Wednesday, November 4, 2009
Friday, October 30, 2009
When will Immigration Reform come?
President Obama has promised that a draft immigration reform bill will be presented to Congress by the end of the year. This is not important to you, of course, if you think it is right that a lawful permanent resident must wait eight or more years to be joined by his wife, when a temporary worker can have his wife come to the US in a matter of weeks. It is also not important to you, if you think that it is fair that a person convicted of a drug crime more than 30 years ago has no right to show that he is a changed person and no threat to the US.
The present immigration system is flawed and vicious. The expansion of the term "aggravated felony" in 1996 made nearly every alien convicted of a felony deportable without relief, no matter how long they lived here, whether anyone was hurt by their crime, or how their family would be affected.
ICE arrests far too many non-criminal aliens, and the private facilities in which they are jailed are a national disgrace. ICE routinely "disappears" aliens, and leaves their family wondering what happened to them for 72 hours or more -- when it would seem easy to let the alien make a phone call.
Bring on that reform Mr. President, and be ambitious about it, for God's sake!
The present immigration system is flawed and vicious. The expansion of the term "aggravated felony" in 1996 made nearly every alien convicted of a felony deportable without relief, no matter how long they lived here, whether anyone was hurt by their crime, or how their family would be affected.
ICE arrests far too many non-criminal aliens, and the private facilities in which they are jailed are a national disgrace. ICE routinely "disappears" aliens, and leaves their family wondering what happened to them for 72 hours or more -- when it would seem easy to let the alien make a phone call.
Bring on that reform Mr. President, and be ambitious about it, for God's sake!
Monday, September 21, 2009
Busy!
Boy -- it is hard to update the blog when I am busy. As a matter of fact, I thought I had a few moments to tell you about the I-360 aos I handled this morning, or about how another attorney sold out his clients -- but I just had a walk in. A client from 2001 with an emergency -- and of course he takes precedence. More later!
Thursday, September 3, 2009
Motion to Reopen Granted!
Great News! My latest success story is a victory for his country, and for those who think that LPRs should not be arrested and kicked out for missing an interview.
My client is a native of Nicaragua, who has been married to his wife for more than seven years. they have four USC kids together, and she is the one who petitioned for him to get permanent residence in the first place. But -- when the couple failed to appear for their interview for removal of conditions, he was put in deportation proceedings and ordered deported.
Nevermind that the address they sent his notices to was NOT the address he specified as his mailing address on his petition to remove conditions (a cautious man, he wanted to make sure he got his notices, so he got a P.O. Box expressly for that purpose).
Nevermind that the ISO did not notice the mistake when my client failed to show for his interview. Nevermind that the Judge failed to notice that when he ordered my client deported. Nevermind that my client was nearly deported to the wrong country and he has been physically abused the entire month he has been at Krome --and that my client is deaf and they cannot communicate with him at Krome -- this story will have a happy ending.
But, for the love of God! ISOs -- if you have an alien miss an appointment, call the number on the petition! Check the address on the mailing, and make sure it went to the right place! Judges, do not be so quick to believe the government when they state that they sent a notice to the correct address. Check it out for yourself!
Incredibly annoying that they don't know where my client is for his 751 interview. They don't know where he is for his court hearing. But they do know exactly where he is when they want to arrest him.
We are better than this, America!
A tip of the cap to my esteemed colleague at the Chief Counsel's office who chose not to oppose the Motion to Reopen. I hope you do not get in too much trouble for doing the right thing.
My client is a native of Nicaragua, who has been married to his wife for more than seven years. they have four USC kids together, and she is the one who petitioned for him to get permanent residence in the first place. But -- when the couple failed to appear for their interview for removal of conditions, he was put in deportation proceedings and ordered deported.
Nevermind that the address they sent his notices to was NOT the address he specified as his mailing address on his petition to remove conditions (a cautious man, he wanted to make sure he got his notices, so he got a P.O. Box expressly for that purpose).
Nevermind that the ISO did not notice the mistake when my client failed to show for his interview. Nevermind that the Judge failed to notice that when he ordered my client deported. Nevermind that my client was nearly deported to the wrong country and he has been physically abused the entire month he has been at Krome --and that my client is deaf and they cannot communicate with him at Krome -- this story will have a happy ending.
But, for the love of God! ISOs -- if you have an alien miss an appointment, call the number on the petition! Check the address on the mailing, and make sure it went to the right place! Judges, do not be so quick to believe the government when they state that they sent a notice to the correct address. Check it out for yourself!
Incredibly annoying that they don't know where my client is for his 751 interview. They don't know where he is for his court hearing. But they do know exactly where he is when they want to arrest him.
We are better than this, America!
A tip of the cap to my esteemed colleague at the Chief Counsel's office who chose not to oppose the Motion to Reopen. I hope you do not get in too much trouble for doing the right thing.
Tuesday, August 25, 2009
The joy of my job
I had another hearing today, a 212(c) hearing. My case was well prepared, the client did well, and the government attorney was generous, so everything went fine. My client, who was looking at being deported to his home country if he did not show that he was a good man who was unlikely to offend again the laws of the US, was undestandably relieved.
His aged mother and father, his wife and kids, and his brothers and sisters all were quite happy that he got to stay. The IJ was even kind enough to salute my client's six year old daughter, who wrote a touching letter to the IJ that brought my client to tears when he read it aloud at the request of the IJ.
Good times.
His aged mother and father, his wife and kids, and his brothers and sisters all were quite happy that he got to stay. The IJ was even kind enough to salute my client's six year old daughter, who wrote a touching letter to the IJ that brought my client to tears when he read it aloud at the request of the IJ.
Good times.
Tuesday, August 18, 2009
237(a)(1)(H) granted!
My client was returned to her lawful permanent resident status, because the government attorney in the case recognized that relief was appropriate in this case. Congratulations!
No quotas mean good news!
from the LA Times: "The head of Immigration and Customs Enforcement announced Monday in Los Angeles that he has ended quotas on a controversial program designed to go after illegal immigrants with outstanding deportation orders."
These quotas encouraged ICE agents to go after any alien here without permission, so that they could fill their assigned number of arrests. Their focus should properly be on the aliens who have been ordered deported already, or who have been convicted of crimes that make them a danger to american society.
I have know too many families that were torn apart for no reason lately. Now I know the reason, and I glad to see that the quota system has come to an end.
These quotas encouraged ICE agents to go after any alien here without permission, so that they could fill their assigned number of arrests. Their focus should properly be on the aliens who have been ordered deported already, or who have been convicted of crimes that make them a danger to american society.
I have know too many families that were torn apart for no reason lately. Now I know the reason, and I glad to see that the quota system has come to an end.
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