Immigration Case About Indefinite Detention Hits the U.S. Supreme Court – Nielsen v. Preap

Next Wednesday,  the U.S. Supreme Court (with Trump new appointee, Justice Kavanaugh) will decide Nielsen v. Preap and determine whether thousands of longtime U.S. residents face indefinite detention without a hearing.  Nielsen is a class action brought by a group of immigrants in the Ninth Circuit who have been or are being detained under 8 U.S.C. § 1226, a provision of the Immigration and Nationality Act. That section authorizes federal authorities to detain any alien who may be subject to “removal”—the technical term for deportation. That term covers a lot of immigrants—border-crossers arrested after entering the U.S. illegally, tourists or students who have overstayed their visas, and lawful permanent residents who have committed certain crimes.

The issue to be decided by the U.S. Supreme Court is whether a criminal alien becomes exempt from mandatory detention under 8 U.S.C. § 1226(c) if, after the alien is released from criminal custody, the Department of Homeland Security does not take him into immigration custody immediately.

The statute creates two classes of “removable” aliens—first, ordinary detainees who have NOT committed crimes but are facing removal on other grounds and second, “criminal aliens” facing removal because of criminal convictions.

For the “criminal alien” group, the statute says that “when the alien is released” from imprisonment, the government “shall take [him or her] into custody.” These immigrants get no bond hearing; they must be held in detention until their cases are resolved.

This is the issue in Nielsen v. Preap: It is not whether authorities can detain these aliens—they can. But does the statute really deny bond hearings to “criminal aliens” who have been released and has returned to a community, established a family and put down roots, and lived a blameless life since that brush with the law? In other words, can criminal aliens be detained indefinitely without bond ONLY when release from prison straight into ICE custody OR can criminal aliens be detained indefinitely without bond when release from prison straight into ICE custody AND even is released into the community and later apprehended by ICE.

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Safety Plan For Immigrant Families in Light of Massive Expansion of Detention and Deportation in U.S.

“Effective immediately,” DHS shall faithfully execute U.S. immigration laws against “all removable aliens” and will no longer “exempt classes or categories of removable aliens from potential enforcement” – this directive is from the policy memorandum implemented on February 17, 2017 based on Trump’s Executive Order signed on January 25, 2017. Additionally, it directs DHS personnel to arrest, apprehend, and initiate enforcement actions against “any alien whom an immigration officer has probable cause to believe” has violated the immigration laws. This language makes clear that everyone is a priority and amounts to a widespread deportation plan. The Memorandum calls for a massive expansion in detention by requiring DHS to detain nearly everyone it apprehends including those with no criminal convictions.

Many illegal immigrants and green card holders are in a state of panic and fear as Immigration and Custom Enforcement (ICE) has started to apprehend and detained individuals with final order of removals, green card holders convicted of deportable criminal offenses, green card holders charged (not convicted) with a criminal offense, illegal immigrants parole into U.S. with an order of supervisions, and illegal immigrants who entered within the past two years.

What is your safety plan? We recommend a safety plan (more…)

Immigration Raids target Central American Families

This past Christmas Eve, a nationwide immigration raids was announced and launched by Immigration and Custom Enforcement to remove Central American families and unaccompanied children with deportation orders from the United States. Today, DHS Secretary Jeh Johnson released a statement on southwest border security, including information on this weekend’s ICE raids, during which 121 individuals—primarily from Georgia, Texas, and North Carolina—were taken into custody and are in the process of being removed. (more…)

Detained Immigrant Must Receive Bond Hearing Within 6 Months

The United States Courts of Appeal, Second Circuit, held that an immigrant detained must be afforded a bail hearing before an immigration judge within six months of his or her detention. (Lora v. Shanahan, 10/28/15).  The court also held that the detained immigrant must receive bond hearing unless the government establishes by clear and convincing evidence that the immigrant poses a risk of flight or a risk of danger to the community. (more…)

Detained Immigrant Children Ordered Release by Federal Judge

Judge Dolly M. Gee of Federal District Court for the Central District of California found that two detention centers in Texas that the Obama administration opened last summer fail to meet minimum legal requirements of the 1997 settlement for facilities housing detained immigrant children.

Judge Gee also found that migrant children had been held in “widespread deplorable conditions” in Border Patrol stations after they were first caught, and she said the authorities had “wholly failed” to provide the “safe and sanitary” conditions required for detained immigrant children even in temporary cells. (more…)

Deportation Fears – Immigration Lawyer Gail Seeram Can Help

Immigration lawyer Gail Seeram explains the newly released data of 438,421 deportations carried out from the United States during October 1, 2013 to September 30, 2014 represent families suffering from separation, lower socioeconomic status, emotional stress, and limited health and educational opportunities.  Immigration Lawyer Gail Seeram has noticed that more of the immigrants that consult with her have a deep fear of deportation even though they have lived in the U.S. for more than 10, 20 and sometimes 30 years.  The political climate in the U.S. of zero tolerance for illegal immigrants has cast a fear on many law abiding immigrants and their families.

