Removal / Deportation Proceedings and Court Hearings Archives - Page 4 of 14

20 09, 2018

Under New Policy, Immigration Applications Can Be Denied More Easily

By Richard Hanus|2020-05-01T16:10:16-05:00September 20th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings|

Published September 20, 2018 As of September 11, 2018 a new policy went into effect giving immigration officers greater authority to deny immigration related filings without first giving applicants an opportunity to supply the missing evidence. According to U.S. Department of Homeland Security/Citizenship and Immigration Services officials, the new policy was prompted by what was seen as widespread documentary shortcomings in applicant filings and the consequent waste of resources forced on immigration officials in order to allow applicants to address these shortcomings, especially when the underlying filing may not ever be approvable. From the standpoint of the government, instructions […]

29 07, 2018

DHS Looks to Revoke U.S. Citizenship for Those Improperly Approved

By Richard Hanus|2020-05-01T16:17:53-05:00July 29th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Published July 29, 2018 It is well known that a lawful permanent resident can be subjected to removal proceedings in the event they commit a deportable offense, or were improperly granted their residence in the first place due to some misrepresentation or fraud in their application. Less well known or common are proceedings to revoke a foreign born individual’s naturalization as a U.S. citizen. Examples of the rare cases of denaturalization that have gained wider attention over the years are those involving foreign nationals who concealed during U.S. immigration processing their involvement with Nazi war crimes during World War […]

12 07, 2018

US CIS Now More Active in Placing Denied Applicants in Removal Proceedings

By Richard Hanus|2020-05-01T16:20:58-05:00July 12th, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, 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, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 11, 2018 Under a new policy guidance memo released by U.S. Citizenship and Immigration Services (US CIS) earlier this month, the agency will now be taking a more active role in initiating removal proceedings against denied applicants. Applicants for permanent residence, naturalization, change of status or other immigration benefits now will be more vulnerable to being placed in removal proceedings if they are deemed ineligible for the benefit sought and are in the U.S. in violation of immigration laws. Pursuant to the new guidance, US CIS is required to issue a Notice to Appear (NTA) – the […]

29 06, 2018

Attorney General Sessions: Domestic and Gang Violence Are Not Bases for Asylum

By Richard Hanus|2020-05-01T16:33:39-05:00June 29th, 2018|Categories: Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published June 11, 2018 Foreign nationals are eligible to be accorded asylum status in the U.S. if they fear return to their home countries due to: a) persecution they face on account of their race, religion, political belief or social group AND b) the persecution is carried out by their government or government agents, or groups the government cannot or will not control. In recent days, U.S. Attorney General Jeff Sessions, in overturning an Obama administration ruling, issued an order limiting the circumstances under which members of particular “social groups,” including domestic violence victims and some LGBTQ claimants, have a […]

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 […]

15 03, 2018

More DACA Drama

By Richard Hanus|2020-05-01T16:54:21-05:00March 15th, 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|

Published March 15, 2018 The processing of applications for employment authorization documents for hundreds of thousands of young adults under the Deferred Action for Childhood Arrivals (DACA) program, an Obama era executive initiative, was supposed to come to a halt by now. But thanks to 2 separate, federal court rulings issued in recent weeks, the program has been given new life, albeit with a most uncertain future. DACA was put into action back in 2012, following Congress’ failure to agree on immigration reform legislation, including a law to establish a path to legalization for our nation’s 11 million undocumented individuals. The […]

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