Removal and Inadmissibility

April 27, 2011

Consequences of Drug-Related Convictions

Los Angeles-based immigration attorneys at Romben Law, APC have received a recent string of consultations from the Palm Springs and Inland Empire area involving the immigration consequences of drug convictions.

One individual is a Lawful Permanent Resident (LPR) who was convicted in 2000 for possession of drug paraphernalia. The conviction did not come to the government’s attention until the gentleman returned from a vacation abroad and he re-entered the United States. The Department of Homeland Security (“DHS”) has placed him into removal proceedings, charging that he had been convicted of a controlled substance offense.

Another man recently walked in with a Notice to Appear in which the DHS alleged that he entered the United States in 1965. “That’s wonderful!”, I thought, “I’ve got one of the few people in America that is eligible for registry.” My excitement waned when I discovered that the man had a conviction for possession of drugs in the 1980s.

March 28, 2011

Homeland Security Suspends Deportation of Japanese Nationals — for now

by Romben Law, APC

Bridge Cables.jpg Immigration lawyers at Los Angeles’ Romben Law, APC have learned that, in view of the massive earthquake and tsunami in Japan and the related devastation, clean-up, possible radiation concerns, US Immigration and Customs Enforcement (ICE) has temporarily suspended removal of Japanese citizens who may have been ordered deported.

It is expected that ICE will be deporting Japanese nationals again, as soon as conditions in Japan stabilize. Should you have questions about this, or any other immigration or nationality law concern, please do not hesitate to contact us. –jcf

March 19, 2011

Expedited Processing for Japanese Nationals Affected by Earthquake and Tsunamis

by Romben Law, APC

The USCIS this week provided information on the types of immigration applications for Japanese nationals who are affected by disasters caused the earthquakes and tsunamis last week. In limited circumstances, the USCIS can expedite the processing of the following types of requests/cases:

requests for extensions or change of non-immigrant status even if the request is made after the applicant’s stay has expired

re-parole of individuals who have already been granted parole by USCIS

expedited processing of advanced paroles

expedited adjudication and approval for requests for off-campus employment in the case of F-1 students suffering economic hardship

expedited employment authorization

If you or someone you know is eligible for these services, please contact the attorneys at Romben Law, APC for assistance in making these applications to the USCIS. —ecf

March 11, 2011

Earthquake in Japan: Tsunami Warnings for Hawaii and West Coast

by Romben Law, APC

Japan: an 8.9 earthquake has rocked Japan today, marking the most powerful earthquake in Japan’s recorded history. This quake is the fifth most powerful in the world since 1900, says the U.S. Geologic Survey. Tokyo reports massive aftershocks. Narita Airport, Sendai Airport remain closed, although Haneda Airport has reopened already. The immigration attorneys at Romben Law, APC who practice in business immigration, family-based immigration, removal defense and appellate work extend sympathy and concern to all our Japanese clients and those with family and friends abroad who are affected by this devastating disaster.

Over the years, the immigration attorneys at Romben Law, APC have worked proudly in the Japanese immigrant community, having represented multinational executives and managers for some of Japan’s largest corporations, professors providing invaluable research and teaching in top U.S. universities, professional employees working in companies based in Little Tokyo and in Japanese American non-profit organizations, and of course, countless individuals and families of Japanese descent.

With early reports of the death toll, the true damage the earthquake has caused remains unknown at this moment. We do know that this earthquake may cause tsunamis powerful enough to engulf or wash over small islands in the Pacific causing more damage and posing continued danger to those in the Pacific. For clients wishing to return to Japan in the weeks to come, please call the attorneys at Romben Law, APC for guidance on how to check the US Department of State for travel warnings and other restrictions. —ecf

February 8, 2011

Ninth Circuit Declines to Punish Immigrants for Government Delay

by Romben Law, APC

Individuals who seek the assistance of the immigration attorneys at the Los Angeles Romben Law, APC often marry their spouses after they are placed into removal proceedings. The question then became: how much patience will the Immigration Judge have while the government determines if it was a “bona fide marriage,” or if it one entered solely to save the respondent from deportation?

The Ninth Circuit U.S. Court of Appeals recently determined that an immigration judge cannot deny a request for a continuance simply because the government takes too long to adjudicate cases. In Malilia v. Holder, the Ninth Circuit considered the case of an individual who married his fiancee while he was in removal proceedings. Mr. Malilia’s lawyer requested that the judge wait until U.S. Citizenship & Immigration Services made a decision on the petition filed by Mr. Malilia’s wife. The judge denied the request for a continuance, finding first, that there was a presumption that Mr. Malilia had married his wife in order to obtain immigration benefits and second, that USCIS would take an “unpredictable period of time” to adjudicate the marriage petition. Because Mr. Malilia was not then eligible for relief, the judge ordered his removal from the United States and Mr. Malilia appealed. During the course of Mr. Malilia’s appeal, USCIS determined that the marriage was bona fide and approved the petition.

Ultimately, the Court sided with Mr. Malilia. The Court agreed with the Immigration Judge that a presumption exists. However, the Court noted that the presumption can be overcome by evidence presented by the couple. In other words, the couple must have an opportunity to persuade the government that their marriage is genuine and not for the purpose of obtaining immigration benefits. This process takes time — months, sometimes years.

February 7, 2011

Romben Aquino: Immigration Court and Federal Proceedings

by Romben Law, APC

Like many other areas of the law, immigration and nationality law is vast and complex. It has come to the point where no one attorney can truly know ALL of immigration law. For this reason, the lawyers of Romben Law, APC in Los Angeles are very happy to welcome Romben Aquino as of counsel to our firm. Romben will handle the deportation (removal), asylum, appellate, and other specialized cases in our office.

My law partner, Eileen Chun-Fruto, and I have long wanted someone to handle the litigation cases in the office, most especially because the current administration’s immigration policies have resulted in record numbers of deportations (removals) from the United States. Finding such a person was not easy. Eileen and I have very strong ideas about the way that an attorney should practice immigration law. We are thrilled to have Romben Aquino as part of our team.

Romben is the son of immigrants. A graduate of UCLA and Northeastern University School of Law, he is keenly aware of how important an attorney’s role is in counseling immigrants and their families. He has worked with a well-known immigration law firm in New York City and a firm in the San Fernando Valley. The litigation and appeal process is challenging and requires a strong, keen mind and a feeling heart. Romben has both.