Deportation

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Sonhos Interrompidos - Como uma não conformidade tributária pode destruir o Sonho Americano de imigrantes não registrados - Parte...

Panorama - A Parte I desta série teve enfoque no pesadelo e problema imprevisto de declarações de impostos não apresentadas para imigrantes não registrados. As consequências de "empurrar o problema com a barriga"...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

Bongs and Busts – the Danger of State Cannabis Laws to Non-U.S. Citizens

Seattle, Washington, where I practice, is one of the most popular tourist destinations in the U.S. Its natural beauty and cosmopolitan vibe are two of its biggest attractions. But increasingly, Cannabis Tourism has been a...more

Broken Dreams - How Tax Non-Compliance Can Destroy the American Dream of Undocumented Immigrants - Part 2

Part I of this series focused on the unforeseen nightmare and problem of unfiled tax returns for undocumented immigrants. The consequences of “kicking the can down the road”, will have significant legal and financial...more

New Challenges for Immigration Law

A split vote between the eight Supreme Court justices has added to the challenges facing President Obama’s immigration plan. Without a majority vote in favor, it is possible that the Deferred Action for Parents of Americans...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

Não Deixe O Samba Morrer! (Don’t Let Samba Die!) - Considerações sobre imigração durante uma era Trump na Casa Branca ...

Panorama - Alguns meses atrás, parecia inimaginável que Donald Trump teria alguma chance de vencer a eleição para presidente dos EUA. Agora ele é o candidato republicano que disputa as eleições com a pouco fortalecida...more

Supreme Court Decides Torres v. Lynch

On May 19, 2016, the U.S. Supreme Court decided Torres v. Lynch (No. 14-1096), holding that a state criminal offense counts as an “aggravated felony” under § 1101(a)(43) of the Immigration and Nationality Act (INA) when it...more

Obama’s Executive Actions on Immigration: An Update to Two Key Initiatives Designed to Enhance the Employment of Highly Skilled...

In November 2014, President Obama issued a number of executive actions designed to make significant changes to the U.S. immigration system. The most controversial initiatives were the deferred action policies aimed at...more

January 2016 Immigration Alert

I. U.S. Supreme Court to Rule on Obama Immigration Plan - On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more

Immigration Caps Put Women & Children in Danger

The US has begun the process of deporting foreign nationals from Central American countries. In many cases, these individuals are women and children who fled wars, poverty, and crime in their homelands. Now, the US government...more

Supreme Court grants Certiorari in Texas v. USA

Tuesday, the Supreme Court granted certiorari in Texas v. USA, setting the stage for a blockbuster opinion on the legality of the centerpiece of President Obama’s program to lift the threat of deportation and provide...more

Appeals Court Rejects Obama’s Immigration Plan

A United States Court of Appeals has ruled that President Obama cannot move forward with plans to overhaul immigration rules by providing up to five million people with work permits and protection from deportation. According...more

Suspended Student Sues Penn State University Alleging New Sexual Misconduct Investigative Procedures Violate Due Process

Last week, a federal judge in Pennsylvania granted injunctive relief to a student who was suspended from Penn State University (the “University”) for alleged sexual misconduct. Specifically, the judge issued an order...more

Immigration Judges Retiring Among Surge in Cases

A shortage of immigration judges coupled with underfunding and an enormous backlog of immigration cases has created a bottleneck that has left the average immigration case pending for more than 600 days, according to various...more

Um recado na parede – a crescente maré de imigrantes: Posições dos candidatos à presidência sobre a reforma imigratória

Panorama - Nos últimos meses a imprensa americana tem feito a cobertura da Campanha Presidencial do Partido Republicano com a mesma intensidade que na Copa do Mundo. Uma das questões políticas que está no centro das...more

The Supreme Court Takes the BIA to Task

Yesterday, in an opinion authored by Justice Ruth Bader Ginsburg, the U.S. Supreme Court brought a measure of hope to non-citizens facing deportation on the basis of certain minor criminal convictions. In Mellouli v. Lynch,...more

Supreme Court Decides Mellouli v. Lynch

On June 1, 2015, the U.S. Supreme Court decided Mellouli v. Lynch, holding that a legal permanent resident may not be deported for a state-law drug conviction unless that conviction necessarily involves a drug covered by the...more

Uttering Forged Instrument – an Aggravated Felony and CIMT in the Eleventh Circuit

The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible or removable (deportable) under certain circumstances. For example, convictions of Crimes...more

BIA Holds Florida Criminal Mischief Not a CIMT

The Immigration and Nationality Act (INA) contains provisions that render individuals who are not yet U.S. Citizens inadmissible, or removable (deportable), under certain circumstances. For example, convictions of Crime...more

NLRB General Counsel Issues Aggressive Immigration Initiative—Employers Now Face Extraordinary Penalties

On February 27, 2015, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr. injected the NLRB into the national debate regarding border security, the rights of undocumented workers and their families,...more

Immigrant Who Used Someone Else’s SSN To Obtain Employment Was Properly Deported To Mexico

Gloria Ibarra-Hernandez, a native and citizen of Mexico, sought review of a final order of removal from the United States after the Board of Immigration Appeals (the “Board”) held that she was ineligible for cancellation of...more

How Immigration Executive Actions Will Play Out in 2015

Last November, President Obama announced several executive actions with respect to immigration. Specifically, the President announced the following immigration executive actions...more

President Obama Issues Executive Order On Immigration

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

The Immigration State of the Union: Obama Declares “We’ve Got a System to Fix”

On January 20, 2015, President Obama addressed the nation in the annual State of the Union address. Among the many topics that the president touched upon in his speech was immigration. After more sweeping immigration reform...more

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