Florida Immigration Lawyer Blog

Eleventh Circuit Upholds Denial of Asylum Claim

Published on: August 27, 2021 | by Shorstein, Lasnetski & Gihon

The Eleventh Circuit recently denied a petition for review of a decision of the Board of Immigration Appeals, effectively ending a Sri Lanka citizen’s asylum case. In Senthooran Murugan vs. U.S. Attorney General, No. 19-13715 (August 24, 2021), a Sri Lankan citizen, Senthooran Murugan, fled Sri Lanka and entered the United States with the intent to seek asylum. He was issued a notice to appear in removal proceedings and his case was heard before an immigration judge.

During the removal hearing, Mr. Murugan applied for asylum, withholding of removal and CAT (Convention against Torture) relief. Mr. Murugan testified that he had been persecuted based on his membership in a particular social group (Tamils) and based on imputed political opinion. Mr. Murugan testified that he had been arrested on three occasions in Sri Lanka and on one occasion he was held for four hours and slapped and kicked by soldiers. Mr. Murugan testified that he thought he was going to die.

The immigration judge denied Mr. Murugan’s asylum, withholding and CAT claims and ordered him removed. Mr. Murugan appealed to the Board of Immigration Appeals, who affirmed the immigration judge’s decision. Mr. Murugan then appealed to the Eleventh Circuit Court of Appeals.

What is a Petition for Review and how can it help my immigration case?

Published on: August 16, 2021 | by Shorstein, Lasnetski & Gihon

What is a Petition for Review?

A petition for review (PFR) is a pleading that you may file in federal Circuit Court if you disagree with a decision regarding a removal or deportation order issued by the Board of Immigration Appeals or U.S. Immigration and Customs Enforcement. In most cases, you cannot appeal a decision of an immigration judge directly to the Circuit Courts, you have to appeal to the BIA first and then if you lose, you can file a PFR with the Circuit Court.

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Can I File a Petition for Review?

A New Asylum Office has opened in Tampa, Florida

Published on: July 27, 2021 | by Shorstein, Lasnetski & Gihon

USCIS—the government agency that receives most of the country’s asylum applications—has opened a new office in Tampa, Florida. Before this happened, everyone who was not in immigration court and who applied for asylum in the entire state of Florida had to go to Miami for their asylum interview. Sure there were exceptions, on occasion, asylum officers would go to Jacksonville, Florida to conduct interviews, but those interviews were few and far between.

Now, people from Pensacola to Jacksonville to Tampa no longer have to make the long and expensive trip to Miami for an asylum interview. Now, people from the Tampa Bay area, parts of Central and all of North Florida will head to Tampa for their interviews to see if they will be granted asylum. This is great news for everyone involved. This will make it easier for asylum applicants to travel to their interviews, this will make asylum interviews happen more frequently for all Floridians as there are now two offices and more officers conducting interviews. This will also make it more cost-effective for asylum applicants to bring their attorneys to their asylum interviews.

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USCIS has not yet released all the details or the exact geographical boundaries for the Tampa asylum office. What we do know is they are already open as of June, 2021 and they are already conducting interviews. The office is in the same building as ICE, so if you have been reporting to the Tampa ICE office for check-ins and you are called for an asylum interview, you will go to the same building. The address of the office is 524 W Cypress St, Tampa, Florida, 33607 right near the Tampa International Airport.

What is Prosecutorial Discretion in Immigration Court and can it help me?

Published on: July 15, 2021 | by Shorstein, Lasnetski & Gihon

What is Prosecutorial Discretion?

Prosecutorial discretion is the authority of government immigration agencies to determine how to use its resources (tax payer’s money) to enforce the law. This means that ICE attorneys may choose not to pursue certain immigration enforcement actions, such as arrests, detentions, or deportations, in particular cases.

How can Prosecutorial Discretion Help Me?

NEW TEMPORARY PROTECTED STATUS FOR HAITI!

Published on: May 24, 2021 | by Shorstein, Lasnetski & Gihon

TPS is back for citizens of Haiti! USCIS announced that as of Friday May 21, 2021, Haitians in the United States may qualify for Temporary Protected Status, also known as TPS.

https://www.dhs.gov/news/2021/05/22/secretary-mayorkas-designates-haiti-temporary-protected-status-18-months

WHO WILL QUALIFY FOR THE NEW HAITIAN TPS?

