Express Deportation Under Trump

According to the Miami Herald, federal prosecutors in criminal cases are asking district judges to issue what are known as “judicial orders of removal,” which ensure that a convicted foreign national will be deported on completion of the sentence instead of being sent to an immigrant detention center to await proceedings in immigration court and then a deportation order from an immigration judge. The new “express” deportation under Trump, implements the Attorney General’s April 11, 2017, memorandum expressing a “renewed commitment to criminal immigration enforcement,” is purported to shorten the wait time for deportation, bypass backlogs in immigration court, and save the federal government money in housing and food in immigrant detention centers. 

The usual legal process for foreign nationals convicted of a crime in federal court was a transfer to immigration authorities upon completion of their prison terms for initiation of deportation proceedings in immigration court.  Trump administration officials hope the judicial orders of removal lead to an assembly line of deportations straight from the federal penitentiary and back to the countries from where the foreigners came — a sort of “express deportation” under Trump that skips the legal process in immigration court.  Several have already been issued in Miami federal court since Trump took office in January in cases involving sentencing of foreign nationals in felony cases. (more…)

Deportation Lawyer Offers Tip to Avoid Removal

President Barack Obama was the champion of deportation as he deported or removed the most legal and illegal immigrants than any other President before him. A total 2.4 million were deported under the Obama administration from fiscal 2009 to 2014, including a record 435,000 in 2013, according to a Pew Research Center analysis of the data. However, President Trump has promised mass deportation under his presidency and deportation lawyer Gail Seeram can help you avoid removal from the U.S.

For fiscal year 2015, ICE apprehended 406,595 individuals nationwide and conducted a total of 462,463 removals (compared to year 414,481 in 2014). U.S. Border Patrol reported 337,117 apprehensions nationwide in 2015, compared to 486,651 in FY 2014.

Deportation lawyer Gail Seeram recommends (more…)

Orlando Immigration Court

Immigration Lawyer Gail Seeram has been representing immigrants in the Orlando Immigration Court since 2004 and practicing law since 1999.  The Orlando Immigration Court is located at 3535 Lawton Road, Orlando, FL 32803.  The telephone number for the Orlando Immigration Court is 407-722-8900.  Currently, the Orlando Immigration Court has seven (7) immigration judges.  If you have received a notice of hearing with a date and time (more…)

Deportation Protection By Obama Force State Lawsuits

Immigration Lawyer Gail Seeram fights deportation cases for her clients and is supportive of President Obama’s executive action granting deportation protection to nearly 4 million undocumented immigrants.  Last November, President Obama issued an executive order to give deportation protection to immigrants who enter under age 16, immigrant parents of U.S. citizens, expanded who can apply for the provisional waiver for unlawful presence and increased employment and investment opportunities for immigrants.  A federal lawsuit was filed (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.

Immigration Lawyer for Children Facing Deportation

President Obama to start program to provide lawyers to children facing deportation –  since October, more than 47,000 children traveling without parents (unaccompanied minor) have been caught trying to cross the southwest border.  There are a few options available for an immigration lawyer for children facing deportation:

Immigration Options for Unaccompanied Minor Immigrant Child – Asylum

You may apply for asylum as an unaccompanied minor if you:

  • Are under 18 years old;
  • Have no parent or legal guardian in the United States available to provide care and physical custody.

Asylum officers will decide your case if you are in immigration court proceedings or filed your application with an asylum office. You must attend your immigration court hearings and should follow the Immigration Judge’s instructions.

Immigration Options for Unaccompanied Minor Immigrant Child – Special Immigrant Juvenile (SIJ) Status

To be eligible for SIJ status:

  • You must be under 21 years old on the filing date of the Special Immigrant Juvenile Application
  • Your state court order must be in effect on the filing date of the Special Immigrant Juvenile Application and when USCIS makes a decision on your application, unless you “aged out” of the state court’s jurisdiction due to no fault of your own
  • You cannot be married, both when you file your application and when USCIS makes a decision on your application

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.