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Another win for Our Immigration Law Office

Cancellation of Removal granted for non permanent resident from Belize based on hardship to his U.S. citizen mother and father.  Client was in removal proceedings for over 18 years, with appeals to the 9th circuit and back, and at 34 years old, he can now remain in this country legally.

Another Win for our Immigration Law Office

After a long fight, application for adjustment of status and fraud waiver granted.  Filipino Client had previously applied for adjustment with a fraud waiver with another attorney’s office in Los Angeles but his fraud waiver was denied.  Our office was able to refile with additional evidence of hardship and his case was approved in a little over 2 years.  He can now remain in the United States with his U.S. citizen wife and mother.

DHS Releases Information on Returning Certain Foreign Nationals to Mexico During Immigration Proceedings

DHS released information about the Migrant Protection Protocols it has begun implementing at the U.S.-Mexico border, whereby certain foreign nationals entering from Mexico may be returned to wait outside the United States for the duration of their immigration proceedings

USCIS to Expand Implementation of New Policy Memorandum on NTAs

USCIS announced it is continuing to implement its June 28, 2018, policy memo on issuance of Notices to Appear (NTAs). Starting November 19, 2018, USCIS may issue NTAs based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, and I-730, as well as I-485 when filed with these underlying form types.

Got Voluntary Departure? Case just ruled it does NOT break continuous presence for Cancellation

Matter of CASTREJON-COLINO, 26 I&N Dec. 667 (BIA 2015)
(1) Where an alien has the right to a hearing before an Immigration Judge, a voluntary departure or return does not break the alien’s continuous physical presence for purposes of cancellation of removal under section 240A(b)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(A) (2012), in the absence of evidence that he or she was informed of and waived the right to such a hearing. Matter of Avilez, 23 I&N Dec. 799 (BIA 2005), clarified.
(2) Evidence that an alien who had the right to a hearing before an Immigration Judge was fingerprinted and/or photographed before being allowed to voluntarily depart is not enough, in itself, to demonstrate a waiver of the right to a hearing or to show a process of sufficient formality to break continuous physical presence.

The Notice to Appear and Removal Proceedings

Deportation and the Notice to Appear

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated.

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required: In removal proceedings under section 240, written notice (in this section referred to as a ‘notice to appear’) shall be given in person to the foreign national (or, if personal service is not practicable, through service by mail to the alien or to the alien’s counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing.

It must specify the following:
“(A) The nature of the proceedings against the alien.
“(B) The legal authority under which the proceedings are conducted.
“(C) The acts or conduct alleged to be in violation of law.
“(D) The charges against the alien and the statutory provisions alleged to have been violated.
“(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel
“(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien’s address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings.

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.

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