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Immigration Reform is actually coming

Immigration Reform is actually coming.

It appears of which Immigration Reform might not happen this year. However, it is going to be important which an individual call your congressional representatives and your immigration attorney in order to try to give your own opinion. There tend to be 12 million illegal immigrants here within a U.S. and quite a few would likely say that will the system is without a doubt broken. The deportations are up, illegal aliens keep arriving and employers hire numerous men and women illegally. A new system which takes the reality associated with immigration and is without a doubt not only an enforcement tool could assist all involved. Harry Reid is actually moving forward when using the Immigration Reform.

Let us look at the problem more closely. If people look at just what exactly passed the legislature in Arizona, it almost makes a person believe one are usually reading a fictional book. The simply item left in order to make it law is going to be to the Governor associated with Arizona to sign the bill. It in essence allows the local police in order to ‘stop and arrest’ persons who ‘look suspicious’. Exactly how may somebody look suspicious? Is that a way of stating of which somebody looks hispanic or even illegal as well as out of status? There is without a doubt no realistic or real way in which an individual just simply ‘looks’ suspicious. What is without a doubt means is of which it is giving the law enforcement authorities of Arizona the power to be able to do racial profiling. So, if someone else looks ‘hispanic’ and maybe not really a ‘resident’ as well as ‘U.S. Citizen’, they could merely possibly be stopped, questioned and harassed. This is without a doubt a severe intrusion into the privacy of the individual. Maybe they should certainly simply go door in order to door and ask in order to discover someones Green Card and also Birth Certificate. It is without a doubt unconstitutional and even if ever the governor signs it, there will probably likely be lawsuits ready to be able to possibly be filed the same day or maybe shorty thereafter showing how the law is going to be unconstitutional and need to end up being stricken and invalidated. It is actually curious just how the congressional representatives could quite possibly have passed such an overtly racial and unconstitutional bill. Are usually they afraid that they may not end up being reelected back in office? Exactly how can easily they justify such a anti constitutional bill?

It is without a doubt this exact type associated with immigrat bashing and unconstitutionality in which mandates we ought to have immigration reform. We need complete immigration reform via the enforcement side regarding immigration in order to the visa and residency side. It should really be where some laws could be enacted in order to permit the over 12 million illegal immigrants to get out regarding hiding and get hold of some manner in order to obtain legal residency. The reality is actually they tend to be part associated with this economy and they have integrated into out society. It doesn’t have to be able to end up being an amnesty, but a clear path in order to legalization. Naturally, the enforcement side of immigration ought to likewise end up being amended so which people are generally not deported for minor crimes and so that will there are ways for those people individuals to request waivers or maybe in order to not be seperated for years from their families.

Immigration Reform is definitely upon the table as President Obama has indicated he wants to obtain Bill passed. Democrat Charles E. Schumer regarding New York and Republican Lindsey Graham of South Carolina are usually working to help craft an Immigration Reform Bill. There are generally Bills which are usually being presented in Congress, television coverage of Congressional Representatives moving forward upon Immigration Reform and debate among a number of groups tend to be moving forward. We as a nation of individuals should really call, e-mail and write our representatives in Congress to move forward on getting Immigration Reform.

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Motion to Reopen an old deportation

Another win for the Law Offices of Brian D. Lerner, APC: Client’s mother was about to die. We filed a Motion to Reopen an old deportation order and asked it be joined in by ICE. It was a joint motion. Then, the Immigration Court terminated proceedings so we could proceed with the Adjustment. All this occured in less than 1 month.

Motion to reopen

Motion to reopen, what does this mean?

