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Removal / Deportation Proceedings and Court Hearings

1 08, 2008

The Scheduled Departure Program

By |2008-08-01T10:33:05-05:00August 1st, 2008|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

The Scheduled Departure Program Published August 1, 2008 U.S. Immigration and Customs Enforcement (ICE) put a puzzling offer on the table last week to immigrants with final orders of removal, deportation or exclusion who never actually departed the U.S.  ICE refers to this group of people as “fugitive aliens”.  The offer is this: Help us deport you.  Hmm. The program is named “Scheduled Departure” and is offered only to fugitive aliens with no criminal history.  ICE advertises the program as a “compassionately conceived enforcement initiative” because although participants would be deported from the U.S., it would be in a manner in […]

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28 02, 2008

Homeland Security Addresses Name Check Delays

By |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 […]

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15 01, 2008

Can the Green Card Renewal Process Lead to Removal Proceedings?

By |2008-01-15T14:00:36-06:00January 15th, 2008|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, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Can the Green Card Renewal Process Lead to Removal Proceedings? January 15, 2008 This is a question that has arisen with increasing frequency in the past year with hundreds of thousands of long time permanent residents facing the need to renew expiring permanent resident cards (aka “green cards”). The simple answers – for those without criminal issues: No. For those with criminal issues: Maybe. Individuals who have accumulated one or more criminal convictions since the time they have become permanent residents are certainly advised to give serious consideration to seeking legal counsel prior to submitting their I-90 applications to renew their […]

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25 01, 2007

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation

By |2007-01-25T14:00:36-06:00January 25th, 2007|Categories: DHS / Immigration and Customs Enforcement (ICE), Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation January 25, 2007 While it may seem contradictory that the U.S. Supreme Court would rule that a felony under state law is not a felony under federal law, that is exactly what the Court did on December 5, 2006 when it issued its decision in Lopez v. Gonzalez , 549 U.S. __, 2006 (Dec. 5, 2006). Jose Antonio Lopez has been a lawful permanent resident in the U.S. since 1990. In 1997 while living in South Dakota he was arrested, charged with, and plead guilty to, aiding and abetting the possession […]

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10 11, 2006

False Claims to U.S. Citizenship

By |2006-11-10T14:00:36-06:00November 10th, 2006|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Immigration and Customs Enforcement (ICE), Foreign Exchange Student Visas to the U.S., Green Cards, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

False Claims to U.S. Citizenship November 10, 2006 Lying about one’s immigration status can have serious consequences, especially when it involves a false claim to U.S. citizenship. A false claim to U.S. citizenship can mean an applicant will forever be barred from obtaining U.S. permanent residence, or for those already lawful permanent residents (“green card” holder), being denied U.S. citizenship. In rare cases, it can even be the basis for the initiation of removal/deportation proceedings. But what exactly constitutes a false claim to citizenship, how it becomes an issue, and how the government can prove their case are important questions to […]

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24 10, 2006

Tips For Immigration Law Consumers

By |2006-10-24T14:00:36-05:00October 24th, 2006|Categories: Customs and Border Patrol / Travel to and from the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Tips For Immigration Law Consumers (Based on client stories I have recently heard in my day to day practice.) October 24, 2006 Stay away from scam artists. If it smells like a scam, it probably is. Immigration scams stink, and one of the more common scams these days involves the visa lottery. In no way is payment of a fee to a professional or one posing as a professional going to increase one’s chances for success. If your service provider refuses to issue a receipt for payment, you can be assured he/she is a scam artist. If you have immigration law […]

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16 01, 2006

U.S. Attorney General Weighs In On The Conduct of Immigration Judges and the Appeals System

By |2006-01-16T14:00:36-06:00January 16th, 2006|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings|

U.S. Attorney General Weighs In On The Conduct of Immigration Judges and the Appeals System January 16, 2006 In recent days, U.S. Attorney General Alberto J. Gonzales, the highest ranking official in the U.S. Department of Justice, issued a memorandum to U.S. Immigration Judges (also part of the Department of Justice) expressing “concern” about the way immigrants are being treated in courtrooms where removal (formerly, deportation) proceedings are being conducted. Gonzales’ memorandum was likely prompted by the steady stream of criticism coming from U.S. Circuit Courts of Appeals regarding the volume of immigration cases they are handling, and what they see […]

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2 12, 2004

Law Enforcement Association Opposes CLEAR Act Proposal

By |2004-12-02T14:00:36-06:00December 2nd, 2004|Categories: DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Law Enforcement Association Opposes CLEAR Act Proposal December 2, 2004 CLEAR, or Clear Law Enforcement for Criminal Alien Removal, is a federal legislative proposal currently under consideration in Washington, which includes provisions that would impose mandatory financial penalties on local governments that do not actively enforce federal immigration laws. The International Association of Chiefs of Police (IACP) has recently announced its opposition to this proposal, urging Congress to allow State and Local government agencies greater latitude in determining whether to opt in on immigration law enforcement measures. Included in proposed CLEAR Act provisions is a measure whereby the federal government would […]

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12 11, 2004

U.S. Supreme Court Rules on DUI / Deportation Issue

By |2004-11-12T14:00:36-06:00November 12th, 2004|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court Rules on DUI / Deportation Issue November 12, 2004 Firstly, contrary to the impression the general public might have been given based on recent media coverage of a recent Supreme Court decision, a conviction for driving under the influence of alcohol has not, to this point, been automatically leading to the deportation of non-U.S. citizens. However, pursuant to an overly harsh set of laws enacted in 1996 creating expanded classifications of “deportable” offenses, many non-citizens residing across the U.S. who have been convicted of a felony DUI found themselves in removal (formerly known as deportation) proceedings and without […]

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27 02, 2004

H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence

By |2004-02-27T14:00:36-06:00February 27th, 2004|Categories: Green Cards, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence February 27, 2004 Allotment of H-1B Visas Has Been Exhausted for This Fiscal Year For the fiscal year of 2004, which starts October 1, 2003 and ends on September 30, 2004, the annual cap on the issuance of H-1B visas (for professional nonimmigrants) has been reached. Therefore, the earliest validity date on any new H-1B petition will be October 1, 2004. Among the types of H-1B filings that are EXEMPT from the cap are petitions filed by non-profit institutions or institutions of higher learning, as are filings to extend […]

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