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Category: Deportation

Deportation

Voluntary Departure

July 2, 2013

Voluntary Departure: To Take or Not to Take?

Author: New York Immigration lawyer Alena Shautsova

Voluntary departure is a relief from removal during which allows its beneficiary to depart the United States without an order of removal being entered against him/her. Many undocumented immigrants, especially those who happened to be in immigration proceedings for the first time, agree to sign the “VD” order without really understanding the drastic remedies that stood behind for failure to depart.
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Deportation

Defenses Against Removal And ICE Hold

May 13, 2013

Author: New York Deportation attorney Alena Shautsova

You just learned that your loved one was arrested and ICE put a hold on him/her. What do you need to do?

The first thing to do would be to consult with Criminal defense and Immigration attorneys. Very often, when an undocumented person or a permanent resident get arrested for criminal charges, the immigration authorities file an Immigration detainer: a document stating that upon release from the State or Federal custody, the person should be held up to 48 hours for ICE to come and take the person into their custody as they have a reason to believe the person is removable from the US. Most of the time, the basis for removal will be the pending criminal charges, which if come true (if the person is convicted or pleads guilty to them) will also become a problem under immigration laws. (See INA 212 and INA 237 for the list of offences that may render a person inadmissible or deportable).
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Deportation

Facing Deportation, Detained or Released?

April 3, 2013

When Facing Deportation, What Determines Whether You Are Detained or Released?

Author: Deportation lawyer Alena Shautsova

The Department of Homeland Security (DOHS) weighs two main factors when deciding whether to detain or release an immigrant who faces deportation: flight risk and risk to the community. The most heavily weighed factor is risk to the community, which aligns with the Immigration and Customs Enforcement (ICE) memorandum that addresses prosecutorial discretion and the focus on deporting immigrant criminals over immigrants with other violations. Those immigrants with aggravated felonies are top priority for detainment. ICE has limitations on how many immigrants it can detain, because it has 34,000 detention beds nationwide. Recent sequestration budget cuts resulted in ICE releasing detainees.
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Deportation

ICE Releases Illegal Immigrants

March 13, 2013

ICE Releases Hundreds of Illegal Immigrants Based on Sequestration Budget Cuts

Author: Law Office of Alena Shautsova

While a polarized U.S. Congress failed to come to terms with sequestration (forced budget cuts), ICE (Immigration Customs Enforcement) released hundreds of illegal immigrants being detained for deportation. The release was prior to and in anticipation of sequestration, which now has gone into effect.

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Deportation

Deportation Caution

March 6, 2013

Deportation Caution: Be Wary of Plea Bargains for a Misdemeanor Offense

Author: Law Office of Alena Shautsova

A recent article about deportation in the Washington Post alerts immigrants to a situation they may be unaware of that can lead to deportation. According to the article, when undocumented immigrants plead guilty to a misdemeanor, they often find themselves in the same category as defendants charged with violent crimes.

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Deportation

Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect

February 26, 2013

Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect

Author: New York Criminal Immigration Lawyer Alena Shautsova

The case of Padilla v. Kentucky, 559 U. S. 356 (2010) was one of the most exciting decisions in the recent years which acknowledged the importance of Immigration advice for non-citizens at the time of criminal proceedings. It one more time confirmed that a non –citizen pleading guilty to a crime, even a misdemeanor sometimes essentially waives all his immigration rights and signs his own deportation order. The Padilla case effectively opened a door for non-citizens who were not provided a competent advice regarding the immigration consequences of their guilty pleas to file a motion to vacate their guilty pleas.
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Deportation

Problems with E-Verify

February 5, 2013

The E-Verify program

Author: Deportation Lawyer Alena Shautsova

According to the United States Citizenship and Immigration Services (USCIS), E-Verify uses online databases to compare employees’ information filled out on an I-9 form with data from the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records. The comparison allows the government to verify employment eligibility in terms of valid immigration status.

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Deportation

Hispanics’ Call to Action for Immigration Reform

January 17, 2013

A coalition of Hispanic labor organizations and civil rights groups has begun mobilizing for immigration reform. The coalition consists of the National Council of La Raza, Service Employees International Union, the Labor Council for Latin American Advancement, the League of United Latin American Citizens, the National Association of Latino Elected and Appointed Officials, Mi Familia Vota, Voto Latino and the Hispanic Federation. The Arizona Daily Star reported about the coalition’s nationally launched campaign for immigration reform legislation in 2013.

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Deportation

Recapping 2012 Deportation Statistics

January 11, 2013

Deportation Statistics

Author: Deportation Lawyer Alena Shautsova

As one year ends and the next year ushers in, we like to take stock and evaluate, which help provide an analysis for future planning. While the Obama administration again promises immigration reform, statistics indicate that deportation during for the period of the President’s term and in particular deportation statistics during 2012 reached an all time high.

U.S. Immigration and Customs Enforcement (ICE) announced that the fiscal year ending deportation statistics were as follows:
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