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Orlando Immigration Lawyer explains Removal Proceedings

Orlando Immigration Lawyer Gail Seeram explains that removal proceedings (or “deportation”) can be initiated against a lawful permanent resident or undocumented noncitizen (collectively referred to as “noncitizens”) at any time. Removal & deportation proceedings can be initiated when a noncitizen (including a lawful permanent resident) is seeking admission to the United States, filing an application for an immigration benefit (such as U.S. Citizenship or renewing/replacing a “green card”), serving a sentence for a criminal conviction (such as probation, community service or prison), or detained by local police for a criminal matter. (more…)

Prosecutorial Discretion – Ask an Immigration Lawyer

Prosecutorial discretion is a discretionary relief where Immigration and Custom Enforcement (ICE), the agency that initiates and executes removal/deportation from the United States, can choose to temporarily pause removal/deportation or release an individual from detention based on certain factors.  A request for prosecutorial discretion is best prepared and presented to ICE by an immigration lawyer.

In exercising prosecutorial discretion, Immigration and Custom Enforcement (ICE) may administratively close a pending removal case (removal proceedings delayed), grant voluntary departure, grant deferred action (defer a pending removal), reissue or cancel a Notice to Appear, or release a detained individual on bond or an order of supervision. Note, in exercising prosecutorial discretion, it is unlikely that a pending removal case would be terminated unless there are extenuating factors present. In order to request prosecutorial discretion in a pending removal case or detention case, an immigration lawyer would submit the request to Immigration Custom and Enforcement (ICE).

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Prosecutorial Discretion in Removal – Deportation – Ask an Immigration Lawyer

Prosecutorial discretion is a discretionary relief where Immigration and Custom Enforcement (ICE), the agency that initiates and executes removal/deportation from the United States, can choose to temporarily pause removal/deportation or release an individual from detention based on certain factors.

In exercising prosecutorial discretion, Immigration and Custom Enforcement (ICE) may administratively close a pending removal case (removal proceedings delayed), grant voluntary departure, grant deferred action (defer a pending removal), reissue or cancel a Notice to Appear, or release a detained individual on bond or an order of supervision. Note, in exercising prosecutorial discretion, it is unlikely that a pending removal case would be terminated unless there are extenuating factors present. In order to request prosecutorial discretion in a pending removal case or detention case, an immigration lawyer would submit the request to Immigration Custom and Enforcement (ICE).

However, in cases where the immigrant has a criminal history these types of cases are deemed enforcement priorities and prosecutorial discretion will not be exercised in these types of cases. ICE will consider the following factors in deciding whether to grant or exercise prosecutorial discretion:

  1. the person’s length of presence in the United States, with particular consideration given to presence while in lawful status;
  2. the circumstances of the person’s arrival in the United States and the manner of his or her entry, particularly if the alien came to the United States as a young child;
  3. the person’s pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees at a legitimate institution of higher education in the United States;
  4. whether the person, or the person’s immediate relative, has served in the U.S. military, reserves, or national guard, with particular consideration given to those who served in combat;
  5. the person’s criminal history, including arrests, prior convictions, or outstanding arrest warrants;
  6. the person’s immigration history, including any prior removal, outstanding order of removal, prior denial of status, or evidence of fraud;
  7. whether the person poses a national security or public safety concern;
  8. the person’s ties and contributions to the community, including family relationships;
  9. the person’s ties to the home country and condition in the country;
  10. the person’s age, with particular consideration given to minors and the elderly;
  11. whether the person has a U.S. citizen or permanent resident spouse, child, or parent;
  12. whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative; ;
  13. whether the person or the person’s spouse is pregnant or nursing;
  14. whether the person or the person’s spouse suffers from severe mental or physical illness;
  15. whether the person is likely to be granted temporary or permanent status or other relief from removal, including as an asylum seeker, or a victim of domestic violence, human trafficking, or other crime; .and .
  16. whether the person is currently cooperating or has cooperated with federal, state or local law enforcement authorities, such as ICE, the U.S Attorneys or Department of Justice, the Department of Labor, or National Labor Relations Board, among others.

A formal written request for prosecutorial discretion must be submitted to the Immigration and Custom Enforcement (ICE) office with jurisdiction over the pending case. The request must also contain supporting evidence of the above favorable factors. A request for prosecutorial discretion is best prepared and presented to ICE by an immigration lawyer. In most cases, a follow-up phone conversation is needed between the immigration lawyer submitting the request and the ICE official making the decision on whether to grant prosecutorial discretion.  Our office has been very successful in obtaining prosecutorial discretion on behalf of our clients in removal proceedings.  Contact our office for a free initial in-office consultation.

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.

Illegal Children Immigration – Crisis at Border – Special Immigrant Juvenile Status

Mi casa es tu casa – My house is your house.  This is the courtesy we extend to guess in our home (whether family or a first-time visitor).  At least this was a strong Guyanese valuable instilled in me as a child and observed while living in the United States of America my entire life.  Americans are thought to be the most welcoming and laid back people in the world.

So, why all the political rhetoric about deporting the thousands of unaccompanied illegal children immigration officials stated that have recently flooded the southern U.S. border.  A long-standing principle of the U.S. Government has been to demonstrate global leadership by providing humanitarian options to immigrants who are in the most vulnerable and desperate of situations. One such immigrant group is children who find themselves in this country without parental care due to abuse, neglect, abandonment or another similar situation.

In the form of Special Immigrant Juvenile (“SIJ”) status, the U.S. immigration law provides a method for abused, abandoned or neglected children without legal immigration status to obtain permission to remain lawfully in the United States.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.
FREE in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2014, Law Offices of Gail S. Seeram. All Rights Reserved.