The Law Office of Irwin Berowitz, 305 Broadway, Suite 601, New York, NY

Tag Archive for: deportation

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

Posts

, ,

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.

/by
, ,

Successful Claim of Ineffective Assistance of Counsel Leads to Immigration Court Victory

Mr. Huang had a pretty good asylum claim. He came to the USA from China. In China, his wife was forced to undergo an abortion in March, 2000. Her abortion was extremely painful to both spouses. After the abortion, she became depressed and physically weak. She became epileptic. Subsequently, Mr. Huang joined a home church, an underground church, to seek spiritual comfort. Someone reported his church activities to the local government. On January 2, 2008, Mr. Huang received a summons which ordered him to report to the public security bureau, that is, the police, on January 3, 2008, for questioning. Read more →

/by
, ,

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 →

/by
, ,

Immigration Court Victory Leads to U.S. Citizenship

Josefina was born and grew up in the Dominican Republic. When she was eighteen years old, her U.S. citizen father petitioned for her to come to the USA as his unmarried child. While she was waiting to immigrate to the USA, she married a man who was a permanent resident of the USA. At her interview in the American Embassy in Santo Domingo, Josefina never told the Consular Officer that she had gotten married. She knew that, had she admitted that she had gotten married, the Consular Officer would have found her to be ineligible for an immigrant visa. Read more →

/by
, ,

20 Year Old Case Ends (finally) with Immigration Court Victory

Troy came to the USA, from Guyana, 32 years ago as a Permanent Resident.

He was 9 years old at the time. Troy could not read or write. Once he got to the USA, Troy attended school, but he was so far behind that he could not catch up. His parents were too busy working to pay much attention to him. Then, he started to run with the wrong crowd. Troy stopped going to school when he was 16. When he left school, he still could not read or write. With his buddies, Troy used drugs; first marijuana, and finally crack, to which he became addicted. Before he was 19, Troy was convicted of two felonies, and sent to prison for six years. Read more →

/by
, ,

Successful Battered Spouse Petition Results in Permanent Resident Card

Patricia G., a Peruvian woman, entered the USA without inspection in 2003. About a year later, she met a nice man, they fell in love, and got married. Patricia gave birth to a son ten months later. However, over time, Patricia’s husband started to abuse her. Patricia tried her best to save her marriage, but her husband did not stop abusing her. Because she feared for the safety of her son and herself, she moved out. She found a decent apartment. She worked a lot. Her husband did not give her any money. With the help of a volunteer organization, she obtained a divorce. Read more →

/by