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Archive for category: Immigration News

You are here: Home / IMMIGRATION NEWS & RECENTLY WON CASES / Immigration News
Immigration News

JUDGE ORDERS ICE TO FREE DETAINED IMMIGRANT CHILDREN BECAUSE OF COVID-19

Citing the unrelenting spread of the coronavirus, a federal judge last week ordered that all children currently held in U.S. Immigration and Customs Enforcement custody for more than 20 days must be released by July 17.

U.S. District Judge Dolly Gee of California issued the scathing order Friday afternoon, saying the Trump administration had failed to provide even the most basic health protections for children and their families amid the pandemic.

She described the ICE-operated facilities as being “on fire,” adding that “there is no more time for half measures.” She continued: “Although progress has been made, the Court is not surprised that [COVID-19] has arrived at both the [Family Residential Centers] and [Office of Refugee Resettlement] facilities, as health professionals have warned all along.”

The order applies to all three of the family detention facilities in the United States. Two are located in Texas, and a third is in Pennsylvania, as well as shelters housing unaccompanied minors.

As of Thursday, at least 11 people at a family detention center in Karnes City, Texas, have been diagnosed with COVID-19, according to an independent report filed with the court. Four employees at another facility in Dilley — about 90 miles away — have also tested positive for the coronavirus, and test results for residents there remain pending.
Meanwhile, an independent monitor and a physician who inspected ICE’s family detention centers reported this month that, given the infection rates in the counties where the Texas facilities are located, there is “even more cause for concern.” Court documents show that as of June 8 there were 124 children in the three detention centers, housed alongside family members. Another 507 children were in Office of Refugee Resettlement shelters as of June 7.

The order essentially forces ICE to adhere to existing laws established in the Flores agreement, which limits how long minors can be held in ICE custody.

Holly Cooper, co-director of the University of California, Davis Immigration Law Clinic, and one of the attorneys representing Flores agreement class members, said she is elated by the latest ruling. She said Gee’s decision could lead to the long-awaited release of entire families, some of whom have been living in what she called “horrific conditions” for more than a year. Until now, ICE has been reluctant to release children held in family detention centers “because in order to do it in a humane way, they have to release the child with a parent,” Cooper said.

Instead, the Trump administration has offered families a choice between these alternatives: Stay together in detention, or allow the children to be transferred to a sponsor or family member somewhere in the United States. The problem is “ICE makes a real horrible guardian of children … and so far ICE has opted to keep children detained … during a global pandemic,” Cooper said. But now, under pressure of the looming July 17 deadline, Cooper said: “What we’re hoping is that ICE will do the humane thing and not separate any child from their parents because that’s what the children want. That’s what our class members want. That’s what the advocates want. That’s what the parents want.”

June 30, 2020/0 Comments/by Irwin Berowitz
Immigration News

JOE BIDEN AND TRUMP SURROGATE DISCUSS RACE RELATIONS AT AN ASIAN AMERICAN TOWN HALL

Joe Biden and Eddie Baza Calvo offered strikingly different perspectives on the issues facing the AAPI community in the United States. Both campaigns addressed topics important to AAPI voters, including systemic racism, immigration and economic recovery. Vicky Nguyen from NBC News and Amna Nawaz of PBS moderated the forum hosted by nonprofit APIAVote and streamed on NBC Asian America. During the town hall, race relations across the U.S. were front and center. Biden slammed Trump’s recent racist comments in which he referred to the coronavirus as the “kung flu” and “China flu” and said Trump “only knows how to speak to people’s fears, not to their better angels.”

“Asian Americans are being targeted with violence in subject to xenophobic rhetoric from the mouth of the president himself,” Biden said. “This is the president who, instead of bringing our country together, does everything he can to fan the flames of hate and division in this country.”

Calvo dodged criticism about Trump’s racist remarks around the coronavirus, instead pointing to incidents of looting that occurred around the same time as Black Lives Matter protests across the country and suggested Biden was culpable.

“I’ve seen some of the impact on Korean American stores, our Vietnamese hair and nail shops, our Filipino restaurants that have been looted and people robbed as a result of the riots,” Calvo said. “I can tell you that when you look at the destruction — and whether it’s from looting, whether it’s robbing, or burning of flags, or tearing down statues — most of all those people, if not all, aren’t going to vote for President Trump. Many of them actually are supporters of the Biden campaign.”

Biden also addressed the Asian American model-minority myth, saying he’d use data to highlight groups in need.

