A New Year traditionally inspires hopes of better things to come, but for a large part of the undocumented immigrant community, 2016 is turning out to be a stark season of hysteria, anxiety, and fear. Late last month, right around Christmas Eve, there were rumblings...
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Deportation
Don’t Confuse Expedited Removal Order with Voluntary Return
The consequences of an individual being apprehended trying to enter the US and formally sent back can be devastating with far reaching ramifications. Under Section 235 of the Immigration and Nationality Act, all aliens applying for admission are subject to inspection...
Does a Notice to Appear Trigger Stop Time Rule for Cancellation of Removal?
Although it may not have generated much attention in the media, a very important precedential decision was issued by the Board of Immigration Appeals last month. Lawyers who practice deportation and removal defense certainly know about, or certainly, should. The...
New PEP Program Means Changes To Immigration Holds in NJ
Few people may be aware that the much-vilified Secure Communities Program has actually been discontinued and replaced by a purportedly more focused Priority Enforcement Program, or "PEP." The death knell of Secure Communities was actually heard in November of 2014...
How to Qualify for Prosecutorial Discretion | Newark NJ Deportation Lawyer
Also known as "PD," a Prosecutorial Discretion Request may be of help to certain individuals presently in removal proceedings before an immigration judge. Contrary to popular belief, this is not technically a form or application filed with the court. Rather, it is a...
Fake Driver License and False Documents Can Raise Fraud Issues with Immigration
For many undocumented immigrants, the ability to drive legally is just as, if not equally, as important as the ability to work. Unfortunately, depending on which state the person lives in, getting a driver's license legally may be next to impossible, since the vast...
New Jersey DWI Breath Test Refusal Can Affect Immigration
Green Card holders and those who are not citizens need to be aware of the serious consequences of a Refusal To Submit to Breath Test. In New Jersey, an individual suspected of driving while intoxicated who refuses to take a breathalyzer test may be charged with...
Unlawful Voting Can Lead to Deportation | Illegal Voting and Citizenship
The basis and foundation of our democratic form of government is the right to vote. Voting is one of the most important tools Americans have to influence the policies the government implements. One of the most significant rights of American citizens age 18 years or...
How To Get Out of Mandatory Detention | No Bond Immigration Holds
The rules regarding whether an alien is subject to mandatory detention are found within the Immigration and Nationality Act (INA), particularly Section 236(c). Under section 236(c), mandatory means what it says: the individual must be taken into custody and detained;...
ICE Arrest and Deportation Issues | New Enforcement Guidelines
President Obama's Executive Order on Immigration not only provided a reprieve to millions of undocumented aliens in the US, but also signaled a change in enforcement priorities. Under a new November 2014 memorandum entitled Policies for the Apprehension, Detention and...