Articles Posted in ICE

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.

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.

Business tricks

Business tricks

Over many years of practicing immigration and nationality law, the attorneys at Fong & Aquino have met all kinds of immigration officers and border guards.  These are unique individuals who receive government training to get at and spot what they believe to be the truth.  They are trained to use certain techniques in their interrogations.  Clients at both our Pasadena and Palm Springs offices have asked us about some of these tactics. Even tourist visa and C-visa holders have been interrogated this way.

Make an accusation.  I have often heard clients say that the border guard just barked out, “we know you’re lying!”  They know no such thing.  Border guards love to use this one.  First of all, it insults you, because they are calling you a liar.  Second, it makes you angry, and if you are angry, your judgment is often compromised.  If you are telling the truth — and of course, you should never lie to any government official — then control your anger, look the officer straight in the eye, and say, “I am sorry you feel that way officer, but I am telling you the truth.”  Don’t let them trap you into saying that you are lying.

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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joe-and-teresa-giudice

Felony conviction for actor Joe Giudice will likely result in removal proceedings

Hollywood sit-com writers occasionally air episodes where the storyline has an immigration subplot. But sometimes, you don’t need fiction writers! Joe Giudice, from “Real Housewives of New Jersey”, was convicted on federal charges that will likely trigger immigration consequences.
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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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Many Roads Lead To Immigration Court

Overview of Removal Proceedings

How do individuals find themselves in removal proceedings?

This week’s blog will kick off a series of posts aimed at providing a broad overview of removal proceedings. Removal proceedings, formerly known as deportation proceedings, are the process by which the Department of Homeland Security (or “DHS”) seeks to deport individuals that it deems do not have authorization to be in the United States. Except under certain situations Continue reading

Motion to Reopen an Immigration Case - Romben Aquino Blog

Should you file a motion to reopen your case with the court or with ICE?

Last week, I discussed the use of prosecutorial discretion by Immigration and Customs Enforcement (ICE) to allow certain individuals in removal proceedings to have their cases taken off the “active docket” of the immigration court. But what about individuals who want to be back in front of the judge?
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You mean prosecutorial discretion can apply to immigration casesProsecutorial discretion: What it means and how it can affect immigration cases

The Los Angeles Times recently reported that immigration court case closures due to prosecutorial discretion appear to be on the rise. This means more cases are being temporarily closed due to the artful use of prosecutorial discretion.
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What changes can we expect to see in immigration law in 2014?

New laws affecting immigrants have already gone into effect as of January 1, 2014.

Previously, under the “Secure Communities” program, many immigrants were placed on an “ICE hold” even for low-level offenses.  Under the California Trust Act, state and local jails will only hold immigrants for ICE if they have committed serious or violent crimes.  Hopefully, this will result in fewer immigrants being placed into removal proceedings.
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