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…
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…
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…
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…
A Minnesota Court of Appeals recently ruled in Campos v. Minnesota, that the Padilla decision should apply retroactively. The Padilla decision was a U.S. Supreme Court case, where the Court held that a defendant who was not advised or was improperly advised of immigration consequences could withdraw his or her…
The Florida Third District Court of Appeal recently ruled in Hernandez v. State, that the U.S. Supreme Court’s decision in Padilla v. Kentucky should not be applied retroactively. The Padilla Court held that a criminal defendant who entered a plea to a criminal charge, but was not properly advised, or…
The Board of Immigration Appeals narrowed the list of immigrants that can be deported in their decision, Matter of Alyazji, 25 I&N Dec. 397 (BIA 2011). The law states that an alien can be deported if he or she commits a crime involving moral turpitude less than 5 years after…
Baker County’s new detention facility is now hosting satellite video removal hearings. The Judge and government attorney are still located in the closest immigration court in Orlando. However, through video conferencing, the client and attorney may appear by video at the Baker County Detention Facility, instead of the client being…
In Padilla v. Kentucky, 599 U.S. ___, 130 S.Ct. 1473 (2010), the United States Supreme Court held that when a non U.S. citizen is either inproperly advised or not advised of the immigration consequences of the plea of guilty or no contest to a criminal charge, the conviction may be…