On June 21, 2018, the Supreme Court issued an extremely important decision with potentially large-scale ramifications for thousands of people in removal proceedings. In Pereira v. Sessions, the Court held that the stop-rule governing continuous presence for...
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Immigration Court
What Happens If I Don’t Show Up For My Immigration Court Hearing in Newark?
Given the current climate and anti-immigrant sentiment these days, people placed into proceedings are understandably petrified of going to immigration court. There is a common misconception that once somebody summoned to court shows up, he/she will be summarily...
Defective Notice To Appear Does Not Stop 10 Years | Green Cards
Last week, the Third Circuit issued an important precedential decision regarding the "stop-time rule" and cancellation of removal. In Orozco-Velasquez v. Attorney General, the Court held a defective Notice to Appear ("NTA") did not effectively stop the clock for...
Common Defenses to Deportation in Immigration Court | Newark Deportation Attorney
Check our latest Youtube video on Removal Proceedings. Here's the transcript. Removal proceedings can be one of the most frightening ordeals for an individual looking to stay in the United States. Removal Proceedings are initiated when the Department of Homeland...
Is There Any Way To Get a 2019 Immigration Court Hearing Scheduled Earlier?
Please subscribe to our US Citizenship and Family Immigration Podcast on Itunes. This is a transcript of Episode #3 in which we talk about immigration court and 2019 hearings. "Hello and welcome to episode number 3 of the Lee and Garasia Immigration Podcast. This is...
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...
Applying for Cancellation of Removal in Newark, New Jersey Immigration Court
While Cancellation of Removal is perhaps the most sought after form of relief in Immigration Court, it is an extraordinarily complex and labor-intensive application that is often misunderstood. First, respondents (people facing removal proceedings) should be aware...
What Does A Notice To Appear For Immigration Court in Newark Mean?
Surprisingly, many foreign nationals do not understand or realize when they are being put into removal proceedings. This is understandable because more often than not, unless the individual has been arrested and processed by Immigration and Customs Enforcement, the...
New Jersey District Court Rules on Mandatory Detention Immigration Issue
Not just too long ago, the United States District Court ruled that the Petitioner in a Habeas Action that he was entitled to a Individual Bond Hearing after ICE took the person into custody years later. Just again recently, New Jersey District Court Joel Pisano ruled...
NJ District Court Rules Against Mandatory Detention
Though not a published or precedential decision, the District Court of New Jersey recently issued a significant ruling regarding mandatory detention and whether an individual is entitled to a bond hearing. In Demanche v. Taylor, et. al., the Court ruled that the...