Articles Posted in Immigration Court

product-image-727052017_1200x1200-300x300Lawyers are not psychic. It’s pretty hard to predict what the Trump Administration will do to change immigration law.  Any changes in the Immigration and Nationality Act (INA) for 2020 must first be passed by both houses of the Congress and signed by the President.  The Trump Administration will find it difficult to make changes in the actual INA, because it is unlikely the House of Representatives will approve them.  

However, immigration lawyers can guess that there may be some changes in policy coming for US immigration law in 2020.  Trump will continue to promote policies that attempt to restrict immigration to the United States.  Further, he will implement rules to infringe on the rights of immigrants and to deny asylum seekers the right to seek refuge in this country.  Trump is even trying to make it more difficult for attorneys to do their jobs as advocates for immigrants.  

We remain concerned whether the courts will continue to strike down the most outrageous and unlawful practices and whether current nationwide injunctions protecting basic rights of immigrants will stay in place.  The courts have been a protective barrier from the worst, most inhumane, and illegal policies of this Administration.  Two important issues to watch are:

IMG-2235-e1542224158367-225x300In my third year of law school, I had a small bit part in a talent show skit that parodied the lyrics of Madonna’s “Like a Virgin.”  The gist of the skit was that Professor Lucy Williams’s Federal Courts course was the most difficult class on the schedule.  So brutally rigorous that it reduced the 2L and 3L students into feeling “like a first year.”

Why this trip into Romben’s law school past?  Although the course had a textbook, the not-so-secret-supplemental-hornbook-that-you-had-to-read-if-you-wanted-any-chance-of-passing was “Federal Jurisdiction” written by one Professor Erwin Chemerinsky . . . who is now Dean Chemerinsky at UC Berkeley School of Law.

Dean Chemerinsky recently wrote an op-ed praising now-former Attorney General Jefferson Sessions’ upholding the rule of law by recusing himself from the Mueller investigation and allowing it to continue. 

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.

Merits Hearing vs. Master Calendar HearingMerits Hearing in Immigration Court vs. Master Calendar Docket

There are two different types of court hearings during removal proceedings involving non-detained individuals. The first is known as the Master Calendar hearing and the other is known as the Individual hearing or Merits hearing.
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Immigration Court | What You Don't Say Can And Will Be Used Against You

In Immigration Court, What You Don’t Say Can And Will Be Used Against You

Seemingly Non-Immigration-Related Documents Can Be Used Against You in Immigration Court

The Board of Immigration Appeals recently determined that a seemingly non-immigration-related document can be used as evidence by the Department of Homeland Security to support its deportation case. The case is called Matter of Bett.
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Immigration Court Snapshot

Over the last several months, I’ve been breaking down the process of what happens in immigration courts. This week, KPCC took a closer look at the busiest immigration court in the nation: Los Angeles.
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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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Fight Club Immigration Attorney Romben Aquino

Movie Quotes and Battle Stories from the Trenches of Immigration Court

Folks who have known me for a long time know that I seem to have an uncanny (maybe even annoying?) ability to remember movie lines. Sometimes famous lines from blockbuster movies. Sometimes obscure lines from indie flicks. Earlier this week, I was exchanging lines about rules with a friend of mine via text message. I started with Mr. Miyagi’s rules about karate: “Rule number 1, karate for defense only.” He responded with “The first rule of Fight Club is . . . you do not talk about Fight Club.” Which then led to my responding with “The first rule in a crisis situation.”
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