Although legislation to legalize marijuana abruptly stalled late last month, it is only a matter of time before the issue is revived, perhaps as early as June of this year. In spite of this, legalization of cannabis remains a hot legislative priority…
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This is a very common question that we deal with in the ordinary course of our business. Unfortunately, it is also one that is extremely complex and heavily dependent on a number of factors, including but not limited to the nature of the offense; one…
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Last week, we wrote about New Jersey Attorney General Law Enforcement Directive 2018-6, which directs state law enforcement to refrain from actively enforcing immigration law except in narrowly defined circumstances. Two salient aspects of the direct…
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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.…
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In order for our government to remove a foreign national on the basis of criminal conduct, a conviction is normally required. In terms of what constitutes a conviction, the Immigration and Nationality Act (INA) states as follows: (A) The term ‘…
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Late last week, Chief Justice Stuart Rabner of the New Jersey Supreme Court urged in a letter to Secretary of Homeland Security John Kelly that courthouses be added to the list of “sensitive locations.” A sensitive location, according to…
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In New Jersey, reckless driving is punished under Title 39. It is not classified as a criminal offense, which is codified under Title 2C of the New Jersey Code. 39:4-96 reads, in part: A person who drives a vehicle heedlessly, in willful or wanton di…
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The Board of Immigration Appeals (BIA) recently issued an important precedential decision in Matter of J-H-J, 26 I & N Dec. 563 (BIA 2015) that affects individuals who may need to file criminal waivers in order to stay in the United States. This…
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While most non-US citizens are generally aware that being convicted of a major crime may render them deportable, many will often underestimate the impact of certain traffic offenses on their immigration status. In New Jersey, for example, there is a…
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While many minors are aware, or should be aware, that underage gambling is against the law, foreign-born minors may be exposed to additional collateral immigration consequences that are not as well known. While the offense is not found in or classifi…
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