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TRUMP revoking many PD Cases

The AssociatedPress reports that immigrants who received deportation orders but were allowed to stay in the United States under the Obama administration have become a target under President Donald Trump’s new immigration policies, with some getting arrested during check-ins with immigration officers. In other instances, immigrants with deportation orders have been released, much like they were during President Barack Obama’s administration, in what immigration attorneys say appears to be a random series of decisions based more on detention space than public safety.

TRUMP’s Budget aims for Massive Deportations

The proposed budget aims to dramatically increase immigration enforcement and border security funding to the tune of $300 million above current spending levels to facilitate the deportation of thousands of families and people who have strong ties to the United States and pose no threat to public safety. The proposed budget would also provide funds to increase immigration detention by 66 percent and hire an extra 500 Border Patrol officers and 1,000 additional ICE agents. Additionally, the budget also designates $1.6 billion to fun

Is the Travel Ban Still Alive?

 

Question:  I have friends in the countries which Trump wants to still do his travel ban. I know it was denied. Is it still ongoing or could it still happen?

 

Answer: Yes, the Fourth Circuit Court of Appeal had granted the injunction and made it nationwide. However, the government has now submitted the request for the U.S. Supreme Court to hear the case. This is known as a Writ of Certiorari. First,  The government has filed a petition for a writ of certiorari to the Supreme Court appealing the Fourth Circuit’s injunction against Section 2(c) of Executive Order 13780, which suspended the entry of nationals of six Muslim-majority countries to the United States for 90 days. The Trump administration argues that the Constitution gives the president “broad authority to prevent aliens abroad from entering this country when he deems it in the nation’s interest.”

 

However, on the decision from the Fourth Circuit, they ruled essentially that the rhetoric which Trump used during the campaign was that he wanted to ban Muslims. Because he said this multiple times, he could not simply write an executive order which seemed somewhat valid on its face without seeing the intent of why he made it in the first place.

 

Thus, assuming the U.S. Supreme Court takes this (which is not guaranteed), then one of the major issues is whether a Court can look at past conduct, statements, Tweets, etc. in order to determine the ‘intent’ of the executive order outside of the executive order itself.

 

Question: What about Trump’s new set of Tweets where he just stated that because of the attacks in London that he does not even want the watered down executive order, but rather, that he wants the Supreme Court of the U.S. to rule that the first Executive Order should be ruled upon?

 

Answer: In actuality, Trump has basically proven the opposing sides arguments. Their arguments are essentially that he really does not mean what is ‘written’ on the ‘watered down’ executive order as Trump puts it. In fact, he only ‘watered it down’ in order for it to hopefully pass. Trump tweeted it is time to NOT be politically correct.  Thus, the whole argument that his executive order is really just a Muslim Ban has been given a significant amount of ammunition by his last round of Tweets. It is almost certain that the opposition to the Writ of Certiorari will put forth arguments showing that his latest Tweet Storm clearly shows that Trump’s true intention was to ban Muslims from coming to the U.S.

 

Question: About how long will it take for the U.S. Supreme Court to decide on this matter?

 

Answer: In actuality, first the U.S. Supreme Court has to agree to take the case. Judicially speaking, the U.S. Supreme Court is the highest Court. If they decide to not take the case, then that is an affirmation that the Fourth Circuit Court of Appeals was correct. However, the reality, is that this is a case of new impression and has constitutional implications on the executive branch of the U.S. Thus, it is likely that the U.S. Supreme Court will take the case. If they do take the case, it will most likely be on an expedited schedule and will be heard probably in the term of the U.S. Supreme Court next year and decided shortly after that. Theoretically, it could be heard sooner, but only if they deem it to be of such importance and such an emergency that it would mandate such an expedited hearing.

What to do if you lose at the Board of Immigration Appeals

 

Question: I am so sad. I lost at the Immigration Court and then I lost at the Board of Immigration Appeals. Is there anywhere else to go and anything else I can do to try to stay here in the U.S.?

 

Answer: Yes. You are eligible to file a Petition for Review to the Circuit Court of Appeals.  Petitions for review must be filed and received by the court no later than 30 days after
the date of the decision of the Board of Immigration Appeals (BIA) or the U.S.
Immigration and Customs Enforcement (ICE). This deadline is jurisdictiona.  The 30-day deadline for filing a petition for review is not extended either by filing a motion to reopen or reconsider or by the grant or extension of voluntary departure. Separate petitions for review must be filed for each BIA decision, including issues arising from the denial of a motion to reopen or reconsider.


ICE can deport an individual before the 30-day deadline to file a petition for review
Filing a petition for review does not stay the individual’s removal from the country; Instead, a separate request for a stay must be filed with the court. Filing a petition for review terminates the voluntary departure order, with one exception.  A petition for review may be litigated even if the individual has been removed. However, you probably want to stay here, so try to get the Motion to Stay promptly filed.

