Florida Immigration Lawyer Blog

Georgia Bulldogs lose talented football player to tough immigration stance

Published on: February 7, 2012 | by Lasnetski Gihon Law

The Georgia Bulldogs learned first hand how tough immigration policies can lead to individual negative experience. Talented football recruit, Chester Brown, was heavily recruited to Georgia from his high school in Hinesville, Georgia. Chester was born in Samoa and brought to the United States by his family when he was a boy. He went to school in California and was moved to Hinesville by his family when violence was running rampant in California.

Chester enrolled in and went to school in Hinesville. He joined the football team and was an athletic standout. His dream was to become a Georgia Bulldog. The Georgia Bulldog’s dream was to have him. Just another American success story right?

The problem arose when a rule requiring every potential student to prove their lawful status in the United States was brought to light. Chester was a child when he came to the U.S. He had no documentation to prove his status. Chester’s family also were unable to provide the proper documentation. So, no Georgia Bulldogs for Chester. And no Chester for the Georgia Bulldogs.

U.S. Citizen Child Deported to Columbia

Published on: January 9, 2012 | by Lasnetski Gihon Law

An American citizen child was recently deported to Columbia because there was nothing to indicate that she wasn’t Columbian.

Fifteen year old Jakadrien Turner was born in Texas. She doesn’t speak Spanish. She and her family have no ties to Columbia. Yet, this little girl was physically deported from her home country to to the foreign land of Columbia in a perfect example of why government oversight is and should continue to be a prized and celebrated American attribute.

The child was arrested on a petit theft charge in Houston, Texas. She made the grave error to give law enforcement a false name and tell them that she was from Columbia. Apparently, that is all it takes for a wayward child to get deported from the United States and physically removed from the custody of the child’s parents.

U.S. Supreme Court to Review Arizona Immigration Law

Published on: December 13, 2011 | by Lasnetski Gihon Law

The United States Supreme Court has indicated that it will hear the State of Arizona’s appeal of a ruling that struck down the State’s law criminalizing the unlawful presence of aliens. By passing this state law, Arizona has challenged the federal position that immigration remains a federal issue and that the federal government has sole authority to legislate in the immigration arena.

The U.S. Supreme Courts decision will either pave the way for other states to follow Arizona’s lead, or will shut the door to Arizona and other states from encroaching on the federal government’s historic monopoly on immigration enforcement. This decision will have a dramatic effect on the lives of thousands of immigrants, both lawful and unlawful. It will also affect minority U.S. Citizens.

Many minorities and lawful immigrants have argued that Arizona’s law leads to racial profiling and harassment of both U.S. citizens and non U.S. citizens that are here lawfully. Arizona’s immigration law has led to state law enforcement officers increasing efforts to ferret out individuals who are here unlawfully. In doing so, those that are here lawfully are subjected to increased scrutiny. Imagine, as a U.S. citizen, having to account for your U.S. citizenship at every interaction with law enforcement or government agency. Having to respond to questions like, “Where’s your birth certificate? Is it certified? Why is your name mispelled? Why is your address incorrect?”

BIA Strikes Down Miranda-Like Warnings For Immigrants

Published on: November 2, 2011 | by Lasnetski Gihon Law

Jose, a lawful permanent resident, crosses the border into Mexico to retrieve his nephew, a citizen of Guatemala. Jose attempts to bring his nephew into the United States by using his son’s birth certificate for entry. Jose’s son is a U.S. citizen by birth. Jose is stopped at the border and interrogated by Customs agents. During this interrogation, Jose admits to using his son’s birth certificate to bring his nephew across the border. Jose is then issued a Notice to Appear before an Immigration Judge for a removal hearing. During the hearing, Jose moves to suppress his admission because the Customs agent failed to advise Jose that he had a right to hire a lawyer and that any statement that he made would be used against him in the removal proceedings. Is Jose right?

If Jose were charged with a criminal offense, his statements would be suppressed because the Customs agent violated his Miranda Rights. That is, Jose has a right to remain silent, the right to have an attorney present prior to and during any questioning, and the right to have an attorney appointed to him at no cost, if he can’t afford an attorney.

