Removal/Deportation

THE NEW ORLANDO IMMIGRATION COURT HAS OPENED, I WENT THERE AND HERE IS WHAT I LEARNED.

Published on: March 27, 2024 | by Lasnetski Gihon Law

The Orlando Immigration Court has finally moved to the new space in downtown Orlando! This move was years in the making and is a welcome expansion and modernization from the old building where the court has been for over a decade. The address for the new building is 500 N. Orange Avenue, Suite 1100, Orlando, Florida 32801. The new building is shared with the Social Security Administration and the SSA signage on the building is very prominent. But do not be fooled, the Orlando Immigration Court and the Department of Homeland Security’s Office of the Principal Legal Advisor (OPLA-the ICE attorneys) are both located in the building.

Finding the Orlando Immigration Court and Parking

The entrance to the Orlando Immigration Court is on the southeast corner of the building on North Orange Avenue and the entrance doors have multiple DOJ (U.S. Department of Justice) Emblems on the doors so you know where to enter. The Immigration Court is administered by the Executive Office of Immigration Review (EOIR) which is part of the Department of Justice, just in case you are wondering why there are DOJ signs on the door. Parking is an issue. There is a small surface lot with an entrance off of Amelia Street just west of Orange Avenue. That lot has about 20 or so spaces and there is a fee to park there. I am told there are additional paid spaces in the parking garage attached to the building, but they may be hard to locate. Luckily, there are parking meters on both sides of Orange Avenue with a two-hour time limit that provides for additional parking in front of the court. The meters accept credit cards, but some are not working. There is a large vacant lot across from the court in between Orange Avenue and Magnolia Avenue and it is fenced but has multiple entrances. There is no fee to park in that lot (at least for now) and there is an exit from that lot onto Orange Avenue so that you can walk directly to the immigration court from the lot.

I APPLIED FOR CITIZENSHIP OR A GREEN CARD AND FOUND OUT I HAVE AN ORDER OF REMOVAL OR DEPORTATION, WHAT DO I DO NOW?

Published on: December 18, 2023 | by Lasnetski Gihon Law

It happens way more often than you would think. A person applies for lawful permanent resident status (also known as a green card) and during the process they find out they are not eligible because there is an order of removal or deportation in their file. Sometimes, a person with an order of removal can obtain lawful permanent resident status because of an oversight by USCIS, but when the same person applies for U.S. citizenship, they are denied because of the old order of removal. Most of the time, the person has no idea they were in immigration court removal proceedings or that they had an order of removal. Many times, that order of removal was issued by an immigration judge because the person did not show up for court, usually because they had no idea they were scheduled to appear for court. In either scenario, there is a solution . . .a motion to reopen.

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We are contacted all the time by people who had I-485 Applications to Adjust Status denied or closed because of an outstanding removal order. Sometimes the caller knows they had the order of removal already, but many times they had no idea. We also receive calls from people who have green cards for years and then applied for citizenship and were denied because USCIS sees an old order of removal in their file. The good news is, there is a solution.

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We have been successful in numerous cases going back to reopen and terminate or dismissing the old immigration court cases. Once the old case is reopened, the order of removal is gone and if the case is terminated or dismissed, we refile for lawful permanent residence or citizenship and the path is now clear for success.

WHAT DOES THE U.S. SUPREME COURT’S RECENT IMMIGRATION DECISION IN U.S. V. TEXAS MEAN FOR NON-CITIZENS?

Published on: July 13, 2023 | by Lasnetski Gihon Law

On June 23, 2023, the U.S. Supreme Court issued its long-awaited immigration opinion in the case of U.S. v. Texas. The justices agreed 8-1 that the states who filed the lawsuit against the federal government over what the states perceived as the non-enforcement of immigration laws could not sue the government in this case. The eight justices disagreed on exactly why the federal courts could not handle this case and give the states what they wanted, but all eight agreed that the lower courts were wrong in getting involved in this matter.

So, what was U.S. v. Texas about and how does this decision affect non-citizens in the United States? In 2021, the Secretary of the Department of Homeland Security, Alejandro Mayorkas, issued a memo regarding what types of cases the federal immigration officers should focus their efforts on for detention and removal from the United States. By listing groups of non-citizens who immigration officers were to focus on, this automatically created a group of non-citizens who became “non-priorities.” Multiple states like Texas did not like the “Mayorkas Memo” and sued in federal court to stop the federal immigration officers from using this memo in making detention and removal decisions. The first two federal courts who heard the case agreed that states like Texas were harmed by immigration officers prioritizing certain non-citizens for removal and thereby potentially ignoring other non-citizens who were subject to detention and removal but were not priorities. The courts initially stopped the Department of Homeland Security from using the memo in immigration enforcement decisions.