 

Question: That’s good to hear. However, what exactly is a ‘petition for review’?

 

Answer: A petition for review is the document filed by, or on behalf of, an individual seeking review of an agency decision in a circuit court of appeals. In the immigration context, a petition for review is filed to obtain federal court review of a removal, deportation or exclusion decision issued by the BIA. In addition, a petition for review may be filed to obtain review of a removal order issued by ICE under a few very limited specific provisions of the Immigration and Nationality Act (INA).

 

Question: So what can you challenge in the Petition for Review?

 

Answer: A challenge to a BIA or ICE decision may involve legal, constitutional, factual, and/or
discretionary claims. In general, (1) legal claims assert that BIA/ICE erroneously applied or
interpreted the law (e.g., the INA or the regulations); (2) constitutional challenges assert that
BIA/ICE violated a constitutional right (e.g., due process or equal protection); (3) factual claims
assert that certain findings of fact made by BIA/ICE were erroneous; and (4) discretionary claims assert BIA/ICE abused its discretion by the manner in which it reached its conclusion.

 

Keep in mind that the 30-day deadline for filing a petition for review of the underlying decision is not extended by the filing of a motion to reopen or reconsider, nor is it extended by the grant or extension of voluntary departure. To obtain review of issues arising from a BIA decision and issues arising from the denial of a motion to reopen or reconsider, separate petitions for review of each BIA decision must be filed.

 

It is quite complex to properly do a Petition for Review, so be sure that you get a qualified immigration attorney to get it filed for you.

Hire a qualified Immigration Attorney and Deportation Lawyer

Hiring a Deportation Attorney is Critical to the Success of the Case

 

Hiring a Los Angeles Immigration Attorney is critical to the successful outcome of your case. Immigration Law is changing all the time. What used to be the law is no longer the law. What once was not permitted is permitted at the present time. There are regulations, laws, cases, memorandum, policy and many other factors.  Many times people will think that completing a case is as easy as just filling out some forms. Unfortunately, it is much more complicated than this. An Immigration Attorney is able to look at all the areas of immigration law in order to determine how a particular situation might affect another area of immigration law.

 

For example, somebody might come to the U.S. on a B2 Visitor Visa and get married two weeks later. They might look online to see the forms they need to complete to get a green card based on a marriage petition.  Then, at the interview, the case is denied and the applicant is deported. Why? It would have been fraud to get married within 30 days of entry to the U.S under those circumstances. An Immigration Attorney would have clearly seen this issue and advised the clients what to do and how to avoid the allegation of fraud.

 

Another situation might be somebody applying for naturalization in order to become a U.S. Citizen. For example,  this person received their green card through employment and has no crimes, did not stay outside the U.S. for more than 2 weeks and has good moral character. Sounds easy? In this case, not only was the naturalization denied, but the person was put into deportation/removal proceedings. Why? Because it turns out that the company that petitioned the person for the green card went bankrupt prior to actually working at the company. The naturalization officer stated green card should never have been given. A qualified Immigration Attorney would have seen this issue and prepared the legal arguments accordingly to have a much better chance of winning.

 

You can search for all types of attorneys to help you. Legally they can. However, the reality is that only a qualified and experienced immigration attorney with years of experience in deportation law can help you in removal/ deportation and waiver cases.The immigration attorney might have to go with you to the asylum office and help with your arguments once in front of the officer. The immigration attorney will know what office is necessary to send the petition, application or documentation. It is much more difficult that it would appear when you have Immigration related offices all over the place. Most of the time the Los Angeles immigration attorney will be able to go with you or on your behalf to the immigration facility.

 

Immigration Law is like a 10,000 piece puzzle. If the immigration attorney is  a certified specialist in immigration law, then he or she can look how one situation might affect another area of immigration law. Even if you decide not to hire an immigration attorney, the initial consultation would be a good idea. At least the immigration attorney would make you aware of the issues that present themselves and to determine the path that is best to resolve your situation. A qualified immigration and deportation lawyer can see how naturalization, residency, inadmissibility, deportability, and many other factors all work together.

BIA Says Noncitizens Who Assist in Persecution Need Not Have a Persecutory Motive to Be Subject to the Persecutor Bar

In a precedent decision issued today, the BIA held that the persecutor bar in INA §241(b)(3)(B)(i) applies to a noncitizen who assists or otherwise participates in the persecution of an individual because of that person’s race, religion, nationality, membership in a particular social group, or political opinion, without regard to the noncitizen’s personal motivation for assisting or participating in the persecution. The court found that the persecutor bar applied to the Salvadoran respondent because, regardless of his own motives, he assisted in the persecution of an individual because of the individual’s political opinion. Accordingly, the court concluded that the respondent failed to establish that he was eligible for special rule cancellation of removal under NACARA.

Virgina Ct. Says Burglary NOT aggravated felon

The Fourth Circuit denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law.

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