removal”) from the U.S., but at least all available legal options will be on the table, including a chance to possibly post bond or assert a defense in the context of removal proceedings , along with a big picture map as […]

16 12, 2009

CIR ASAP

By Richard Hanus|2009-12-16T01:02:26-06:00December 16th, 2009|Categories: Amnesty for Immigrants in the U.S., Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

CIR ASAP Published: December 16, 2009 For about the tenth time in the past decade, I am writing about a new legislative initiative presented to allow for the legalization of the vast majority of those present in the U.S. in violation of our immigration laws. This time, the initiative is called Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (“CIR ASAP”). The measure was introduced before the U.S. House of Representatives on December 15, 2009 by Congressman Luis Gutierrez (D-IL), a lawmaker who has shown himself to be a leader in the comprehensive immigration reform movement. Gutierrez, like […]

14 09, 2009

U.S. Supreme Court to Hear Case of Criminal Defendant Not Advised of Deportation Consequences

By Richard Hanus|2009-09-14T15:09:05-05:00September 14th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

U.S. Supreme Court to Hear Case of Criminal Defendant Not Advised of Deportation Consequences Published: September 14, 2009 On October 13, 2009, the U.S. Supreme Court will hear arguments in a case involving a U.S. lawful permanent resident facing removal from the U.S. as a result of entering into a criminal plea bargain (pleading guilty, as opposed to going to trial, in exchange for a reduced sentence) without being advised by his previous defense counsel of immigration law consequences. The case arises out of the State of Kentucky, with Jose Padilla, a long time lawful permanent resident and U.S. Army veteran, […]

4 06, 2009

The New Attorney General Reverses Field on Legal Representation in Removal Proceedings

By Richard Hanus|2009-06-04T18:58:39-05:00June 4th, 2009|Categories: Asylum in the United States, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings|

The New Attorney General Reverses Field on Legal Representation in Removal Proceedings Published: June 4, 2009 Just over 4 months after the outgoing Attorney General declared that foreign nationals do not have the right to effective representation in removal proceedings, the Obama Administration’s new Attorney General, Eric Holder, has undone that act. Attorney General Holder’s action to vacate the earlier decisions in the cases of Matter of Compean, Matter of Bangaly and Matter of J-E-C, restores more than a decade of jurisprudence establishing that foreign nationals are constitutionally entitled to “effective assistance of counsel,” and that a claim of ineffective counsel […]

13 05, 2009

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers

By Richard Hanus|2009-05-13T16:11:25-05:00May 13th, 2009|Categories: Amnesty for Immigrants in the U.S., 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.|

U.S. Supreme Court Weighs in on Identity Theft and Undocumented Workers Published: May 13, 2009 Last week the U.S. Supreme Court issued a unanimous decision rejecting the criminal prosecution of certain undocumented workers, under a federal identity theft statute, because of their use of fictitious social security or permanent resident cards. In a 9-0 decision, with several of the justices writing separate concurring opinions, the Supreme Court ruled that the federal identity theft provision at issue requires the offender to know that the identification document they were using actually belonged to another individual, as opposed to merely knowing the identification was […]

9 02, 2009

The Right to “Effective Assistance of Counsel” in Removal Proceedings

By Richard Hanus|2009-02-09T06:11:14-06:00February 9th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

The Right to “Effective Assistance of Counsel” in Removal Proceedings Published: February 9, 2009 When a foreign national is prejudiced by the ineffective assistance of his attorney in the context of removal proceedings, the foreign national has historically had a right to redress – a Motion to Reopen based on ineffective assistance of counsel. That right, however, has been pretty much eliminated and transformed into a possible avenue of redress as a result of directives issued by Attorney General Mukasey on the eve of his and the Bush administration’s departure from office. The Attorney General used three Board of Immigration Appeals […]

25 08, 2008

In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened

By Richard Hanus|2008-08-25T13:35:18-05:00August 25th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, Green Cards, Immigration and Criminal Law / Detainees|

In the Immigration Law Realm, “Expungement” Does Not Mean the Criminal Case Never Happened Published August 25, 2008 But I had the matter expunged! That is usually the first response a client will provide when I suggest that we must disclose all arrests or criminal charges when it comes to answering questions listed on an Application for Permanent Residence (I-485) or Application for Naturalization (N-400). Although for some purposes, an expungement may properly be understood as a process that seals and makes disappear an individual’s criminal record, in the immigration law realm it does not have such an impact. The problem […]

19 06, 2008

New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement

By Richard Hanus|2008-06-19T12:56:21-05:00June 19th, 2008|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Undocumented Immigrants and Workers in the U.S.|

New Immigration and Customs Enforcement (ICE) Center Opens to Train Local Law Enforcement Published June 19, 2008 Section 287(g) of the Immigration and Nationality Act allows State Law Enforcement agencies (such as a county sheriff’s office or a state highway patrol) to enter into an agreement with the U.S. attorney general which enables them to “perform a function of an immigration officer in relation to the investigation, apprehension or detention of aliens in the United States.” The 287(g) program is intended to target illegal immigrants involved in drug dealing, gangs and other criminal activities and in support of this program, ICE […]

28 02, 2008

Homeland Security Addresses Name Check Delays

By Richard Hanus|2008-02-28T14:00:36-06:00February 28th, 2008|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Homeland Security Addresses Name Check Delays February 28, 2008 In what appears to be a significant victory for customers of the Citizenship and Immigration Service (CIS), the U.S. Department of Homeland Security has announced its plan to eliminate systemic delays currently plaguing decision-making for many immigration applications, most notably I-485 applications for adjustment of status to permanent residence. Large numbers of applicants for U.S. permanent residence and naturalization have faced significant, sometimes multi-year, delays in the adjudication of their applications as a result of delays in the FBI name check process. In recent years, the FBI name check and other security […]

7 11, 2007

Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform?

By Richard Hanus|2007-11-07T14:00:36-06:00November 7th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Harsh State Laws; Might Congress Now Be Prompted to Enact Comprehensive Immigration Reform? November 7, 2007 Oklahoma Governor Brad Henry signed a bill in May that invokes tough measures enabling the state of Oklahoma to combat illegal immigration. The law, which is entitled the “Oklahoma Taxpayer and Citizen Protection Act of 2007” takes effect November 1, 2007. The Act states that “illegal immigration is causing economic hardship and lawlessness in this state” and includes the following new laws: making it unlawful to transport/conceal/shelter any immigrant that has “come to, entered or remained in the U.S. in violation of law”. Breaking this […]

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