Removal/Deportation

New Published Decision from the Board of Immigration Appeals

Published on: December 19, 2014 | by Lasnetski Gihon Law

The Board of Immigration Appeals recently issued a published decision that will effect many non-citizens who have been in the United States for many years. The Board’s decision in Matter of Velasquez-Cruz, 26 I&N Dec. 458 (BIA 2014) held that a non-citizen who is arrested and convicted of illegal entry into the United States pursuant to 8 U.S.C. s 1325, and subsequently leaves the country, may not be eligible for cancellation of removal under INA s 240A(b).

Typically, a non-citizen can obtain a green card if they are in removal proceedings and they have been in the United States for more than 10 years, have no disqualifying criminal convictions, have good moral character, and have a U.S. citizen or lawful permanent resident child, spouse or parent who would suffer exceptional and extremely unusual hardship if they were deported. This is called cancellation of removal. The 10 years in the United States can be stopped, and therefore a non-citizen disqualified from cancellation of removal, if they have departed the United States for a total of six monthy over the 10 years or more than 90 days during any one trip abroad. Typically, a short departure from the U.S. during the 10 year period, so long as it was not under the threat of deportation, will not disqualify someone from cancellation of removal.

The Board’s decision in Velasquez-Cruz changes those typical rules. Ms. Velasquez-Cruz was in the United States for over 15 years when she was arrested shortly after returning illegally to the U.S. after a short trip to Mexico. The U.S. Attorney’s Office decided to prosecute her for illegally entering the United States. She was convicted, but never turned over to U.S. Immigration and Customs Enforcement for removal. Rather, she left the United States after the conviction and then returned shortly thereafter. Ms. Velsquez-Cruz was never formally or informally deported from the U.S.

SLG Attorney John Gihon talks about President Obama’s Immigration Executive Action on “Orlando Matters” TV Show

Published on: December 4, 2014 | by Lasnetski Gihon Law

John Gihon, partner with Lasnetski Gihon Law (SLG) will appear on the television show “Orlando Matters,” at 7 a.m. this Saturday, December 6, 2014. The program will air on WRBW-Channel 65 in Orlando.

Fox 35 Orlando’s John Brown will host the show where current SLG attorney and former Department of Homeland Security, Immigration and Customs Enforcement Senior Attorney John Gihon discusses how Obama’s executive action on immigration will affect the issue in the long term.

President Obama announces a new Deferred Action Program – DAPA (Deferred Action for Parental Accountability)

Published on: November 26, 2014 | by Lasnetski Gihon Law

President Obama recently announced a new Deferred Action Program for people who are in the United States without lawful immigration status. This new Program is called DAPA, or Deferred Action for Parental Accountability

If you qualify for this program you may be able to get a work permit, a driver’s license and be shielded from deportation for three (3) years at a time, with the opportunity to reapply.

If you have been in the U.S. without lawful immigration status for at least 5 years and you have a child who is a U.S. citizen or lawful permanent resident, you may be eligible for this new Deferred Action Program.

President Obama Expands DACA-Deferred Action for Childhood Arrivals

Published on: November 25, 2014 | by Lasnetski Gihon Law

DACA has been expanded by President Obama in his Executive Order of November 20th, 2014 to include individuals of all ages (not limited to those under 31 as of June 15, 2012) and for those who have continuously resided in the United States since January 1st, 2010.

People who entered the United States without authorization between June 15th, 2007 and January 1st, 2010, may now be eligible for DACA.

People who are 31 years old or older, but otherwise qualify, may now be eligible for DACA.

President Announces expanded DACA Program and a new Deferred Action for Parents (DAP) Program

Published on: November 21, 2014 | by Lasnetski Gihon Law

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 to obtain employment authorization and a driver’s license if you qualify. Deferred action will also give you the piece of mind that you will not be arrested by ICE or any law enforcement because you are not in lawful immigration status.

Details of the new deferred action program are still being finalized and applications will not be accepted immediately. However, we can begin the process of determining eligibility and preparing the application now.

U.S. Grants Temporary Protected Status for Liberia, Guinea & Sierra Leone

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

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 a result, eligible nationals of Liberia, Guinea, and Sierra Leone who are currently residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notices provide details and procedures for applying for TPS and are available at www.uscis.gov/tps.

The TPS designations for the three countries are effective Nov. 21, 2014 and will be in effect for 18 months. The designations mean that eligible nationals of Liberia, Guinea, and Sierra Leone (and people without nationality who last habitually resided in one of those three countries) will not be removed from the United States and are authorized to work and obtain an Employment Authorization Document (EAD). The 180-day TPS registration period begins Nov. 21, 2014 and runs through May 20, 2015.

Recent Published Board of Immigration Appeals Decision

Published on: November 17, 2014 | by Lasnetski Gihon Law

Summary of Recent Published BIA Decisions:

Matter of Munroe, 26 I&N Dec. 428 (BIA 2014); The Board held that when an alien applies for a waiver pursuant to INA § 216(c)(4)(A) (I-751 waiver petition under extreme hardship theory) the only period relevant for the determination of whether the requisite hardship exists is the 2-year period immediately following the alien’s admission as a conditional permanent resident. Any hardship based upon events or facts that followed the initial two-year conditional residency period are irrelevant.

Matter of Bett, 26 I&N Dec. 437 (BIA 2014); The Board held that a Form I-9 (Employment Eligibility Verification Form) is admissible in immigration proceedings on issues of removability and relief from removal.

Attorneys Jeremy Lasnetski and John Gihon of Lasnetski Gihon Law to speak at AILA Central Florida’s Annual Immigration Conference

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

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 Resort and Spa and begins on October 17, 2014.

http://www.aila.org/content/default.aspx?docid=49888#reg

Jeremy will be a panelist on the topics of U Visas, T Visas and VAWA benefits. U Visas are potentially available to any non-citizen who was the victim or witness to certain crimes here in the United States. VAWA benefits are potentially available for victims of domestic abuse by U.S. citizens or Lawful Permanent Residents.

When Can I File a Motion to Terminate or Administratively Close My Removal Proceedings, Part II.

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

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 successful motion to administratively close proceedings simply pauses a removal case indefinitely. However, the outcome is the same as a motion to terminate, you are no longer in imminent danger of being ordered removed from the United States.

While administratively closing removal proceedings pauses your case indefinitely, at any time you or the Government can ask the Court to put your case back in front of the Immigration Judge.

When Can I File a Motion to Terminate or Administratively Close My Removal Proceedings, Part I.

Published on: October 7, 2014 | by Lasnetski Gihon Law

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 in removal proceedings is not to show up. The best thing that you can do is hire an experienced immigration attorney who can review your case, explain your rights, and fight for you to be able to stay in the United States.

Once your are in removal proceedings, two of the ways that an an experienced immigration attorney can protect you from removal are to terminate the removal proceedings against you, or to administratively close them. Each action has a different outcome and different reasons to chose that strategy; however, each one can protect you from removal.

There are two general reasons to pursue a motion to terminate removal proceedings. One, is because the law says you can, the other is because the Government has a policy that says you can.