The U.S. Supreme Court’s recent decision in Niz-Chavez could mean new hope for thousands of long-term residents who are out of status.

Published on: May 20, 2021 | by Shorstein, Lasnetski & Gihon

The U.S. Supreme Court recently issued a decision in Niz-Chavez v. Garland that could help thousands of people who have been in the U.S. for over a decade and who do not have lawful immigration status. The exact people who are helped by this decision are people who are or were in immigration court removal proceedings and are eligible for a form of relief called Cancellation of Removal for Certain Non-Permanent Residents. This decision can help people who have been in the U.S. for more than a decade, have good moral character and who have a close relative who has lawful immigration status and who will suffer greatly if they are deported. There are other requirements for Cancellation of Removal which are outlined below.

WHO WILL BE HELPED BY THIS DECISION?

If you are or were in immigration court removal proceedings and you would be eligible for Cancellation of Removal, but immigration officers sent you a document called a Notice to Appear less than 10 years after you entered the U.S., this decision could be a game changer for your case. Why? Because in 2018, the Supreme Court said in a decision called Pereira v. Sessions that if the Notice to Appear you received does not have the time, date and location of your first Court hearing, then it is legally deficient. Why is that important? Because of something called the stop time rule. The stop time rule says that if you are otherwise eligible for Cancellation of Removal, but you are sent an NTA before you have been then the U.S. for the required 10 years, then you are not eligible for Cancellation of Removal. That is because receiving an NTA stops the clock on your 10 years of physical presence in the U.S., which is required to qualify for Cancellation.

My N-400 Application for Naturalization was denied, what can I do now?

Published on: March 24, 2021 | by Shorstein, Lasnetski & Gihon

If my N-400 Application for Naturalization (U.S. Citizenship) has been denied by USCIS, what should I do now, what can I do now? What chances do I have to still become a U.S. citizen? What will happen next? Will I be deported? Do I lose my status and my green card?

These are all very common questions that lawful permanent residents ask themselves after they receive a denial letter after an N-400 citizenship interview. Receiving a denial letter from USCIS telling you that you will not become a citizen may be heartbreaking to people who have held a life-long dream to become a U.S. citizen. But an N-400 denial letter is often not the end of the road and there are many options available to people who receive an N-400 denial letter.

The first thing to remember is that you do not only get one opportunity to apply for U.S. citizenship. That’s right, even if you are denied, most of the time, you can reapply; you do not get just one bite at the apple. So depending on why you were denied, you may be able to wait a few days, months or years and apply again.

TEMPORARY PROTECTED STATUS FOR VENEZUELA IS FINALLY HERE!

Published on: March 10, 2021 | by Shorstein, Lasnetski & Gihon

It has finally happened, USCIS announced that as of Monday, March 8, 2021, Venezuelans in the United States may qualify for Temporary Protected Status, also known as TPS.

WHO WILL QUALIFY FOR VENEZUELAN TPS?

As I thought, here are the TPS requirement for Venezuelans:

TEMPORARY PROTECTED STATUS FOR VENEZUELANS IS COMING!

Published on: March 8, 2021 | by Shorstein, Lasnetski & Gihon

It has finally happened, President Biden is set to announce that as of Monday, March 8, 2021, Venezuelans in the United States may qualify for Temporary Protected Status, also known as TPS.

WHO WILL QUALIFY FOR VENEZUELAN TPS?

The exact requirements for Venezuelan TPS have not yet been published (they should be soon), but based upon the TPS law and past TPS announcements, here is what I anticipate will be the TPS requirement for Venezuelans:

PRESIDENT TRUMP ANNOUNCED DEFERRED ENFORCED DEPARTURE FOR VENEZUELANS, WHAT DOES THAT MEAN?

Published on: January 20, 2021 | by Shorstein, Lasnetski & Gihon

On his last full day as President, Donald Trump issued a “Memorandum on Deferred Enforced Departure for Certain Venezuelans.” There is much confusion about what this means for Venezuelan citizens in the United States. USCIS, the agency that handles applications for immigration benefits like Deferred Enforced Departure (DED), has not yet issued guidance or instructions for how to apply for Deferred Enforced Departure. However, other countries and regions have benefited from Deferred Enforced Departure in the past and that can provide guidance for how Venezuelan Deferred Enforced Departure will be rolled out by the Department of Homeland Security.

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Here is what we do know about Venezuelan Deferred Enforced Departure:

It will last for at least 18 months and can be renewed;