General Immigration

Lawful Permanent Residents can be found inadmissible to the U.S. for crimes for which they have not yet been convicted.

Published on: July 9, 2014 | by Lasnetski Gihon Law

In a recent decision, the U.S. Court of Appeals for the Fifth Circuit held that the Government might rely on subsequent convictions to prove that a returning lawful permanent resident (LPR) is applying for admission and is removable from the U.S.

In this case, Maria Luz Munoz was a long-time LPR of the United States. In June of 2010, Ms. Munoz struck another woman with a club in a fight. Ms. Munoz was not arrested immediately for this crime. In December 2010, Ms. Munoz traveled to Mexico for a medical procedure and during her attempt to re-enter the U.S., she learned that she had a warrant for her arrest relating to the June incident. Customs and Border Protection (CBP) Officers did not allow Ms. Munoz to re-enter the U.S. as an LPR; rather, they paroled her into the country for prosecution and turned her over to the local authorities on her arrest warrant. Ms. Munoz was subsequently convicted of the crime. CBP officers then placed her in removal proceedings, arguing that she was inadmissible to the U.S. during her December 2010 entry, as she had been convicted of a crime involving moral turpitude.

Ms. Munoz argued that she was not properly paroled into the U.S. upon her return from Mexico, as she had not yet been convicted, or even arrested for a crime. The Circuit Court determined that the Government properly considered Ms. Munoz an arriving alien and paroled her into the U.S. The Court reasoned that it was enough that the Government believed that she had already committed the crime for them to consider her an arriving alien and to parole her in. Her subsequent conviction for the offense simply confirmed what the Government already believed, that she was inadmissible for having committed a crime involving moral turpitude.

My loved one has been detained by immigration officers, what can an attorney do for us?

Published on: June 30, 2014 | by Lasnetski Gihon Law

When U.S. immigration officers arrest someone, the hours, days and weeks that follow can be some of the most confusing, frightening but important times of their lives. The decisions that someone makes during this time can possibly mean the difference between staying in the U.S. with your loved ones or being deported and possibly never seeing them again.

When immigration officers encounter someone who they believe is in the U.S. in violation of the immigration laws, one of the first decisions they make is whether or not to detain the person in an immigration detention facility. If immigration officers decide not to detain the person, then this fortunate non-citizen is given an order of recognizance, or an Oreck (O-Reck) as the officers call it. When someone is on an ORec, they have to report periodically to immigration officers while their case is pending in immigration court.

If the immigration officers decide to detain someone, they first determine if the person is eligible for an immigration bond, and if so, they will decide how much the bond will be. An immigration bond can range anywhere from $1500 to $25,000 or more. If an immigration officer determines that you are not eligible for a bond, then you will be held in immigration detention until your cases is over, an immigration officer decides to release you or an immigration judge gives you a bond.

The Orlando Immigration Court handles cases for people detained at the Baker County Jail

Published on: June 23, 2014 | by Lasnetski Gihon Law

The Orlando Immigration Court handles immigration cases for almost every non-citizen who lives in 57 of Florida’s 67 counties. Every person in removal proceedings who lives north of Charlotte County on the west coast of Florida and Martin County on the east coast, will likely have their immigration hearing in the Orlando Court. The Orlando Immigration Court is located at 3535 Lawton Road, Suite 200, Orlando, Florida. The Court is just north and east of downtown Orlando, near the Fashion Square Mall.

The Orlando Immigration Court currently has six Immigration Judges who each handle non-detained removal cases. Judge Rafael Ortiz-Segura is the senior judge, and there are five other judges in Orlando. They are, Victoria Ghartey, Daniel Lippman, Kevin Chapman, James Grim and Stuart Karden. Only one Immigration Judge currently handles detained immigration cases, that is, senior judge, Ortiz-Segura.

The Orlando Immigration Court handles primarily non-detained immigration cases, however, the Court handles detained immigration cases for people detained at the Baker County Jail, in MacClenny, Florida. The Baker County Jail is located about 30 minutes west of Jacksonville, Florida. The Baker county jail holds only non-citizens who have been arrested for, or convicted of crimes. The Orlando Immigration Court holds televideo hearings with detainees from the Baker County Jail appearing on a television screen in the courtroom in Orlando. Detainees at the Baker County Jail can have attorneys appear at the jail with them for all but the final individual hearing on any application for relief from removal. If a detainee has an individual hearing on an application for relief, their attorney and witnesses will need to appear live at the Orlando Immigration Court.

Your Rights to Confidentiality when you Apply for Asylum and other forms of Protection.

