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…
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…
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…
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…
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…
Here is the visa bulletin for June 2011. This bulletin is published by the Department of State and it summarizes the availability of visas as of June. The availability changes monthly and lets you know when your visa number becomes available. It also gives you an idea of the length…