The budget crisis in the Federal Government has led to a process known as sequestration. The government has furloughed government employees and otherwise reduced spending on governmental entities. One area where sequestration has been felt is in immigration proceedings. Many immigrants who were previously detained during their immigration proceedings have…
The Eleventh Circuit Court of Appeals recently held that Florida Statute 843.01, Resisting an Officer With Violence, is a crime involving moral turpitude for immigration purposes. In Cano vs. U.S. Attorney General, the Eleventh Circuit determined that because the statute in its entirety is a general intent crime, and because…
In a devastating blow to non U.S. Citizens with criminal convictions, the United States Supreme Court recently held in Chaidez v. United States that an immigrant who pled guilty to a criminal charge based on bad or no advice about the immigration consequences of their criminal plea from their criminal…
In the State of the Union Address, President Obama called for immigration reform. Unfortunately, the term “immigration reform” has only served as a generic term thrown around on the Congress floor. Proposed reform could have both positive and negative implications on non U.S. citizens. The President called for added security…
This is a general outline that explains the law related to bond in immigration cases: A) GENERAL 1) Bond should be granted unless there is a finding that the individual is a) a threat to national security b) likely to abscond c) a poor bail risk. 2) Bond Procedure a)…
Eight United States Senators came out with a general, non-detailed plan for future immigration policy in the United States. One of the senators included Florida Republican, Marco Rubio. It is a four point plan that includes: 1) Creating a path to citizenship for those who are already here without legal…
The term “aggravated felony” for immigration purposes is a much misunderstood term. One of the reasons is that an “aggravated felony” need not be aggravated, nor a felony. But it is important to understand what constitutes an aggravated felony for immigration purposes, because a conviction for an aggravated felony comes…
The Obama Administration announced plans to change a long standing policy in immigration processing. As of March, immigrants who are here without lawful status will be able to apply for a waiver of their unlawful status while here in the United States. Previously, those individuals would have to leave the…
The Florida Supreme Court has held that the case of Padilla v. Kentucky is not retroactive. The United States Supreme Court held in Padilla that criminal defense counsel had the affirmative duty to investigate and advise their clients of the immigration consequences of their criminal plea. If the criminal defense…
Immigration law is one of the most complex and evolving areas in the American legal system. Immigration law is administrative and thus allows for a great deal of discretion by those in authority. It is extremely important for immigrants to understand some common pitfalls that can have serious negative immigration…