Articles Posted in ICE

Today, we are going to talk about a new comedy on NBC called “Sunnyside”!  It stars Kal Penn (the tall guy from the Harold and Kumar movies) as Garrett Modi, a down-on-his-luck former city council member who is booted out of office.  Somehow, he is hired by a motley crew of immigrants to be their “citizenship test tutor.”

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Before we go any further, I know that some of you might be wondering about my qualifications to critique a show about immigrants in Sunnyside, Queens.  Well, I have watched “Coming to America” at least twenty times and 90% of that movie happens in Queens.  (Fun factoid:  Not only is Queens the largest of the five boroughs, it is also the most ethnically diverse.)  Also, when I first moved to New York City, I lived in Woodside, which is two stops away on the illustrious 7 line from Sunnyside.  (I lived near the 61st Street stop, which is an express station.  When I first moved in, I thought “This is great!  I will be in Manhattan in ten minutes!”  Then, during my first week of work, I learned that the express train was very full by the time it reached Woodside.  Which then forced me to discover the benefits of the local.  Like how my commute to work would take an extra 30 minutes.) 

ABOUT THAT CITIZENSHIP TEST

kumar-and-weed-300x166I was having lunch with a former client who had flown in and out of LAX the other day.  We were celebrating that after a long journey involving his moving from California to Washington, the government had granted his application for lawful permanent residence.  Knowing that California had legalized the recreational use of marijuana, he mentioned that he was surprised that he didn’t see any “amnesty boxes” at the airport.

As of November 2018, 10 states have legalized the recreational use of marijuana and 33 states allow the use of medical marijuana.  However, federal immigration law has not changed:  marijuana is still a “controlled substance.”  And the consequences can be severe.

Canadians who have admitted to taking a puff in the past or who are involved in the cannabis industry can be turned away at the border and possibly banned from future travel into the United States.  CBP officers have stated:  “Anytime somebody plans on entering the United States to involve themselves in the distribution, proliferation, possession of any form of marijuana, that could lead to them being found inadmissible.”  

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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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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