Lee & Garasia, LLC
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Deportation Archives

New Jersey Shoplifting Theft Offense Held Not To Be Deportable

Late last month, attorneys in New Jersey were pleasantly surprised to learn of a one-year-old immigration court decision that directly implicates many issues currently impacting foreign nationals charged with disorderly persons offenses in our state. Although unpublished and hence, non-precedential (in other words, courts are not bound to follow the ruling of this case), In re: Mario Harold FLORES may afford defense counsel with greater weight to argue that misdemeanor offenses-technically non-indicatable offenses-in New Jersey are not "convictions" within the meaning of the Immigration and Nationality Act. (A "conviction" under section 101(a)(48) can form the predicate basis of a ground of removability.)

False Claims to US Citizenship To Get Private Job Must Be Proven on I-9 Form

The Ninth Circuit recently issued a precedential case that is instructive, and potentially helpful, to individuals accused of making false claims to US citizenship. In Diaz-Jimenez v. Sessions, No. 15-73603 (9th Cir. 2018), the court confirmed that obtaining private employment did fall within the scope of false claims; however, the court also ruled that for purposes of 1182(a)(6)(C)(ii)(I), a person can only be considered to have made a false claim of citizenship in connection with private employment only when such representation is made on Form I-9. In the case at hand, there was no evidence of an I-9 form to sustain the government's claim that Mr. Diaz-Jimenez misrepresented his citizenship status to secure a job, resulting in the court reversing the BIA's finding and remanding the case.

Denied U Visa Applicants and Battered Spouses May Be Placed Into Immigration Court

Earlier last month, we wrote about USCIS implementing the new Notice to Appear Policy Memorandum released on June 28 of this year. According to a bulletin released late last week, the second phase of expansion is scheduled to take place November 19, 2018. On and after this date, USCIS will begin applying the new policy to the following types of applications upon denial:

USCIS Will Begin Placing People Into Deportation Court If Application Is Denied

On September 26, 2018, USCIS quietly announced that it will be implementing the June 28 updated guidance on issuance of Notice to Appears (NTAs). This will be an incremental roll out, with the new memo being applied to different types of cases at different stages. Effective October 1, 2018, the memo will be applied to "status-impacting applications, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status." According to the bulletin, the new guidance will not be implemented with respect to employment-based and humanitarian applications and petitions at this time. The announcement also makes clear that USCIS will continue its current practice for NTAs regarding applicants with criminal records or where there are fraud or national security concerns.

Notice to Appear Not Defective If Notice of Hearing Later Issued | Pereira Motion Update

Over the Labor Day weekend, the Board of Immigration Appeals (BIA) quietly released an important decision that has a significant impact on individuals hoping to file "Pereira motions." In Matter of Bermudez-Cota, 27 I & N Dec. 441 (BIA 2018), the court held that a Notice to Appear that does not specify the time and place of a person's initial removal hearing does not divest an Immigration Judge of jurisdiction so long as a Notice of Hearing specifying this information is later sent to the individual. In the case at hand, the respondent filed a Motion to Terminate arguing that his case should be dismissed in light of the Supreme Court's decision in Pereira v. Sessions, in which the highest court in the land declared that a Notice to Appear lacking the required information (as to date, time, and place) does not stop the clock for purposes of calculating physical presence eligibility for cancellation of removal. After the decision came out, many attorneys also extrapolated from the Court's clear language that such Notices to Appear were, in effect, not only defective for cancellation of removal purposes but defective per se. This gave birth to "Pereira motions" which have seen mixed results in New Jersey, with some judges granting and others, denying.

New Policy Also Affects Citizenship Applicants And Can Cause Deportation

Those managing to keep abreast of the many unpredictable changes affecting our immigration system are aware of the new USCIS policy regarding the issuance of Notices to Appear. In short, the new policy essentially instructs immigration officers to initiate removal/deportation proceedings against applicants who, upon denial of an application or benefit request, are unlawfully present. This is in addition to targeting individuals suspected of fraud, misrepresentation, or abuse of public benefits. What is not as well known is the memorandum's impact on naturalization N-400 cases.

New Immigration Policy Poses Deportation Risk For Green Card Applicants

During the July 4th break, U.S. Citizenship and Immigration Services issued a very important policy change that drastically departs from previous agency guidance issued in 2011. Memo 602-0050.1 is titled "Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens" and supersedes previous policy under which people were placed into immigration court by USCIS. Except in very limited circumstances, the revised guidance will now govern when NTAs should be issued, or individuals referred to Immigration and Customs Enforcement (ICE) for further action.

How Do I Stop Deportation If I am Picked Up By Immigration? | I-246 Stay

Especially in light of President Trump's impending announcement on the fate of DACA, many people without status often ask what can they do in the worst-case scenario. Recent statistics bear out the reality that people are not being paranoid: according to some reports, ICE arrests have skyrocketed more than 30%, with no signs of abating.

What Happens If I Sneak Back Into the US After Being Deported? | I-871 Reinstatement

In general, most undocumented and illegal aliens apprehended inside the United States are entitled to a hearing before an immigration judge under section 240 of the Immigration and Nationality Act. However, this is not always the case. In some circumstances, a person who is caught by Immigration and Customs Enforcement may not be afforded an opportunity as procedural matter to see a judge, unless the individual is able to assert some sort of legal claim. It is critical to understand this because in many cases, a person will need to appreciate the risks of a certain course of action to remedy his/her status. For example, many people are not aware of or understand the doctrine of reinstatement. The regulations pertaining to reinstatement of removal orders can be found in Section 241(a)(5) of the Immigration and Nationality Act. Under the statute:

PROFESSIONAL RECOGNITION

    • The National Advocates | Top 100 Lawyers
    • Rated by Super Lawyers | Angie Garasia | 5 Years
    • Avvo Rating 10.0 | Superb
    • Client Distinction Award martindale.com | 2016 Martindale-Hubbell Client Distinction Award
    • New Jersey State Bar Association | Paris Lee Chair - Immigration Section 2015-2016
    • Nationally Recognized | Newsweek Nationwide Showcase | Top Attorneys 2013
    • New Jersey Chapter | American Immigration Lawyers Association | Angie Garasia | Chapter Chair 2015-2016
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Lee & Garasia, LLC
190 State Route 27
Edison, NJ 08820

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