“AAPI writ large has an achievement level higher than any other group in America,” he said, “but that misrepresents that scores of ethnicities are, in fact, really being hurt and left behind.”

Calvo and Biden also discussed the differing stances across the two campaigns on immigration. Calvo praised the Trump administration’s stance on immigration and said the president’s “number one goal is to move to merit-based immigration.” Trump earlier this month signed an executive order putting a pause on new visas for foreign workers until the end of the year in a proclamation describing workers as “a risk to the U.S. labor market following the coronavirus outbreak.” Calvo said the order would prioritize “bringing in high-skilled workers to grow our nation.”

“It’s not about the immigrants, they’re important,” Calvo said. “But his first and foremost priority is getting Americans back to work.”

Biden vowed to send an immigration reform bill to Congress on the first day of his administration that would provide a “roadmap for citizenship for 11 million undocumented immigrants who contribute so much to this country, including 1.7 million AAPI.” Biden also criticized the pause on new visas for foreign workers, saying such a pause would not occur in his administration.

June 30, 2020/0 Comments/by Irwin Berowitz
Immigration News

YOU ARE WELCOME TO CONTACT ME FOR A FREE CONSULTATION

Due to the Covid 19 epidemic, ICE has closed all of its field Offices. If you have a Final Order of Removal, or if you are subject to an Order of Supervision, this might be the time to explore the possibility of, for example, filing a motion to reopen your removal proceedings, or having a family member file a visa petition (Form I-130) for you.

If you would like to discuss your situation, please call me at (646) 943-1391. My telephonic consultations are free of charge.

June 30, 2020/0 Comments/by Irwin Berowitz
Immigration News

VICTORY IN A BATTLE AGAINST INEFFECTIVE ASSISTANCE OF COUNSEL

Nobody likes being taken advantages of by others. But unfortunately, when you are not an expert of laws, you might fall in the position of being provided with ineffective assistance of counsel. The story of a Chinese national, Ms. Zhen, makes such an example.

In 2014, Ms. Zhen hired her former immigration attorney, Mr. Mah, for her asylum application and Court proceedings, from which time the disaster started. The application was not read back to Ms. Zhen word by word in Chinese and every piece of information contained in the application was not verified. In 2017, at the asylum interview, Ms. Zhen was challenged by the asylum officer with questions as basic as her address and work history. As you may have noticed, three years had elapsed after her asylum application was filed. If you do not have great long-term memories and if you moved four or five times in the last three years, how could you recall every street number and every starting date of your address and employment? The asylum officer found some inconsistencies and decided not to approve Ms. Zhen’s application.

What more was, Ms. Zhen had to go to the asylum office to change address herself after she moved again, because Mr. Mah refused to do so. Thereafter, both Ms. Zhen and Mr. Mah were informed by mail by the asylum office that her case was referred to the Immigration Court. However, Mr. Mah failed to follow up with the Court for the upcoming hearing. In October, 2018, his failure directly led to a removal order in absentia by an Immigration Judge (IJ) against Ms. Zhen. Not knowing a hearing had been scheduled, Ms. Zhen failed to appear at the Court. We all know that nowadays mails are not always reliable. Ms. Zhen did not receive the hearing notice. Of course, no hearing notice was sent to Mr. Mah, because he had never entered his appearance as Ms. Zhen’s counsel to the Court, although he should have.

Ms. Zhen hired me in November, 2018. I thoroughly analyzed her case history and got to the bottom of every factor. I determined that to file a motion to reopen based on ineffective assistance of counsel (Lozada MTR) was the best option for her. Although a Lozada MTR always demands much more work than other MTRs, I still decided to go down that path for Ms. Zhen’s best interest. Several months later, through thorough prepare, I timely filed the MTR. Then I had to fight against Ms. Zhen’s former counsel, Mr. Mah. In response to Ms. Zhen’s complaint to the relevant disciplinary department, he accused Ms. Zhen of things that were not in the wrong and came up dazzling statements as to how diligently he worked for her. I wrote a strong letter for Ms. Zhen to overcome the obstacles that he set. He was not the only party that opposed the MTR. The DHS (Department of Homeland Security) attorney quickly submitted oppositions to the Court, of which I received a copy. I then promptly responded to the oppositions.

Now the MTR has been granted by the IJ. Victory!

If you, ever encounter similar situations, don’t be afraid of fighting against your former attorney(s). There is nothing wrong for you to demand fairness. Welcome to contact me to schedule a free consultation!

