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Archive for category: Deportation Proceedings

You are here: Home / IMMIGRATION NEWS & RECENTLY WON CASES / Deportation Proceedings
Cancellation of Removal, Deportation Proceedings, Immigration News

UPDATE ON ICE’S DETENTION AND REMOVAL POLICY

A picture of an immigration form used by an immigration attorney in NYCAlthough the Department of Homeland Security (DHS) will continue to prioritize the deportation of those with a history of criminal or fraudulent acts, everyone who is deportable is now a target for deportation.

The only exceptions are those non-criminals who fit into the requirements for DACA, EXPANDED DACA, or DAPA (whether or not they applied for and received those benefits).

DACA
Those who were under the age of 31 on June 15, 2012, who entered the United States before June 15, 2007 before the age of 16, and who meet specific educational and public safety criteria.

Expanded DACA

Those who entered before the age of sixteen, regardless of how old they were on June 15, 2012 or how old they are today, have been in the USA at least five years, and who meet the other educational and public safety criteria.

DAPA
Adults who have been in this country since January 1, 2010, are the parents of U.S. citizens or lawful permanent residents, and who are otherwise not enforcement priorities, as set forth in ICE’s November 20, 2014 memorandum entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants Memorandum.

On February 20, 2017, the White House issued a memorandum which addressed the implementation of the president’s January 25, 2017 Executive Order. The memorandum is entitled “Enhancing Public Safety in the Interior of the United States.”

It constitutes guidance for all Department of Homeland Security personnel regarding the enforcement of the immigration laws of the United States, and is applicable to the activities of U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS). As such, it seeks to provide guidance concerning enforcement and removal activities, detention decisions, administrative litigation, budget requests and execution, and strategic planning.

The February 20, 2017 Memo states that “the Department no longer will exempt classes or categories of removable aliens from potential enforcement.” This announcement marks a dramatic change in U.S. immigration policy from recent years. Under the Obama administration’s Priority Enforcement Program, certain types of immigrants were not targeted for deportation, a strategy that allowed the Department of Homeland Security (DHS) to devote its resources to deporting those immigrants (1) with serious criminal offenses or (2) those who posed a threat to national security.

Now, however, every person who is deportable is a target for deportation. Although DHS will continue to prioritize the deportation of serious criminal offenders, and those who pose a threat to national security, in the name of public safety, it will now do so while also deporting immigrants who do not fall into any of the priority categories. In order to facilitate this sizeable increase in DHS’ workload, DHS Secretary Kelly has announced that he will be hiring an additional 10,000 ICE officers as soon as that is possible.

May 11, 2017/by Irwin Berowitz
Adjustment of Status, Cancellation of Removal, Deportation Proceedings

IF AND WHEN TO FILE A PETITION FOR A WRIT OF MANDAMUS

Immigration lawyer in New York CityLet’s say that you filed your immigration application, you paid all the fees, you had your biometrics captured and, if the USCIS asked for it, you responded to its request for evidence (RFE). And, if necessary, you then had your interview. In 2013.

Of course, that was almost four years ago. You have made phone calls that achieved nothing, you went on InfoPass appointments, but you still cannot get a satisfactory answer to any of your questions. What are your options? Read more →

November 22, 2016/by Irwin Berowitz
Asylum, Deportation Proceedings, Immigration News

Immigration Case Soon to be Featured in the NYTimes

NEW CLIENT WHO USED TO WORK FOR THE FBI AND THE CIA

Three weeks ago, I was retained to represent a man who is detained by ICE at the Bergen County Jail, which is located in Hackensack, New Jersey. An article about this man will appear in the New York Times in approximately eight to ten days. Until that article comes out, I will not mention my client’s name in my website. Read more →

June 24, 2016/by Irwin Berowitz
Asylum, Deportation Proceedings, Immigration News

USCIS Approves Hardship Waiver Application

USCIS Approves Chinese Woman’s Hardship Waiver Application

LIU, Wen and her husband came to see me eighteen months ago. I normally give a free consultation, and that is what happened in this case. LIU, Wen entered the United States without inspection in 2003. She found some work in Georgia. There, she met her future husband, Eric, who was born and grew up in Georgia. They got married in 2006. They are parents of two girls, both of whom are doing well in school. Read more →

November 13, 2015/by Irwin Berowitz
Cancellation of Removal, Deportation Proceedings, Immigration News, Immigration Success Stories

CLIENT WINS CANCELLATION OF REMOVAL CASE IN IMMIGRATION COURT

CHAN, Yuchai came to the United States, from her native China, in the year 1999. She was eighteen years old at the time. She was brought into the USA, via Mexico, by a “snakehead.” Once Ms. Chan got established in New York City, she did not apply for asylum. She did start to work, however. Read more →

July 2, 2015/by Irwin Berowitz
Cancellation of Removal, Deportation Proceedings, Immigration Success Stories

Client’s Application for Permanent Resident Status Approved at the Last Minute

Mr. Liu is a native and citizen of the People’s Republic of China . He was born in Lanchi, Fujian Province, on November 2, 1980. He arrived at the Los Angeles International Airport, without documents, on January 9, 1997. He was detained. After an Asylum Officer found him to have a credible fear of persecution, should he be returned to China, he was paroled into the USA and placed in removal proceedings. Before an Immigration Judge in New York City, represented by former counsel, Mr. Liu applied for asylum, withholding as to China, and Convention Against Torture (“CAT”) relief. The final hearing took place on March 4, 2003. At the conclusion of the merits hearing, the Immigration Judge denied all of the alien’s relief applications and ruled that Mr. Liu had filed a frivolous asylum application. Mr. Liu’s pro se appeal was summarily dismissed by the BIA. Read more →

April 30, 2015/by Irwin Berowitz
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About Irwin Berowitz

Irwin Berowitz is an immigration lawyer in New York City, owner of the Law Office of Irwin Berowitz esq.
Irwin Berowitz, Esq.
Immigration Lawyer
New York City

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.

This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Irwin Berowitz is an immigration lawyer in New York City, owner of the Law Office of Irwin Berowitz esq.
Irwin Berowitz, Esq.
Immigration Lawyer
New York City

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