Removal / Deportation Proceedings and Court Hearings Archives - Page 9 of 14

10 09, 2014

Obama Takes Foot Off Accelerator on Immigration

By Richard Hanus|2014-09-10T08:24:04-05:00September 10th, 2014|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, Green Cards, immigration reform, 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: September 10, 2014 First the U.S. Senate was ready to act on immigration. Then, the House of Representatives was not. Then President Obama was ready to act without congressional backing, and enact measures by way of his executive powers and grant work permits to the vast majority of our undocumented population, as he did back in 2012 with “childhood arrivals.” Then, as of last week, he was not, although the President intimated he may very well be ready to act after this November’s congressional elections. So goes our nation’s dance with our 12 million undocumented. We love them, because […]

28 07, 2014

A Showdown on Immigration: It’s High Noon In Washington D.C

By Richard Hanus|2014-07-28T08:45:38-05:00July 28th, 2014|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, Green Cards, immigration reform, 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 28, 2014 First, some important facts. Last year, the U.S. Senate passed legislation to allow for the legalization of the vast majority of our nation’s undocumented population, now estimated at around 12 million. The House of Representatives, through its Republican leadership, refuses to hold a vote on the legislation for a variety of reasons, most notably because it would likely pass into law and give Obama a win. There is no plan to round up and deport all or any substantial portion of the 12 million undocumented. The President has indeed enforced our immigration laws, specifically in the deportation […]

1 06, 2014

Immigration Drama Likely To Ignite By End of Summer

By Richard Hanus|2014-06-01T12:07:37-05:00June 1st, 2014|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., General, Green Cards, immigration reform, 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 1, 2014 The stars continue to line up for the eventual enactment of a program to allow our nation’s undocumented to obtain some sort of legal status. Exactly what type of status that might be, and whether that happens in 2 months, 2 years or in 2 decades are the big questions. In the meantime the political drama continues to unfold in Washington, where the majority of our legislators (along with the majority of the U.S. electorate) continue to favor the implementation of some form of comprehensive immigration reform or path to citizenship. The drama playing out this summer […]

19 02, 2014

When All Else Fails: Prosecutorial Discretion

By Richard Hanus|2014-02-19T09:13:17-06:00February 19th, 2014|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published: February 19, 2014 Individuals defending against deportation proceedings (now known as removal proceedings) sometimes have a defense available, and other times, they don’t. Sometimes the individual is documented, but is losing their status because of some crime or other act they committed. Other times the individual is undocumented, and an immigration enforcement agent just simply caught up with them. In either of the above scenarios, the Immigration Judge presiding over removal proceedings may be in a position to consider defenses, or avenues of relief, known as “cancellation of removal”, “asylum”, or some other defense. In such cases, factors such as […]

12 01, 2014

In the Immigration Realm: The Hard Truth About Criminal Expungements and Certain Criminal Case Dismissals

By Richard Hanus|2014-01-12T14:06:34-06:00January 12th, 2014|Categories: DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings|Tags: certified court dispositions, criminal defense counsel, criminal plea bargain, dismissed, expunged criminal record, FBI analyses, nolle pros'd, stricken|

Published: January 12, 2014 For certain, there continues to be a significant disconnect between criminal defense attorney perceptions and the realities of immigration law. Don’t get me wrong – I am not writing this article to scold, judge or blame the criminal defense bar, since I am well aware that keeping up with current criminal laws and procedures is challenging enough. It’s just that I happen to bear witness to this disconnect at least a couple times a week in communications with criminal defense colleagues with whom I may share a client, and we engage in discussions ranging from the deportation […]

16 12, 2013

Philippine Government Seeks “TPS” for Undocumented Filipinos Living in the U.S.

By Richard Hanus|2013-12-16T14:53:37-06:00December 16th, 2013|Categories: Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: crisis, employment authorization, extraordinary humanitarian challenges, misdemeanor conviction, overstays, Temporary Protected Status, TPS, Typhoon Haiyan|

Published: December 16, 2013 Temporary Protected Status or “TPS” is a special, temporary immigration classification issued by the President of the U.S., by way of the Secretary of Homeland Security, to certain undocumented individuals living in the U.S. who are citizens of countries facing extraordinary humanitarian challenges. Crises such as civil war, hurricanes, earthquakes and epidemics are examples of the type of situations that prompt the issuance of a TPS decree for a certain country. Individuals granted TPS status are protected from removal from the U.S. and granted a period of employment authorization. In recent days, it has been reported that […]

4 12, 2013

President’s Uncle Allowed to Remain in the U.S.

By Richard Hanus|2013-12-04T13:50:47-06:00December 4th, 2013|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: appeal, avoid deportation, discretion, DUI, good moral character, political asylum|

Published: December 4, 2013 Earlier this week, Onyango Obama, the half brother of President Obama’s father, avoided deportation back to his native Kenya and was granted permanent resident status by an Immigration Judge in Boston. Onyango Obama first arrived in the U.S. in 1963 and eventually applied for political asylum here, but was later denied. His appeal was also denied although he never departed the U.S. or was ever arrested or detained by immigration authorities. Since the dismissal of his appeal in 1992, he essentially was living in the U.S. knowing that he could get picked up and deported at any […]

20 10, 2013

An Update: Options for Victims of Crimes – The U and T Visas

By Richard Hanus|2013-10-20T08:38:31-05:00October 20th, 2013|Categories: Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|Tags: Age out, qualifying criminal activity, T visas, U Visas, Victims of Crimes|

Published: October 20, 2013 In recent years, Congress has enacted various pieces of legislation addressing the vulnerabilities of our undocumented population as targets of criminal activity. Whether they fall victim to crimes relating to their person or property, the undocumented victim will likely think twice about reporting the crime to authorities for fear of having their immigration status uncovered and ultimately being deported. However, with the U and T Visa options, certain undocumented victims of crime – along with their spouses and under 21 year old children – have a vehicle toward both temporary and permanent lawful immigration status in the […]

7 10, 2013

DHS/CIS Largely Unaffected by Government Shutdown; A Different Story for Related Agencies

By Richard Hanus|2013-10-07T08:29:51-05:00October 7th, 2013|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, United States Embassies Abroad|Tags: federal government agencies, government shutdown|

Published: October 7, 2013 With no end in sight for the ongoing government shutdown, many wonder how federal government agencies performing immigration-related functions will be impacted for the foreseeable future. Below is a summary assessment: Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS): In general, business as usual. DHS/CIS primarily operates by way of “fee for service” funding, and thus is not affected by a lapse in annual appropriated funding. That is, most of DHS/CIS’ functions are funded by way of filing fees supplied by applicants and petitioners. So, green card and citizenship interviews and decision-making will continue without interruption. However, […]

10 05, 2013

As We Await Passage of a Legalization Measure, DREAM ACT/Deferred Action Applicants Continue to File; Some Scheduled for Interview

By Richard Hanus|2013-05-10T08:57:07-05:00May 10th, 2013|Categories: Deferred Action for Childhood Arrivals (DACA), immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: complicating factor, criminal arrest, dreamers, eligibility, immigration reform, interview, pending removal proceedings|

Published: May 10, 2013 There are at least 11 million folks in the U.S. who are more than a little curious whether immigration reform and a legalization program will ever become law. With legislators in Congress “marking up” proposals and negotiating the details of a new law, we will no doubt have a better sense of the viability and substance of an eventual measure in the coming months. In the meantime, undocumented childhood arrivals qualifying for 2 year work permits under the Deferred Action for Childhood Arrival (“DACA”) program continue to receive approvals. As of March 31, 2013, more than 488,000 Deferred […]

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