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The Eleventh Circuit held that the BIA did not err in concluding that the petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine constituted illicit trafficking within the meaning of INA §101(a)(43)(B).
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The National Association of Immigration Judges (NAIJ) stated that it opposes EOIR’s plan to evaluate immigration judges (IJs) using numerical measures such as performance quotas, stating that “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” NAIJ also submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt IJs from performance reviews, noting Administrative Law Judges are already exempt because quotas are “antithetical to judicial independence.” Another attempt by Trump to limit constitutional rights of immigrants
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Thus, as Trump will see, you cannot just kick everybody out of the country. The US gives rights to people.
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Filed under: best deportation attorney | Tagged: Cancellation of Removal, Deportation, Immigration Court | Leave a comment »
CNN reports that the Trump administration will impose visa sanctions on four countries that refuse to take back foreign nationals deemed to be in the United States illegally, DHS spokesman Dave Lapan said. The four countries—Cambodia, Eritrea, Guinea, and Sierra Leone—come from a running list of countries the United States designates as “recalcitrant” for not accepting, or delaying, repatriation of their own citizens after the United States has tried to deport them. Citizens of the four countries identified by the administration will face visa restrictions that could prevent them from entering the United States.
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A memorandum dated February 21, 2017, obtained by ProPublica via FOIA, shows guidance ICE Enforcement and Removal Operations (ERO) officers received, stating that regardless of criminal histories, “ERO officers will take enforcement action against all removable aliens encountered in the course of their duties.” The memo also contains guidance on detention, stating that “the agency is currently expanding detention space to support the E.O.’s termination of ‘catch-and-release’ policies.” Additionally the memo discusses the use of parole and other release, the processing and treatment of unaccompanied children, and more. For more information, read this ProPublica article, “ICE Officers Told to Take Action Against All Undocumented Immigrants Encountered While on Duty.”
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The Ninth Circuit held that reinstated removal orders are administratively final, and that the detention of noncitizens subject to reinstated removal orders is governed by INA §241(a), rather than by INA §236(a). Thus, the court found that the petitioner was not entitled to a bond hearing. The court noted that its decision creates a circuit split with the Second Circuit’s decision in Guerra v. Shanahan.
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Question: I was in Immigration Court about 2 years ago and had no relief. However, I did not have any crimes either and my attorney made a motion for prosecutorial discretion. However, last week, I was arrested for DUI. I did not even have to plea as the case was dismissed. There was no evidence and I have no conviction. However, the arrest prompted ICE to revoke my Prosecutorial Discretion. What happens now?
Answer: Under U.S. immigration law, prosecutorial discretion (PD) refers to the power that ICE has to discontinue working on a deportation case. ICE can exercise its PD in many different ways. For example, ICE can join you in asking an immigration judge to close your case. Prosecutorial discretion used to be under Obama one of the most important aspects of Immigration Law. Immigration Prosecutors can choose not to prosecute a crime for which someone is arrested. They can decide to pursue less serious charges. They can basically decide not to issue the Notice to Appear and begin Removal Proceedings.
However, under Trump, this has changed. Prosecutorial Discretion is all but dead. It is very rarely being issued. There are, of course, situations where it is still merited, but nothing like before. Additionally, ICE is revoking grants of PD left and right. Therefore, it becomes necessary for you to know your rights.
You do not have to sign a voluntary deportation;
You can fight your case in front of the Immigration Judge; and
You can still get detained;
You can make a motion to get bonded out.
Therefore, you will note that ICE officials in many cases will not tell you the truth and will lie about what you can and cannot do. You MUST know that you can fight your case and the fact that the Prosecutorial Discretion was denied and/or revoked is no reason to give up. It just means you must fight your case now.
Question: But how can I fight? What should I do?
Answer: First, get a qualified Immigration Attorney. Each case is different. This means that depending on your situation, the particular forms of relief will be different. We might be able to apply for Cancellation of Removal or Adjustment of Status, or Waivers of a variety of different kinds, or Asylum, Withholding of Removal, Convention Against Torture or a number of other forms of relief. What is important is that you can fight your case. Simply because Trump has decided to issue orders revoking Prosecutorial Discretion does not mean your path has ended.
Immigration Attorneys across the country are fighting every order that Trump makes. He cannot simply make the Immigration and Nationality Act disappear, or the Code of Federal Regulations, or the Policy Memos or the Foreign Affairs Manual. We are a country of Laws and one man, even if President of the U.S., cannot simply dictate and make all of that disappear.
We are fighting one case at a time and ultimately, we will prevail and the tides will turn. Trump is already seeing through his Muslim Ban, that he cannot simply sign a paper and think it becomes law.
Filed under: best deportation attorney | Tagged: Deportation, ICE, pd, prosecutorial discretion, Removal, revocation of pd, trump | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 