In the criminal justice system, the accused has the right to an attorney and if he or she cannot afford an attorney, the government provides one for free. This is not the case in immigration court. In fact, in immigration court the burden of proof is usually on the defendant (immigrant). While the immigrant has...Read More
The United States Citizenship and Immigration Services (USCIS) issued a policy memo last week regarding “parole in place” for spouses, children and parents of active duty members of the U.S. armed forces, the selected reserve of the ready reserve and former members of the U.S. armed forces or selected reserve of the ready reserve. This...Read More
In an extremely important case that will surely affect thousands of non-citizens and green card holders, the Eleventh Circuit Court of Appeals has ruled that the Florida Statute813.13 – Possession with Intent to Deliver a Controlled Substance, is not categorically an aggravated felony for immigration purposes. The Court listened to arguments by a Miami immigration...Read More
In a statement today, President Obama called for Congress to leave politics behind and work to pass comprehensive immigration reform. On the heels of the end of the Government shutdown and debt ceiling deal, President Obama appeared at the White House and made a statement to the American people. The President pointed out that politics...Read More
In yet another tragedy related to immigration, at least four migrants perished when a boat capsized off the coast of Miami. Reports are that, among the dead or missing, are Haitian and Jamaican nationals. Opponents of comprehensive immigration reform often predict that any new immigration law that conveys benefits will result in migrants attempting to...Read More
As the immigration reform debate continues, one of the main sticking points is whether any proposed legislation will include a path to a green card and U.S.citizenship. The Senate version of a comprehensive immigration reform bill does include an eventual path to a green card and citizenship. As the GOP controlled House of Representatives debates...Read More
In a recent decision, the Board of Immigration Appeals, recognized the escalating adverse conditions in Syria as a factor in determining extreme hardship to qualifying relatives in deciding a waiver case in immigration removal proceedings. In this case, the respondent was in removal proceedings and applied for cancellation of removal. The Immigration judge denied his...Read More
President Obama issued a directive to Immigration and Customs Enforcement (“ICE”) to give consideration to parents of minor children when determining custody status and deportation. Typically, when an undocumented immigrant comes to the attention of ICE, a determination is made regarding whether to release the person or detain them in an immigration facility. In the...Read More
With the current events as they are in the World today, President Obama has a lot on his plate in dealing with Russia, ISIS, North Korea, and various civil rights issues in the United States. In addition to all this, his deliberation on what to do regarding immigration reform weighs on him. Obama has already...Read More
Today the Obama administration announced that federal laws prohibiting the possession and use of marijuana will not be enforced in the States where possession and use of marijuana has been legalized. The administration made it clear that while marijuana possession and use will still remain illegal under federal law, the government will not expend resources...Read More