September 20, 2019/0 Comments/by Irwin Berowitz
Immigration News

SUCCESS IN SMOOTHLY OBTAINING PERMANENT RESIDENT STATUS FOR A GAY I-601A WAIVER APPLICANT

Based on a recommendation from a friend, a Mexican man, Angel, and his U.S. citizen husband (an architect), David, came to see me at the end of 2016. Back in 2003, Angel crossed the U.S. Mexican border. He has worked steadily in New York City for almost 16 years. He files tax returns and pays both income taxes and Social Security taxes.

I explained to the couple of the entire process, from filing the I-130 petition, to filing the I-601 A provisional unlawful presence waiver, and to consular processing. Usually, the entire process takes at least two and half years. I thoroughly explored the equities of Angel’s case. The couple retained me immediately. I advised them in detail about the documents that were needed.

After the I-130 petition was approved, we had to deal with the hard part, the I-601A waiver application. Angel did not have a great waiver case. However, I was able to build a strong one for him. I filed the I-601A waiver application for him in January, 2018. Only eight months later, it was approved! In February, 2019, Angel was scheduled for an immigrant visa interview, in April, at a U.S. Consulate, in Mexico. I prepared him for the interview. The interview went well, and three days later, Angel returned to the USA as a permanent resident.

If you, or a family member, or a friend, appears to be eligible to apply for an I-601A waiver, also known as an Obama waiver, or a provisional unlawful presence waiver, feel free to call me to schedule a free consultation.

September 20, 2019/0 Comments/by Irwin Berowitz
Immigration News

HOW YOUR CASE IS PRESENTED TO THE USCIS OR THE COURT MATTERS

Quite often, even if the immigrant is the beneficiary of an approved I-130 petition (immigrant visa petition for alien relatives), inadmissibility is the obstacle between him/her and permanent resident status.

For example, if you once used faked documents to enter the U.S., or if you have a certain kind criminal record, you will have to file an I-601 waiver application to the USCIS or the Immigration Court, depending on whether you are in Immigration Court proceedings or not. If you have unlawfully stayed in the U.S. for over one year, and could not adjust your status in the U.S., you will have to file an I-601A waiver application with the USCIS.

The problem is that either waiver application is discretionary, meaning that the USCIS or the Court does not have to approve it, even if the evidence is overwhelming in your case. The person (USCIS officer or immigration judge) who reviews your case, at the outset, does not have an in-depth knowledge about you and your family. The person has no obligation of voluntarily piecing together a large, positive image of you, or interpreting the evidence in a manner that is in your favor. On the other hand, sometimes it seems that you do not have a good case. To build a strong one is still possible. Therefore, it is extremely important how your case is presented. Things that might seem unimportant to you, such as a tradition or a certain practice, in your home country, may help your case. It is a question of knowing how to present the evidence.

We have had cases in which a client’s waiver application, that was filed by his/her former attorney got denied. But when I was given an opportunity to build it up and then file it, the waiver application got approved.

I am willing to sit down and explore every factor and possibility with you. Feel free to contact me for a free consultation.

September 20, 2019/0 Comments/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

RECENTLY WON CASES

  • JUDGE ORDERS ICE TO FREE DETAINED IMMIGRANT CHILDREN BECAUSE OF COVID-19
    June 30, 2020
  • JOE BIDEN AND TRUMP SURROGATE DISCUSS RACE RELATIONS AT AN ASIAN AMERICAN TOWN HALL
    June 30, 2020
  • YOU ARE WELCOME TO CONTACT ME FOR A FREE CONSULTATION
    June 30, 2020
  • VICTORY IN A BATTLE AGAINST INEFFECTIVE ASSISTANCE OF COUNSEL
    September 20, 2019
  • SUCCESS IN SMOOTHLY OBTAINING PERMANENT RESIDENT STATUS FOR A GAY I-601A WAIVER APPLICANT
    September 20, 2019

Practice Areas

  • Naturalization
  • Non-Immigrant Visas
  • Work Authorization
  • Immigration Investor
  • S, T, and U Visas
  • Illegal Reentry
  • Criminal Defense
  • Deportation Defense
  • Release from Detention
  • Motions to Reopen
  • Appeals
  • Asylum
  • Cancellation of Removal
  • Inadmissibility Waivers
  • Family Based Green Card
  • Work Based Green Card
  • Battered Spouse
  • Consular Processing
  • Divorce
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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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Among experienced immigration attorneys, the Law Office of Irwin Berowitz prides itself on its service to its clients. We believe that each & every person deserves quality legal services. Our Firm approaches each client’s case with this belief in mind, and that is why we provide zealous & effective representation to every one of our clients.

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