Published on: June 20, 2014 | by Lasnetski Gihon Law

The confidentiality of an asylum claim is a common concern for people in the United States who have filed an I-589 Application for Asylum. One person asked me if local law enforcement officers, who were interviewing him about a crime, would know that he applied for asylum and then use that information against him. Other asylum-seekers are worried that the government in their home countries, who is often the entity the person fears, will find out that they applied for asylum and harm them or their families.

The U.S. laws about to whom DHS (which includes USCIS, ICE, and CBP) can disclose that you have filed an asylum application is very strict. In addition, the consequences against a government official who illegally disclosed confidential asylum information are serious.

8 C.F.R. § 208.6 and 1208.6 regulate asylum-related confidentiality issues. These regulations forbid the disclosure by the U.S. government to a third party of any information or documents related to a number of different forms of immigration relief or “protection.” These include asylum claims and credible or reasonable fear reviews. By law and policy, the DHS has expanded this protection to include any application for asylum, withholding of removal (INA § 241), protection under Article III of the Convention Against Torture, refugee status (INA § 209), and any claim of fear that is referred to USCIS for a credible fear or reasonable fear review.

My Spouse, Parent, Child, or Employee was arrested by ICE; What do I do now?

Published on: June 18, 2014 | by Lasnetski Gihon Law

This is a common question for tens of thousands of people every year in the United States whose loved ones or employees are arrested by immigration officers. The question can come up in many different contexts: “my son was arrested for grand theft, but now he is detained by Immigration,” or “my dad was pulled over for not having a license, now Immigration has him,” or “my husband went to his immigration interview and ICE arrested him,” or “my employee was coming back from a short trip out of the country and they arrested him at the port.”

In Florida, if your loved one was arrested by Immigration Officers, they can be detained in one of multiple ICE detention facilities across the state. If ICE detainees the person in Central or North Florida, they will likely be detained in the Wakulla County Jail just south of Tallahassee or the Baker County Jail just west of Jacksonville. If your loved one was detained in South Florida, they will likely be sent to the Broward Transitional Center (BTC) just north of Ft. Lauderdale, the Kreme Service Processing Center (Krome SPC), west of Miami, or the Glades County Jail, southwest of Lake Okeechobee.

One way to find out where your loved one is detained by ICE is to check the ICE Online Detainee Locator System at https://locator.ice.gov/odls/homePage.do

ICE can remove you from the U.S. before you ever see an Immigration Judge.

Published on: June 16, 2014 | by Lasnetski Gihon Law

The American Immigration Lawyer’s Association (AILA) recently posted an article on what they referred to as “No-Process Removals.” Click here to read the article.

A “no-process” removal is one where an alien receives an order of removal (deportation) not from an Immigration Judge, but rather, from an Immigration Officer who works for the U.S. Immigration and Customs Enforcement (ICE).

These methods of removal can take many forms, including, but not limited to, expedited removal under INA § 235(1)(b); reinstatement of removal under INA § 241(a)(5); administrative removal under INA § 238(b); and visa waiver removal under INA § 217(b). When ICE decides to remove an alien through one of these methods, there is no neutral party (Immigration Judge) to review the evidence and determine if ICE has carried its burden to establish that the alien is removable from the United States by clear and convincing evidence. In addition, an alien’s family ties, work and educational history, ties to the community, hardship to the alien’s family if they are removed, and other positive discretionary factors are irrelevant.

Know Before You Go: Issues for Non U.S. Citizens Leaving the U.S.

Published on: December 13, 2013 | by Lasnetski Gihon Law

Navigating the stormy waters of the Immigration and Nationality Act can be a hazardous proposition for even the most experience immigration lawyers. But for immigrants not familiar with the American immigration system, it can be downright treacherous. Take for example the distinction between removability and inadmissibility.

Admissibility relates to the admission of non U.S. citizens into the United States at ports of entry. In other words, when an immigrant is at the door and knocking to come in. Section 212 of the Immigration and Nationality Act tells Customs and Border Protection Agents when and when not to let these immigrants into the United States.

When a non U.S. citizen is already inside the United States, removability relates to when the government can deport that person. Section 237 of the Immigration and Nationality Act tells government officials when a person can be removed from the United States.

Avoid These Immigration Pitfalls

Published on: September 21, 2012 | by Lasnetski Gihon Law

Immigration law is one of the most complex and evolving areas in the American legal system. Immigration law is administrative and thus allows for a great deal of discretion by those in authority. It is extremely important for immigrants to understand some common pitfalls that can have serious negative immigration consequences. The consequences can be severe, leading to incarceration and deportation, even for lawful permanent residents who have lived here their entire lives. The following are a few pitfalls that clients have fallen into along the way.

1) Change your residence with the AR-11 Form within 10 days of moving.

Under INA Section 265(a), “Each alien required to be registered under this title who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.”