BIA Must Disclose Evidence Against Some Applicants Accused of Marriage Fraud
Even the most experienced immigration lawyers can sometimes be completely baffled as to why USCIS denies a particular petition, especially when USCIS claims the applicant committed some type of fraud. In these cases, it can be very difficult to obtain the exact information which led to the finding, which also makes it difficult to develop a strategy for appealing the decision.
9th Circuit Rules in Case Involving Immigration Attorney Error 14 Years Ago
There are clear rulings from the Courts regarding the responsibility of defense attorneys to inform their clients of the potential immigration consequences of a plea deal in a criminal case, and a slew of cases where the Court made “ineffective assistance of counsel” findings under these circumstances. Still, there have not been as many precedent cases clearly addressing errors made by immigration attorneys in immigration cases. Last week, the 9th circuit ruled in favor of an applicant for permanent residence in Peters v. Barr, who was caught in a 14-year-long “bureaucratic nightmare” due to the action (and inaction) of her immigration attorney, back in 2006.
If I am not a U.S. Citizen and I am Charged with a Crime, Do I Also Need an Immigration Attorney?
If you are not a U.S. citizen and you are charged with a crime, you might eventually need an immigration attorney. But, your criminal defense attorney is legally obligated to advise you of the “clear consequences” of any plea deal.
Trump Justice Dep’t to Immigration Judges: Pick up the Pace or We’ll Decide Your Cases
Did you know that the judges deciding most immigration cases – including serious asylum matters – are employees of the Justice Department and not independent judges like the ones who handle criminal or civil cases? Most people don’t. Even the judges hearing initial immigration appeals are Justice Department employees. Under a new streamlining rule, however, even these judges may not have the final say in the life-and-death decisions affecting people in the immigration system.
Most Migrants don’t Elude Inspection: 9th Circuit
Since the beginning of Operation Streamline in 2005, thousands of migrants have been criminally convicted under 8 U.S.C. 1325 and 1326, for unlawfully entering the United States. Other than a few cases appealed on procedural grounds, the vast majority of these cases are dispensed of within a matter of minutes, hence the name “Streamline.” But, a defendant recently appealed his conviction all the way to 9th Circuit Court of Appeals, successfully arguing that he did not “elude” inspection when he crossed without inspection in a remote area of the border.
Potential Immigration Consequences of a Reckless Driving Conviction
In many areas of immigration law, the immigration officials within the U.S. government used to have a great deal of discretion and were permitted to use their judgment to make enforcement decisions on a case-by-case basis. But in the current political climate, more of this discretion is being taken away from individual officials and these officials are often asked to instead enforce hard and fast policies. One of the most easily penalized demographics are non-immigrant visa holders with criminal convictions, because there is an almost completely discretionary element to the issuance of most non-immigrant visas. This means that even seemingly innocuous misdemeanor convictions, such as reckless driving, can greatly affect an individual’s eligibility for a non-immigrant visa.
5 Tips to Avoid being Hassled while entering the U.S
We have all heard horror stories regarding detentions at the border or airports due to a case of mistaken identity or an overzealous CBP officer, but some travelers experience delays each and every time they enter the U.S
A Quick Guide: Immigration Consequences of DUI’s in Arizona
What follows is quick guide that focuses upon the immigration consequences of Arizona DUI’s for LPR’s, VISA holders, and DACA recipients.
Sessions v. Dimaya and Aggravated Felony Deportations
There has always been some uncertainty as to what crimes could constitute a “crime of violence” and thus an aggravated felony, for immigration purposes. This is a serious issue because an alien that is convicted, at any time, of an aggravated felony is deportable. In a long awaited decision, the Supreme Court recently held, in Sessions v. Dimaya, that one of the statutes affecting deportable aggravated felons is vague enough to be unconstitutional.
Customs & Border Protection (CBP) and Vehicle Searches
At the U.S./Mexico border, CBP has extremely broad powers to search vehicles. At primary inspection, the officer will assess not only your legal status to enter the U.S., but also whether you are bringing any type of contraband into the U.S. Your vehicle may be subjected to radiation detection, a dog may sniff your car, and an officer may also look around your vehicle or knock on your vehicle to check for hidden contraband or compartments.