Motion to reopen Attorney

Motion to reopen granted

 

New Case on Convention Against Torture

New Case on Convention Against Torture: Board of Immigration Appeals did not abuse its discretion in determining that petitioners failed to demonstrate prima facie eligibility for immigration relief because their proposed social group, “returning Mexicans from the United States,” was too broad to qualify as a cognizable social group; generalized evidence of violence and crime in Mexico was not particular to petitioners and was insufficient to establish a likelihood of torture.
Delgado-Ortiz v. Holder – filed April 6, 2010

BIA

Board of immigration appeals

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BIA deference given to particularly serious crime

 

 

 

BIA decision

A new case. Another aggravated felony. Alien’s conviction for grand theft under California Penal Code Sec. 487(a) qualified as an aggravated felony under the modified categorical approach. By referencing alien’s “conviction record,” Board of Immigration Appeals sufficiently referenced the record as a whole. Abstract of judgment could fairly be read as a summary of alien’s specific offense, not merely a recitation of the title of the statute, and read together with the felony complaint, those documents clearly and specifically demonstrated that alien pleaded guilty to a charge of grand theft of personal property. Alien may not collaterally attack his state court conviction on a petition for review of a BIA decision.
Ramirez-Villalpando v. Holder – filed April 9, 2010

Appeal to BIA

BIA meaning

Board of Immigration Appeals

Immigration judge

A new case on Asylum

A new case on Asylum: Alien’s hope that conditions would improve in her native Kenya did not constitute an extraordinary circumstance excusing her delay in filing application for asylum. Immigration judge’s adverse credibility finding was subject to reversal because it was premised on erroneous determination that alien had not mentioned an incident where she claimed she was almost run down by a truck in her application. Where an issue has been presented to an IJ, and the Board of Immigration Appeals affirms, the issue is deemed exhausted. Where IJ relied upon election of Kenyan Democratic Party leader as president in Kenya and the State Department’s 2002 Human Rights Country Report in finding that conditions in Kenya had improved for members of the Democratic Party to such an extent that alien no longer had a well-founded fear of returning, IJ’s decision was not supported by substantial evidence since that report covered only one day after the president was sworn in and four days after he won the election, confirmed abuses like those allegedly suffered by alien were still common in Kenya, and did not indicate that the former ruling party was no longer able to persecute Democratic Party members. Record did not compel a finding that alien would likely be tortured if returned to Kenya.
Mutuku v. Holder – filed April 9, 2010

Appeal asylum

Asylum meaning

Asylum Attorney

Asylum seekers

New case

New case: Another aggravated felony ruling: Alien’s state felony conviction for possession of pseudoephedrine with intent to manufacture methamphetamine was categorically a “drug trafficking crime” that constitutes an “aggravated felony” under federal law, rendering him statutorily ineligible for cancellation of removal. A drug trafficking crime need not involve the use of a firearm to constitute an aggravated felony.

Aggravated felony

Felony meaning

Violent felony

Getting the best Immigration lawyer possible is critical to helping you

New Case on BIA being overruled

New Case on BIA being overruled: Because deferral of removal is available under the Convention Against Torture regardless of whether petitioner has been convicted of a crime, a denial of deferral of removal under CAT is always a decision on the merits. Where alien testified credibly that Nigerian citizens deported for crimes committed in foreign lands were immediately imprisoned upon returning to Nigeria and nothing in the record contradicted this testimony, Board of Immigration Appeals’ conclusion that alien was not likely to be detained upon return to Nigeria was not supported by substantial evidence. Both BIA and immigration judge erred in failing to consider potentially dispositive testimony and evidence that alien would be intentionally tortured in Nigerian prisons because he has AIDS and subject to having his medications withheld as a form of punishment, and such evidence was required to be given reasoned consideration on remand.
Eneh v. Holder – filed April 15, 2010

BIA

Appeal to BIA

Board of immigration appeals

BIA deference given to particularly serious crime

My boyfriend is on immigration hold but he has papers

my boyfriends on immigration hold but he has papers. – Avvo.com http://ping.fm/u0YBt

American Immigration Attorney

Best Immigration Lawyer

Best Immigration Attorney

Our Immigration Law Firm

How long does it takes to get an immigration court?

How long does it takes to get an immigration court? – Avvo.com http://ping.fm/OsWJO

Immigration Court

Immigration Court proceedings

Immigration lawyer

The Law Offices of Brian D. Lerner

Can an Illegal Immigrant file for bankruptcy?

Can an illegal immigrant file for bankruptcy? – Avvo.com http://ping.fm/narsI

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