Articles Posted in Avoiding Deportation

This week, the United States Supreme Court issued decisions in not one, but two (!!) immigration cases for the immigration lawyers at Fong & Aquino LLP claire-anderson-60670-300x200to chat about.

Earlier this year, I wrote about the Maslenjak case.  During oral arguments, the justices seemed extremely skeptical regarding the government’s position that ANY misrepresentation could lead to an individual being stripped of citizenship.  The justices — in a 9-0 smackdown — decided that the lie “must have somehow contributed to the obtaining of citizenship.”  The justices acknowledged that sometimes folks tell minor falsehoods out of “embarrassment, fear, or a desire for privacy.”  The Supreme Court left it to the lower courts to craft rules regarding the effects of lies in the naturalization process, but opined that adopting the government’s rule would give “prosecutors nearly limitless leverage — and afford newly naturalized Americans precious little security.”

In Lee v. United States, the Supreme Court overturned a conviction for an individual facing deportation.  Jae Lee, who immigrated to the United States as a teenager, was told by his criminal defense attorney that accepting a plea deal would not jeopardize his lawful permanent resident status.  Lee discovered that his attorney was “dead wrong” when the government immediately began removal proceedings.  This does not mean that Lee is in the clear: he will need to either negotiate a new plea deal, or go to trial.

This week, the Trump Administration summed up its policy on undocumented immigrants inside the United States as follows:  “We are coming after you!”  The immigration lawyers at Fong & Aquino LLP have a response:  “What do we say to the four horsemen of deportation?  Not today.”

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At a Congressional hearing, the acting director of Immigration and Customs Enforcement said “If you’re in this country illegally and you committed a crime by entering this country, you should be uncomfortable.  . . . You should look over your shoulder, and you need to be worried.”

As further evidence that the Administration seeks to make life more difficult for undocumented immigrants — even those who have lived in the country for many years and have children who are United States citizens, the Administration formally terminated the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (or DAPA).  Although the program had been on hold due to a lawsuit, the Secretary of Homeland Security has rescinded the memorandum and will no longer seek its implementation.

StockSnap_VGRTZ3SVU1-183x300Not too long ago, the immigration attorneys at Fong & Aquino opined that Immigration and Customs Enforcement would be seeking to arrest more people due to immigration violations.

Folks, this is no longer a remote possibility.  It is happening and with increasing frequency.  As noted in the article:

At the current rate, arrests under Trump are set to outpace the peak number made under Obama, according to the New York Times’ analysis published last week.

Benefits for Immigrants - Covered California

Legal US immigrants have rights to benefits

If you are here legally, you may be missing out on benefits you are entitled to receive

Many legal immigrants (whether they are lawful permanent residents or naturalized U.S. citizens) do not apply for benefits for which they are eligible because they fear that they will tip off the authorities about any undocumented members of their families. However, one agency is working with community groups to ensure that people who apply for health insurance are reassured that their family members are safe.

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U.S. Supreme Court Building

Are there limits to the government’s powers in expulsion of non-citizens and controlling its borders?

The United States Supreme Court recently decided to consider appeals regarding two very different immigration scenarios. One involves a judge’s order of deportation issued inside the United States; the other involves a decision made by a U.S. consulate in a foreign country. However, both cases have a common thread: what is the permissible extent of the government’s powers?
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MAVNI program expanded to include DACA

MAVNI program extended to individuals granted DACA immigration status

Living amongst us in the United States are hundreds of thousands of children who grew up as Americans but lack immigration status because of the way that they entered the United States. Many of these DREAMers have been given a chance to avoid deportation through the Deferred Action for Childhood Arrivals (or DACA) program. And now, the Department of Defense has announced that the MAVNI program has been expanded to those individuals.
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Immigration Due Process - Romben Aquino Blog

Recent cases involving unaccompanied children are being expedited, some without sufficient notice

Immigration judges across the country have been instructed to prioritize the cases involving unaccompanied children who have recently entered the United States through Mexico.
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Form I-862 Notice To Appear In Immigration Court

An In-Depth Look at the “Notice To Appear” Document

I have previously explored how immigrants first find themselves in immigration court proceedings and we discussed what you should know if you receive a Notice to Appear. The NTA is one of the most critical documents in the process, so this week we take a in-depth look.
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Immigrant Children 2014

“I brought Hassan’s son from Afghanistan to America, lifting him from the certainty of turmoil and dropping him in a turmoil of uncertainty.”
– Khaled Hosseini, “The Kite Runner”

Rather than speculation about whether there is going to be a new immigration law this year, the recent headlines about immigration have been about the surge of unaccompanied minor children from Central America who have been arriving at the U.S.-Mexico border. This mother’s statement to a reporter reflects a common misperception: “If she gets across [the U.S. border] she can stay here. Now they say all children need to do is hand themselves over to the Border Patrol.”

What information are parents and guardians missing?
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Just Received A Form I-862 Notice To Appear

What You Should Know If You Receive a Notice To Appear (NTA)

This week, we return to our discussion about the ins-and-outs of immigration court proceedings. Last time, I discussed the various ways that people are “thrown” into removal proceedings. Today, I take a closer look at the Form I-862 Notice To Appear.
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