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ICE Extends Its Family Relationship Definition to Include Long-term, Same-Sex Relationships

On October 5, 2012, the Immigration & Customs Enforcement Agency released a memorandum indicating that it was modifying its definition of family relationship to include long-term, same-sex relationships. ICE will use this definition when it is making prosecutorial discretion determinations.

Under its new guidelines, ICE will consider same-sex relationships to rise to the level of …

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Prosecutorial Discretion Falling Short?

Last year, the President and his immigration deputies announced a plan to review 300,000 immigration removal cases and determine, on an individual basis, whether to administratively close the case. Cases are judged based on a number of factors – but generally meant for those individuals who have acted with good moral character.

Recently the United …

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DHS’s New Deportation Policy: Subjectivity Abounds

Last week, the Department of Homeland Security took a (possibly) dramatic step in relieving the ever growing backlog of deportation cases in the immigration court system. The Department indicated that it would terminate proceedings against many of the 300,000 individuals who are currently in removal proceedings. Put simply – they want to terminate action against …

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Immigration Court’s 800 Number – Check Immigration Court Status

Individuals who are in removal or deportation proceedings, or who are seeking asylum, must attend all immigration hearings or risk losing out on any possible removal defenses.

However, given the complexity of the system, individuals often find it difficult to keep track of their immigration court dates and other important immigration information. To help …

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New York Says No to Secure Communities

Last week, while I was on vacation, Governor Cuomo announced that New York State will no longer participate in the Immigration & Customs Enforcement Agency’s Secure Communities Program. The New York Governor’s announcement was met by praise in the immigration community, in law enforcement, and in political circles throughout the United States (The Massachusetts governor …

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Immigrants Facing Deportation Following Plea Bargain

For many years, immigrants facing the prospect of long imprisonment have been told by criminal attorneys to accept a plea deal that would result in a lower period of imprisonment. The criminal attorneys have long thought that it is better to fight possible deportation in immigration court then to risk the possibility of a long …

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2010 Statistics for Immigration Court, BIA, and OCAHO

The Department of Justice’s Executive Office for Immigration Review has released its statistics from fiscal year 2010 for immigration courts, the BIA (Board of Immigration Appeal) and OCAHO (Office of the Chief Administrative Hearing Officer). The full report is available on the DOJ website. Here are some of the highlights:

Immigration Court receipts increased by …

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Deportation Numbers at Record High

The number of immigrants who are being deported from the United States is at a record high this year. Last year, 392,862 immigrants were deported. Over half (195,772) of those immigrants were convicted criminals. Both of these numbers are record highs. If you are an immigrant who gets caught up with the possibility of deportation …

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New York State’s Immigration Pardon Board

As previously mentioned, earlier this year Gov. Paterson created the immigration pardon board for noncitizens who have been convicted of a crime and now face the possibility of immigration consequences. Gov. Paterson introduced this board by highlighting that New York State believes in renewal and rehabilitation. Gov. Paterson also mentions that immigration law is sometimes …

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Supreme Court Rules For Immigrant In Minor Drug Conviction Removal

The U.S. Supreme Court has recently reached a 9-0 decision determining that an immigrant need not be automatically deported from the United States following a minor drug conviction. In the reviewed case the immigrant had been sentenced to 20 days in jail for having 2 ounces of marijuana and a pill of Xanax.

Despite being …

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Harvard Student Faces Deportation

The pending deportation of a Harvard Student is causing quite a controversy on Harvard’s campus. The student, was picked up when he tried to board a plane from San Antonio and Boston. He came to the United States when he was four and now faces removal to Mexico. His possible removal has stirred the pot …

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New York State Parole Board To Help Immigrants

On Monday, Governor Paterson announced that New York State would create a five member panel that would review and pardon immigrants who had minor or old convictions. This step is great news and may potentially help many immigrants who fear they may be removed from the United States because of relatively minor criminal offenses that …

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Criminal Defense Attorneys, Plea Bargains, Immigrants & Removal Proceedings

The United States Supreme Court issued an important decision last week for foreign nationals living in the United States. In Padilla v. Kentucky, the Court ruled that attorneys representing foreign nationals in criminal proceedings must inform them of the immigration consequences of any plea agreements or convictions that may arise.

This is an important decision …

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