The Mayorkas memo remained sidelined until the Supreme Court decided that NO court has jurisdiction to even hear this case, let alone strike down the Mayorkas Memo. The Supreme Court held that the federal courts were not the place for states to sue the federal government to force them to use their “prosecutorial discretion” to detain and deport every non-citizen they could. The Supreme Court listed multiple other ways that this perceived non-enforcement or prosecutorial discretion issue could be addressed, including through elections and in the Congressional oversight and funding context.

I Was Granted Parole and I am in the United States; Now what do I do?

Published on: May 26, 2023 | by Lasnetski Gihon Law

The U.S. Department of Homeland Security recently announced that its special parole program for Cuban, Haitian, Nicaraguan and Venezuelan nationals has become so popular that demand has far exceeded availability and DHS would start using a lottery system to choose who would receive parole. This program, which began in early 2023, has allowed nationals of these countries to seek parole to lawfully enter the United States if they meet certain requirements.

Qualified beneficiaries who are outside the United States and lack U.S. entry documents may be considered, on a case-by-case basis, for advanced authorization to travel and a temporary period of parole for up to two years for urgent humanitarian reasons or significant public benefit. To participate, eligible beneficiaries must:

Have a supporter in the United States;

Florida’s New Immigration Laws Summarized: Statute by Statute

Published on: May 9, 2023 | by Lasnetski Gihon Law

Although no announcement has been forthcoming, the worst kept secret in the American political arena is the impending run of Florida Governor Ron Desantis for office the President of the United States. As he ratchets up support to begin his battle with Donald Trump during the Republican primary, Governor Desantis has pushed through a bill in the Florida House and Florida Senate that looks a lot like federal congressional legislative action.

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HB 1718/SB 1718, colloquially known as Florida’s immigration bill, or Florida’s anti-immigration bill (depending on who you ask), passed both houses of Florida’s government and is expected to become the law of the land in Florida on July 1, 2023. Supporters say it gives teeth to federal laws immigration laws that are being ignored by the current administration. Detractors say it usurps federal authority, negatively impacts Florida communities, and will have a chilling effect on vulnerable people who need medical attention. So what does the law actually say?

Florida’s new immigration law isn’t really just one new law. It is actually a conglomeration of laws adding and subtracting from different existing statutes all aimed at achieving the same goal: targeting individuals who are in the State of Florida who do not have any lawful immigration status.

The U.S. Supreme Court’s recent decision in Niz-Chavez could mean new hope for thousands of long-term residents who are out of status.

Published on: May 20, 2021 | by Lasnetski Gihon Law

The U.S. Supreme Court recently issued a decision in Niz-Chavez v. Garland that could help thousands of people who have been in the U.S. for over a decade and who do not have lawful immigration status. The exact people who are helped by this decision are people who are or were in immigration court removal proceedings and are eligible for a form of relief called Cancellation of Removal for Certain Non-Permanent Residents. This decision can help people who have been in the U.S. for more than a decade, have good moral character and who have a close relative who has lawful immigration status and who will suffer greatly if they are deported. There are other requirements for Cancellation of Removal which are outlined below.

WHO WILL BE HELPED BY THIS DECISION?

If you are or were in immigration court removal proceedings and you would be eligible for Cancellation of Removal, but immigration officers sent you a document called a Notice to Appear less than 10 years after you entered the U.S., this decision could be a game changer for your case. Why? Because in 2018, the Supreme Court said in a decision called Pereira v. Sessions that if the Notice to Appear you received does not have the time, date and location of your first Court hearing, then it is legally deficient. Why is that important? Because of something called the stop time rule. The stop time rule says that if you are otherwise eligible for Cancellation of Removal, but you are sent an NTA before you have been then the U.S. for the required 10 years, then you are not eligible for Cancellation of Removal. That is because receiving an NTA stops the clock on your 10 years of physical presence in the U.S., which is required to qualify for Cancellation.

