Articles Posted in Family Immigration

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There is a bill currently pending before Florida Senate that seeks to increase the maximum punishment for certain crimes committed by “illegal immigrants.” You can read the text of Senate Bill 150 here:

http://www.flsenate.gov/Session/Bill/2016/0150/BillText/__/HTML

Thankfully, there is no companion bill in the House. At first glance, many Floridians may think, “good, if someone is here illegally and commits a crime, they should face higher penalties.” But that gut reaction is wrong in this case, as the devil is always in the details. If you know anything about immigration law or have been following the protracted fights between the Obama administration and the federal courts over immigration, you know that the Federal Government and Federal Courts have a hard time interpreting and administering federal immigration laws themselves. What this bill proposes to do is to impose upon the Florida courts, prosecutors and criminal defense attorneys the additional time, financial and legal burden of determining the immigration status of a person before, during and after they commit a crime. This is much easier said then done.

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Finding yourself in handcuffs and under arrest is a traumatic experience for everyone. Many thoughts run through your mind, where will they take me, will I be able to get out of jail, can I afford a criminal defense attorney? One thought that should also be at the forefront for everyone arrested who is not a U.S. citizen is, how will this arrest affect my immigration status and will I be deported?

For non-citizens who are arrested, hiring a criminal defense attorney is just the first step in protecting your rights. While criminal defense attorneys in both state and federal court are charged by the U.S. Constitution with providing accurate immigration advice to their clients, in reality, this often does not happen. Criminal defense attorneys are often unable to give accurate immigration advice because they do not practice immigration law and have no idea what the effects of a given criminal charge will be for a client.

This is true because the criminal aspects of immigration law, or crimmigration is a very nuisanced, complicated, ever-changing and inconsistent area of law that even the most experienced immigration attorneys are often fearful of practicing. If immigration attorneys don’t know the immigration consequences of criminal prosecutions, how can your criminal defense attorney be expected to know them?

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This Friday and Saturday, October 16th & 17th, the Central Florida Chapter of the American Immigration Lawyers Association (AILA) will host its 2015 Annual Immigration Law Conference in Orlando. This conference will feature leading immigration experts from across the United States and a sitting U.S. Congressman. The venue is the beautiful Omni Champions Gate Resort.

SLG has the honor of having two of its partners, Jeremy Lasnetski and John Gihon, selected to be panelists at the conference.

Jeremy was chosen to be the discussion leader on the U.S. Citizenship and Naturalization panel. This panel will cover topics including the acquisition of citizenship by birth abroad, derivation of citizenship through a naturalizing parent and the requirements and procedure for naturalization.

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Over the last few months I had the opportunity to work with some fantastic immigration attorneys across the Southeast United States on a collaborative project. Our goal was to find, review and summarize every immigration-related and useful District Court and Circuit Court Case from the Eleventh Circuit and put them together in a newsletter. This was an enjoyable and educational experience. We expect to send out this newsletter every quarter and it will contain published and unpublished District Court cases from Florida, Alabama and Georgia and the Eleventh Circuit Court of Appeals.

This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. Here is an excerpt of the 11th Circuit Cases. If anyone reading this newsletter has any suggestions, please contact me at John@slgattorneys.com or our editor, Bruce Buchanan at bbuchanan@visalaw.com

District Court Opinions

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Over the last few months I had the opportunity to work with some fantastic immigration attorneys across the Southeast United States on a collaborative project. Our goal was to find, review and summarize every immigration-related and useful District Court and Circuit Court Case from the Eleventh Circuit and put them together in a newsletter. This was an enjoyable and educational experience. We expect to send out this newsletter every quarter and it will contain published and unpublished District Court cases from Florida, Alabama and Georgia and the Eleventh Circuit Court of Appeals.

This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. Here is an excerpt of the 11th Circuit Cases. If anyone reading this newsletter has any suggestions, please contact me at John@slgattorneys.com or our editor, Bruce Buchanan at bbuchanan@visalaw.com

11th Circuit Decisions (September)

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Over the last few months I had the opportunity to work with some fantastic immigration attorneys across the Southeast United States on a collaborative project. Our goal was to find, review and summarize every immigration-related and useful District Court and Circuit Court Case from the Eleventh Circuit and put them together in a newsletter. This was an enjoyable and educational experience. We expect to send out this newsletter every quarter and it will contain published and unpublished District Court cases from Florida, Alabama and Georgia and the Eleventh Circuit Court of Appeals.

