President Obama announced yesterday a vast expansion of the Deferred Action for Childhood Arrivals (DACA) program and a new form of deferred action for parents (DAP) of lawful permanent residents and United States citizens who entered the United States without authorization or have overstayed their visas. You may be able…
Articles Posted in Policy
U.S. Grants Temporary Protected Status for Liberia, Guinea & Sierra Leone
DHS Announces Temporary Protected Status Designations for Liberia, Guinea, and Sierra Leone. WASHINGTON- Due to the outbreak of Ebola virus disease in West Africa, Secretary of Homeland Security Jeh Johnson has announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months. As…
Attorneys Jeremy Lasnetski and John Gihon of Lasnetski Gihon Law to speak at AILA Central Florida’s Annual Immigration Conference
Jeremy Lasnetski and John Gihon, partners with Lasnetski Gihon Law, will be panelists on multiple topics this weekend at AILA Central Florida’s Annual Conference in Clearwater Beach, Florida. The 28th Annual Fall Conference, entitled, “Basics and Beyond at the Beach” is a two-day conference at the Hyatt Regency Clearwater Beach…
When Can I File a Motion to Terminate or Administratively Close My Removal Proceedings, Part II.
Last time I discussed the situations where an immigrant in removal proceedings could seek to terminate proceedings to avoid removal from the United States. Today I will discuss motions to administratively close proceedings. While a successful motion to terminate removal proceedings usually removes an alien from jeopardy of deportation, a…
When Can I File a Motion to Terminate or Administratively Close My Removal Proceedings, Part I.
For the poor unfortunate immigrant who finds themselves in removal proceedings, the process can be scary, confusing, and heartbreaking. Many immigrants are so intimidated by the removal process that they purposely fail to appear for court. The worst thing you can do if you are an immigrant who finds yourself…
I have an Order of Removal or Deportation, what can I do now?
Many non-citizens find themselves in this exact position at some point in their lives. Sometimes, they do not even know they have an order of removal or deportation until they apply for a green card or other immigration benefit. When you have an order of removal or deportation the last…
Administrative Removal?: Object Now or Forever Hold Your Peace (and get Deported)
Administrative Removal can be used to obtain an order of removal against almost any non-citizen, non-lawful permanent resident who has been convicted of an aggravated felony. Administrative removal can even be used against a condition lawful permanent resident, unless and until that person has the conditions of their permanent residency…
New Immigration Case May Open the Door to Asylum for Battered Spouses
The Board of Immigration Appeals delivered a published decision recently finding that certain female victims of domestic violence may be eligible for asylum in the United States. The Board’s decision in Matter of A-R-C-G, 26 I&N Dec. 388 (BIA 2014) held that “married women in Guatemala who are unable to…
When are the Immigration Consequences of a Criminal Conviction, “Truly Clear?”
The U.S. Supreme Court ruled in Padilla v. Commonwealth of Kentucky, 559 U.S. 356 (2010) that defendants have a Constitutional right to receive accurate advice from their criminal attorneys about the immigration consequences of any criminal conviction. The Florida Supreme Court has ruled that where the immigration consequences of a…
What Can and Should President Obama do about Immigration without Congress?
President Obama has said that if Congress failed to act to pass comprehensive immigration reform before the August Summer recess, he would be forced to take action on the matter. Many legal scholars and activists have chimed in on what they think the President should do and what they think…