Author: Law Office of Alena Shautsova
While a polarized U.S. Congress failed to come to terms with sequestration (forced budget cuts), ICE (Immigration Customs Enforcement) released hundreds of illegal immigrants being detained for deportation. The release was prior to and in anticipation of sequestration, which now has gone into effect.
Author: Law Office of Alena Shautsova
A recent article about deportation in the Washington Post alerts immigrants to a situation they may be unaware of that can lead to deportation. According to the article, when undocumented immigrants plead guilty to a misdemeanor, they often find themselves in the same category as defendants charged with violent crimes.
Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect
Author: New York Criminal Immigration Lawyer Alena Shautsova
The case of Padilla v. Kentucky, 559 U. S. 356 (2010) was one of the most exciting decisions in the recent years which acknowledged the importance of Immigration advice for non-citizens at the time of criminal proceedings. It one more time confirmed that a non –citizen pleading guilty to a crime, even a misdemeanor sometimes essentially waives all his immigration rights and signs his own deportation order. The Padilla case effectively opened a door for non-citizens who were not provided a competent advice regarding the immigration consequences of their guilty pleas to file a motion to vacate their guilty pleas.
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According to the United States Citizenship and Immigration Services (USCIS), E-Verify uses online databases to compare employees’ information filled out on an I-9 form with data from the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records. The comparison allows the government to verify employment eligibility in terms of valid immigration status.
A coalition of Hispanic labor organizations and civil rights groups has begun mobilizing for immigration reform. The coalition consists of the National Council of La Raza, Service Employees International Union, the Labor Council for Latin American Advancement, the League of United Latin American Citizens, the National Association of Latino Elected and Appointed Officials, Mi Familia Vota, Voto Latino and the Hispanic Federation. The Arizona Daily Star reported about the coalition’s nationally launched campaign for immigration reform legislation in 2013.
As one year ends and the next year ushers in, we like to take stock and evaluate, which help provide an analysis for future planning. While the Obama administration again promises immigration reform, statistics indicate that deportation during for the period of the President’s term and in particular deportation statistics during 2012 reached an all time high.
U.S. Immigration and Customs Enforcement (ICE) announced that the fiscal year ending deportation statistics were as follows:
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It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering testimony in support of defendants. Often, the witnesses for defense find themselves in deportation proceedings, while witnesses for the government enjoy protection in the form of special visas.
At least one Federal Judge found this to be a wrong policy. In a recent case in 9th Circuit, Judge Alex Kozinski issued the following decision:
May the government deport an illegal alien who can provide exculpatory evidence for a criminal defendant before counsel for that defendant has even been appointed? We believe the answer is self-evident, as the government recognized in an earlier case where it moved to vacate a conviction after it deported witnesses whose testimony would have exculpated defendant.
The 9th reversed the conviction, and remanded the case back to the lower Court to decide whether to dismiss charges with prejudice as a consequence of the Government’s (mis)conduct.
You can read the Court’s opinion here
If you are facing deportation and removal, you need a skilled lawyer to help you navigate the ever changing and complex aspects of immigration law. Find out how a New York immigration lawyer experienced in handling deportation cases can help.
Deferred Action Application for Childhood Arrivals
With an announcement of the new Obama supported Immigration policy for young undocumented immigrants, millions received hope to stay and work in the country legally.
The deferred action application process calls for submission of certain forms published on the USCIS website, as well as supporting documents. While the guidance published by the USCIS help with the confusing questions in application forms, many should still consult with an attorney while filing for this relief.
Some representatives of the community strongly suggest not to file for the relief at all as it may expose the potential immigrant to the future removal proceedings. However, depending on personal circumstances, including possibility to adjust status through family immigration, be sponsored by an employer, or qualify for other relief, an applicant should simply make a informant decision and choose what is in his/her best interest. If you are looking for answers to the questions concerning DACA application, New York Immigration Lawyer can help you! Call today 917-885-2261.
The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.