This would not be possible without the hard work of our multi-state team composed of Marshall Cohen, Roberta Cooper, Bruce Buchanan and myself, John Gihon. Here is an excerpt of the 11th Circuit Cases. If anyone reading this newsletter has any suggestions, please contact me at John@slgattorneys.com or our editor, Bruce Buchanan at bbuchanan@visalaw.com

11th Circuit Decisions (June through August)

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Recently a concerned colleague sent a me a link to a bill that is under consideration in both the Florida House of Representatives and the Senate.

The crux of the bill is to make it illegal for immigrants to be in the State of Florida after they have a final order of deportation. For a copy of the bill follow these links:

https://www.flsenate.gov/Session/Bill/2016/0118/BillText/__/PDF

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Immigration and Customs Enforcement (ICE) has money to detain approximately 34,000 immigrants at any give time across the United States. Many of the ICE detainees are poor, uneducated immigrants with no hope to stay in the country legally, attorney or not. But many detainees, with or without legal status, have been educated in the U.S., have jobs, families and clear eligibility for relief from deportation. They are not flight risks or dangers to the community and will show up in Immigration Court because they want to stay in the country.

Many detained immigrants are eligible to be released on a bond, however, some are subject to mandatory detention and are not eligible for release. Either way, every detainee should have an attorney look over their case to makes sure the ICE officers and attorneys have brought the right charges, filed the right documents and can prove the case.

Unfortunately, many detained immigrants cannot afford to hire an immigration attorney to represent them during the entirety of a removal case. That is because a complete removal case, which includes bond proceedings, removability arguments and relief from deportation trials, is time-consuming, complicated and expensive.

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America has a long and proud history of offering safety and security to people around the world who are fleeing civil war, persecution and torture. Our country was offering a new start and protection to religious refugees as far back as the 17th Century. Recently, President Obama promised to take up to 10,000 Syrian refugees to help deal with the crisis of millions fleeing from Syria due to the multi-year civil war that has raged in that country.

I had the opportunity this week to speak on this important issue on television: https://www.youtube.com/watch?v=KaphUCd84zc

Taking in refugees from around the world is what America does, it is part of what makes us the greatest country in the history of the world. Because we can, we offer safety and security to people who have none in their home countries. Our laws cap the number of refugees we can take into the U.S. in a given year at 70,000. The 10,000 Syrians we have agreed to help is but a drop in the bucket, however, it is a great start.

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Matter of D-M-C-P-, 26 I&N Dec. 644 (BIA 2015); The Board decided that neither the Board, nor the Immigration Courts have jurisdiction to determine if a respondent was properly placed into Asylum-Only Proceedings pursuant to INA § 217. Once an immigration officer determined that an alien was subject to removal as a visa waiver violator, the only issue the Immigration Court or the Board could review is whether the alien qualified for asylum or withholding or deferral of removal. In addition, the Immigration Judge cannot dismiss properly-filed applications for relief from removal due to an alien’s failure to comply with the biometrics requirement pursuant to 8 C.F.R. § 1003.47(c), (d), unless the respondent was advised of the biometrics requirement, provided a deadline for complying and advised of the consequences for failing to comply.

Matter of M-A-F- et al., 26 I&N Dec. 651 (BIA 2015); The Board held that where a respondent has filed a second or substantially amended asylum application, it will be considered a new application, and the filing date of the later application is operative for determining if the provisions of the REAL ID Act of 2005 apply and if an asylum applicant has met the one-year filing deadline. The Court will conduct a case-by-case factual analysis to make this determination, however a second or amended asylum application that raises a new basis for asylum or amends a prior fraudulent application will be considered a new application rather than an amendment of the old one.

Matter of R-K-K-, 26 I&N Dec. 658 (BIA 2015); The Board held that an Immigration Judge may rely on documents and statements from another asylum case while making an adverse credibility determination. The Department may provide applications and evidence from another case in order to impeach the credibility of an applicant. The Immigration Judge may then rely on the similarities between the evidence in the two different cases to make an adverse credibility finding, so long as the Court: 1) gives the applicant meaningful notice of the similarities that are considered to be significant; 2) gives the applicant a reasonable opportunity to explain the similarities; and 3) considers the totality of the circumstances when making the credibility finding.

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