Removal / Deportation Proceedings and Court Hearings Archives - Page 12 of 14

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 […]

9 01, 2010

Lou Dobbs Said What?

By Richard Hanus|2010-01-09T21:46:10-06:00January 9th, 2010|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Lou Dobbs Said What? Published: January 9, 2010 When it was announced Lou Dobbs, a controversial television commentator, was leaving CNN, I set out to write a column explaining the significance of his views and departure from CNN and whether the controversy surrounding him is truly warranted. I finished a few drafts but had a difficult time tying together my thoughts and arriving at any meaningful conclusions. However, Dobbs’ recent pronouncements, on Fox News’ O’Reilly Factor, in favor of a legalization program for our country’s undocumented population, prompts me once again to think about Dobbs and the relevance of his views. […]

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 […]

28 02, 2009

Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire

By Richard Hanus|2009-02-28T22:08:01-06:00February 28th, 2009|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire Published: February 28, 2009 It’s a problem. A big problem. Innocent foreign nationals from countries far and wide are finding themselves in the middle of the Motor-Voter/Deportation crossfire here in the U.S. In Illinois, the following scenario (or a version of it) is unfortunately popping up way too often: Foreign national – we’ll call her Daisy, arrives in the U.S. legally, on an immigrant visa (permanent resident), and starts the process of obtaining identification documents such as a social security card, state i.d., drivers license, etc. Upon her visit to the Illinois […]

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 […]

20 01, 2009

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?

By Richard Hanus|2009-01-20T11:40:37-06:00January 20th, 2009|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, 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., United States Embassies Abroad|

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular circumstances will be covered by some prospective legislation. While we await such legislation, are there measures the overstay / undocumented foreign national can take to “legalize” their status and obtain U.S. lawful […]

5 11, 2008

Barack Obama and the Future of Our Immigration Laws

By Richard Hanus|2008-11-05T13:46:56-06:00November 5th, 2008|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Barack Obama and the Future of Our Immigration Laws Published: November 5, 2008 Today’s article is not a political one, especially because I am just as tired as you are of hearing about how wonderful or terrible an Obama presidency will be. The campaign is finally over, the hoopla is hopefully dying down, and whether you think President Elect Barack Obama is the real deal or just a fantasy – or maybe something in between, at some point in the near future the immigration issue will be up for discussion. On many people’s minds is whether comprehensive immigration reform – including […]

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