Prosecutorial Discretion and Same-Sex Relationships

U.S. Immigration and Customs Enforcement (ICE) has issued a memoranda clarifying one of the factors in its assessment of whether to exercise prosecutorial discretion in a case. The family relationships factor includes "two adults who are in a committed, long-term, same-sex relationship." More specifically, they are relationships where the individuals "are each other's sole domestic partner and intend to remain so indefinitely; are not in a marital or other domestic relationship with anyone else; and typically maintain a common residence and share financial obligations and assets." 

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For representation, please contact Glickman Turley LLP at 617-399-7770. 

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, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.    

Youth Deferred Action Applications Being Accepted by USCIS Effective Today

Today, the United States Citizenship and Immigration Services (USCIS) will accept applications in consideration of deferred action for childhood arrivals. The applications will be considered on a case-by-case basis for individuals who came to the United States as children and meet other guidelines as directed by USCIS.  

The USCIS press release stated: "Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion...While it does not provide lawful states or a pathway to permanent residence or citizenship, individuals whose cases are deferred as part of this process will not be removed from the United States for a two-year period, subject to renewal, and may also apply for employment authorization."

See "Consideration of Deferred Action for Childhood Arrivals Process" at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f2ef2f19470f7310VgnVCM100000082ca60aRCRD&vgnextchannel=f2ef2f19470f7310VgnVCM100000082ca60aRCRD.     

For representation, please contact Glickman Turley LLP at 617-399-7770. 

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, trademark law, probate matters including wills, powers of attorney, health care proxy, same-sex co-parent adoptions, guardianships, animal law, or LGBT legal matters.   

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. 

Pew Hispanic Center Poll: Latinos Disapprove Obama's Immigration Policies

A study by the Pew Hispanic Center revealed that most Latinos disapprove of President Obama's immigration and deportation policies. The annual average number of deportations under the Obama administration has reached a record-setting high, with 400,000 illegal immigrants deported since 2009. Additionally, illegal immigration has decreased, hitting a decade low, because of the economy and increased law enforcement efforts, according to an ABC News blog. 


However, most registered Latino voters are throwing their support behind the Democratic Party and President Obama in the upcoming 2012 election. The Pew study did not focus on the Obama administration's recent prosecutorial discretion policy where the Department of Homeland Security (DHS) will direct its efforts on granting reprieves on a case-by-case basis to individuals who do not have criminal convictions. DHS has reviewed 15,000 cases so far, but with a total of 300,000 cases to review, administration officials emphasized that implementing this policy will take some time. 


White House spokesman Luis Miranda said to ABC News blog that "This Administration has made dramatic improvements by developing clear immigration enforcement priorities for the first time ever that include focusing on those with criminal records, a smarter approach from a law enforcement perspective that also better reflects our nation's values." 


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.

Prosecutorial Discretion for Deportations Handled Unevenly

The New York Times reported that the Department of Homeland Security is applying new policies encouraging consideration of prosecutorial discretion unevenly throughout the United States. In various cases, Immigration and Customs Enforcement (ICE) has granted relief to immigrants facing deportation even without advocacy. Many of these cases involve immigrants who would have qualified for relief under the DREAM Act pending before Congress. In other circumstances, ICE has resisted granting prosecutorial discretion in the face of guidelines encouraging leniency.

Immigration Court & Prosecutorial Discretion

Glickman Turley LLP attorneys’ advocacy resulted in approvals of requests to exercise prosecutorial discretion to terminate removal / deportation proceedings in the Boston Immigration Court. Our attorneys filed compelling petitions to the Department of Homeland Security Immigration and Customs Enforcement agency (ICE) setting forth reasons why particular clients should not be in removal proceedings. ICE attorneys responded favorably to our requests within two weeks.

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 an excercise of prosecutorial discretion.

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.