However, Jose was not charged with a crime. He was charged with being removable from the United States for violating the immigration laws. According to the Board of Immigration Appeals in Matter of E-R-M-F & A-S-M, 25 I&N Dec. 580 (BIA 2011), Jose was not entitled to any warnings until he was “placed in formal proceedings.” In other words, until the Notice To Appear was filed with the Immigration Court, which would be long after he was questioned, he is not entitled to be told that he has the right to an attorney being present, at his own cost, before any questioning.

Despite Prosecutorial Discretion Memo, Low Priority Immigrants Continue to Be Placed In Removal Proceedings

Published on: September 20, 2011 | by Lasnetski Gihon Law

Despite a relatively new ICE memorandum instructing authorities to prioritize their removal efforts of immigrants who are deemed to be inadmissible or removable, we are still seeing how authorities are resistant to change. ICE agents and attorneys continue to place low priority immigrants in removal proceedings. One example is that of Jennifer Lopez, a 21 year old who was brought to the United States when she was a child. She cares for her ill U.S. Citizen siblings. You can read about her here.

No Miranda Rights for Aliens

Published on: August 16, 2011 | by Lasnetski Gihon Law

The Board of Immigration Appeals recentely ruled that immigrants are not entitled to advisal of Constitutional Rights for purposes of immigration proceedings, until they are placed in actual removal proceedings. This means that when an ICE agent detains an immigrant, he or she is not required to read the immigrant Miranda-like warnings prior to questioning. You can find the BIA decision in Matter of E-R-M-F & A-S-M-, 25 I&N Dec. 580 (BIA 2011).

Record Number Deportations

Published on: July 26, 2011 | by Lasnetski Gihon Law

There were a record number of immigrants deported last year. Many were deported for relatively minor criminal infractions, including driving or driver’s license infractions and DUIs. The government is focusing more and more on deporting those with criminal convictions, including minor criminal convictions. The government deports lawful permanent residents (“greencard holders”) as well as those here unlawfully. This article underscores the importance of knowing what effect a plea of guilty or no contest, even to the most minor criminal offense, will have on an immigrant’s status in this country.

New ICE Memo Suggests Refocusing Deportation Efforts

Published on: June 24, 2011 | by Lasnetski Gihon Law

A new ICE memo issued this month advises ICE officials and Government attorneys to use their discretion in seeking deportation for non-citizens. While the memo suggests that the government officials should focus on deporting immigrants with criminal records and a history of immigration violations, it counsels officials to use discretion in which cases to prosecute, paying particular attention to those who have served in the military, those who came to the US when they were children, those with mental or physical disabilities, and others with positive factors. The question remains whether the soldiers on the line, i.e. ICE agents and government attorneys, will adhere to the memo. If you think you, or a loved one, might qualify for prosecutorial discretion, give us a call.

ICE arrests and seeks deportation of thousands in nationwide raid

Published on: June 22, 2011 | by Lasnetski Gihon Law

Operation “Cross Check” netted 2,400 arrests last month in a nationwide raid. The operation focused on those with outstanding deportation orders, those who had previously been deported and then returned, and those with past criminal convictions. This story underscores the importance of non-U.S. citizens, even greencard holders, in obtaining immigration assistance before entering a plea to any criminal charge. Even the most minor criminal conviction could be the basis for deportation for a lawful permanent resident. Lawful permanent residents often call our office after entering a plea of guilty to a criminal case and tell us that they believed that the conviction or withhold of conviction would not affect their immigration status only later to be served with a notice to appear charging them with removability. Many have been counseled by their criminal lawyers that there would be no negative immigration consequences. The law is extremely convoluted and complex relating to when and what criminal convictions will lead to removal of non-U.S. citizens. Read more about the raid here.

Lawful Permanent Resident May Be Deported Over Decade Old Misdemeanor

Published on: June 16, 2011 | by Lasnetski Gihon Law

A 55 year old woman who has lawfully lived in the United States since she was a baby is facing deportation based on a 2001 misdemeanor drug possession charge. ICE conducted a pre dawn raid on her home. She has lived her entire life in the United States and has no ties to Italy, her country of citizenship. Yet, she is subject to deportation based on an old minor criminal conviction. Read more here. Although there may be forms of relief available to her, this story illustrates the importance of taking every criminal charge seriously when you are not a U.S. citizen.