Comprehensive Review of Prosecutorial Discretion Policy Shows Positive Results

ICE prosecutors in Denver, Colorado have been racing to meet the mid-January deadline ordered by the Obama Administration to review 7,900 deportation cases before the immigration court, according to a report in The New York Times. They have identified over 1,000 undocumented immigrants who are in deportation proceedings that are not a security risk, allowing them to remain in the United States without legal status. Even though the deportation becomes closed and off the docket, it can be reopened at any time.

The policy is part of an effort by the Obama Administration to curb deportations of individuals who are considered low-priority cases, such as those with no criminal records, as well as those with deep ties to the United States. Through this policy, ICE is able to prioritize its resources to focus on deporting criminals such as gang members and sex offenders - those who pose a threat to society and security. 

Running a case-by-case review has been a daunting task for the ICE prosecutors, but "they said they liked their newfound flexibility in pursuing cases - more like the routine practice of their peers in criminal courts," according to the report. Immigration court judges welcome the prospect of reduced backlogs. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters. 

2010 BIA Decision Could Help Undocumented Immigrants Who Crossed the Border Legally

A California man was able to avoid deportation based on a 2010 ruling by the Board of Immigration Appeals (BIA) - a law that could help many undocumented immigrants remain in the U.S, according to a report in the Sacramento Bee.

Rogelio Servin, 32, entered the U.S. with his family when he was child. Even though Servin did not have proper documentation to cross the border from Mexico, he was determined to have entered legally because an immigration officer waved his family through without questioning them. His family had been prepared to explain to the immigration officer that they wished to enter the country to visit their other son who had been severely burned in an accident and was being treated at Shriners Hospital in San Francisco. Servin remained in the country, married his wife and they had three chlildren. 

However, Servin was arrested for drunken driving last year. The U.S. Department of Homeland Security placed Servin in deportation proceedings after learning of his arrest, arguing that he had been convicted of a prior felony and had entered the country illegally. 

The 2010 BIA decision that helped Servin avoid deportation applies to undocumented immigrants who entered the country without sneaking over the border. Immigrants who arrive in the U.S. without documentation and who are immediate relatives of U.S. citizens may be entitled to seek legal permanent resident status if they traveled to the U.S. openly through a customs border and were permitted entry. This ruling does not apply to undocumented immigrants who evade customs officials by crossing into the country through mountains, deserts, and rivers. 

Servin successfully argued his case and "was judged to have come in legally because he was 'inspected and admitted' and he was awarded his green card because he was his family's sole supporter," according to the article. 

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters. 

72 Indonesians in New Jersey Fear Deportation

The New York Times reported yesterday that a community of 72 Indonesians living in central New Jersey for the past two years have been ordered to leave the United States by the Department of Homeland Security. Many of the Indonesians had escaped their homeland because of religious persecution. 


The order comes as a surprise to immigration advocates. Earlier this year, the Obama administration shifted its immigration enforcement plan to focus on deporting undocumented immigrants with criminal records. The Department of Homeland Security issued a directive in June, 2011, that urged immigration agents and lawyers to use prosecutorial discretion in handling deportation cases. The report explained that prosecutorial discretion includes consideration of a variety of factors, such as the duration of time an undocumented immigrant has lived in the United States and whether the undocumented immigrant was brought here as a child. 


Most of the Indonesians that are seeking help from supporters have been living in the United States for about 10 years, have American-born children, are employed, and have no criminal records - meeting many of the criteria necessary for relief provided by the new prosecutorial discretion directive. 


Two members of the House of Representatives have plans to submit a bill to provide relief for the Indonesians who are facing deportation by "allow[ing] certain Indonesians who fled persecution in their homeland between 1997 and 2002 to resubmit asylum claims that had been denied because they missed a one-year filing deadline." 


Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Cancellation of Removal of Non-LPR (Non Lawful Permanent Residents) and Abused Immigrants

Glickman Turley LLP attorneys recently won two applications for cancellation of removal of non-LPR residents pursuant to INA Sec. 240A(b).

In one case, our attorneys demonstrated that our client’s young U.S. citizen children would suffer “exceptional and extremely unusual” hardship if their father were deported back to his native Portugal. The client’s sons were pre-school children who suffered medical issues at birth that continued throughout their lives. The children currently suffered from asthma and learning disabilities.

In another recent case, our attorneys represented a woman who had suffered decades of abuse at the hands of her father. Because he was a U.S. citizen, she qualified for special-rule cancellation, which provides green cards to victims of domestic violence from U.S. citizen and LPR spouses, parents and children. The applicant needs to have lived in the U.S. for three years.

Special-rule cancellation of removal provides relief to abused immigrants in ways not available through affirmative VAWA self-petitions to USCIS. In cases of special-rule cancellation for children of abusive LPR parents, cancellation immediately grants LPR status, as compared to VAWA self-petitions that require the LPR children to wait for green cards pursuant to LPR children priority-date waitlists.

In cases of special-rule cancellation of removal for abused spouses, the applicant’s marriage to the abuser could have ended more than two years prior to the application for relief. This is an important distinction from VAWA self-petitions where the self-petition must be filed within two years of the divorce.

If you are an immigrant in deporation / removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief including cancellation of removal.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.