PRESIDENT TRUMP ANNOUNCED DEFERRED ENFORCED DEPARTURE FOR VENEZUELANS, WHAT DOES THAT MEAN?

Published on: January 20, 2021 | by Lasnetski Gihon Law

On his last full day as President, Donald Trump issued a “Memorandum on Deferred Enforced Departure for Certain Venezuelans.” There is much confusion about what this means for Venezuelan citizens in the United States. USCIS, the agency that handles applications for immigration benefits like Deferred Enforced Departure (DED), has not yet issued guidance or instructions for how to apply for Deferred Enforced Departure. However, other countries and regions have benefited from Deferred Enforced Departure in the past and that can provide guidance for how Venezuelan Deferred Enforced Departure will be rolled out by the Department of Homeland Security.

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Here is what we do know about Venezuelan Deferred Enforced Departure:

It will last for at least 18 months and can be renewed;

Multiple DUI Convictions May Prevent Naturalization or Relief from Deportation

Published on: November 6, 2019 | by Lasnetski Gihon Law

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A new decision, Matter of Castillo-Perez, 27 I&N Dec. 664 (A.G. 2019), released by the Attorney General has created a rebuttable presumption that a person with multiple DUI convictions during the relevant time period does not have “good moral character.” This means that if a person had old DUI convictions and has rehabilitated themselves, it still will not be enough to establish “good moral character.”

What is “good moral character?”

In certain situations, a non-citizen must prove that he or she has “good moral character.” For example, if a lawful permanent resident wants to become a United States Citizen, he or she will apply for naturalization and must establish that he or she has had good moral character for the past 3 or 5 years, depending on which provision of law they are applying under. Also, a person that entered the U.S. without inspection and who is placed in removal (deportation) proceedings, may be eligible to have their removal cancelled (“cancellation of removal”) if they meet certain requirements. One of those requirements is to prove that he or she has had good moral character for the last 10 years.

An Immigration Lawyer Answers: What is Cancellation of Removal?

Published on: February 21, 2018 | by Lasnetski Gihon Law

A criminal conviction can make you deportable. It doesn’t matter how long you’ve been in the United States. It doesn’t matter how good a person you are. It doesn’t matter if you have never been to the country of which you are a citizen. The law is cut and dry when it comes to whether you are deportable. If you have been convicted of certain crimes, you are deportable. But…there is good news. Whether you are deportable is only the first part of the analysis. Once an immigration judge determines that you are deportable, he or she must next determine whether you are eligible for any forms of relief from deportation. This is where your lack of prior criminal record, how good of a person you are and other factors may come into play. However, you must meet certain eligibility criteria in order to be eligible for each different form of relief. Today, I want to focus on one particular, and often used, form of relief: Cancellation of Removal.

What is Cancellation of Removal?

Cancellation of Removal is a form of relief from deportation. Once the judge has determined that you are deportable, the judge can cancel that removal if you qualify. It basically wipes the slate clean and you are able to keep your greencard, or you may be able to obtain a greencard, even if you entered without any documents. The bad news is that for several of the requirements, you either are or you are not eligible, and there may be nothing you can do to become eligible if you don’t qualify.

What Is The Folkston Immigration And Customs Enforcement Processing Center and How Do I Help Someone Detained There?

Published on: April 28, 2017 | by Lasnetski Gihon Law

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You have a family friend or relative who has made the perilous journey to come to the United States seeking protection from persecution and harm in their home country. They made it halfway across the world through multiple other countries just for the chance to come to the U.S. and request asylum and a safe, better future. They either walked up to the border with Mexico and asked for asylum or came over the border and were caught by Border Patrol. Your friend or family member told the U.S. immigration officers about a history of harm or persecution they’ve endured in India, Pakistan, Nepal, Colombia, Venezuela, Somalia or one of a dozen other countries currently facing political and social strife. The immigration officer heard their account of what happened and said, “welcome to the United States, here is an order of removal and we will keep you in jail until we can deport you.”

This scenario is happening on a daily basis to hundreds of people seeking refuge and asylum here in the U.S. People who are seeking protection and safety are detained at the Mexican border and shipped to one of a dozen or more detention facilities across the country to have their immigration cases heard by an immigration judge. One of those detention facilities is in Folkston, Georgia and asylum-seekers are arrested and detained at the U.S. border on a daily basis and sent directly to Folkston.

WHAT IS THE FOLKSTON ICE PROCESSING CENTER?