Immigration

To the Permanent Resident Pleading Guilty to Drug Offense and Counting on Cancellation of Removal: Don’t

I was consulted on a case the other day where a person had pleaded guilty to misdemeanor possession (of something that’s not marijuana) over his lawyer’s warnings that it make him removable. The judge also (post-Padilla) made sure that the person knew that there could be immigration consequences. But all the person could hear was …

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The Need For Discretion

Recently, in browsing a well-known local lawyer’s website, I found the following “News” article on their blog: Attorney X convinced a [local] prosecutor to dismiss Armed Robbery charges, all felonies, and all gun charges, despite the defendant being caught nearly red-handed with a shotgun in his fleeing vehicle. The defendant plead to Second Degree Assault, …

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Nothing Good Comes of Failing to Show For A Court Date

Things happen. I know that sometimes, cars break down, urgent doctors’ appointments need to be made, things just slip peoples’ minds. But the consequences of failing to show for your criminal hearing can be dire. (The same holds true in immigration hearings, but with even greater consequences.)  Not only will the judge issue a bench …

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Am I Eligible for Asylum?

There are many facts that an experienced immigration and asylum attorney would want to know before he/she could advise you. For example, have you been persecuted in the past and why?  Why do you think the government (or other groups) want to persecute you? The question of whether a person can apply for asylum turns …

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Cancellation of Removal for non-Permanent Residents Checklist

Under certain circumstances, some people put into removal proceedings who are not Legal Permanent Residents (LPRs) may be eligible for a form of relief called “Cancellation of Removal”, which allows certain non-LPRs to “adjust status” and become an LPR.  In plain English, Cancellation of Removal allows some non-green card holders to ask the Immigration Judge …

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Public Service Announcement – If You Have Temporary Protected Status, Don’t Plead Guilty to Those Minor Misdemeanors

If you are an immigrant here in the US with temporary protected status (TPS), you will lose this status if you are convicted of two misdemeanors.  INA §244(c)(2)(B).  And even if you have been in the US a long time and have US citizen children, you will not be allowed to stay unless your citizen (or …

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Asylum for Draft Dodgers

Not too long ago, I helped a Jehovah’s Witness who was persecuted for refusal to serve in the military get asylum in immigration court.  In some countries, conscientious objectors are treated very poorly (including torture).  The US will generally not grant asylum to people who fear harsh punishment for refusing to serve in the military, but …

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