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Tag Archives: Removal Proceedings
Criminal Charges & Immigration Status Criminal charges can create massive complications for immigrants. Even lawful permanent residents (green card holders) may be subject to removal, may be arrested and detained, or may end up denied naturalization because of a past … Continue reading
United States v. Texas
Today the Supreme Court announced that it was deadlocked, four-to-four, on United States v. Texas aka the expanded DACA & DAPA case. As a result, Court issued a one-line non-decision that did not answer the vital question whether the president has the … Continue reading
What Happens To A Child After A Parent Is Deported?
The reports show that even parents of U.S. citizens are among thousands of undocumented immigrants being expelled from the United States each year. While ICE will typically not detain individuals who are the primary caretakers of US born children (unless … Continue reading
Recent ICE Raids
At the start of the year, the Obama administration launched a large scale effort targeting recent immigrants who have already been ordered to leave the country. More than 120 adults and children have already been apprehended in raids conducted in … Continue reading
Posted in Immigration Law
Tagged Divorce, ICE, Removal Proceedings, U.S. Immigration and Customs Enforcement
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The current situation in Ukraine does not merit the filing of an asylum application
by Tatiana B. Durbak, Esq. During the past month-and-a-half, I have received several inquiries from Ukrainians who would like to file asylum applications, based on the current situation in Ukraine. All of the people were quite insistent that their cases … Continue reading
The Difference Between Administrative Closure and Termination of the Notice to Appear (NTA)
Administrative closure is simply a procedural convenience that can be used to temporarily remove a case from the immigration court’s calendar. Under the Morton Memo and the August 18th announcement, ICE attorneys and officers who have the authority to exercise prosecutorial … Continue reading
DHS’s New Enforcement Priorities
In the June 17, 2011 so called “Morton Memo” on Exercising Prosecutorial Discretion, and a subsequent question and answer guide (FAQ) regarding the Obama Administration and Department of Homeland Security (DHS) August 18 announcement, DHS has made clear that its highest enforcement priorities … Continue reading
Posted in Immigration Law
Tagged Border Crosser, CBP, Deportation, DHS, DHS and Zero Tolerance, ICE, Immigration and Customs Enforcement, Joint Department of Homeland Security (DHS) -Department of Justice (DOJ) Working Group, Low Priority Deportation Cases, Morton Memo, Prosecutorial Discretion, Recent Border Crosser, Removal Cases, Removal Proceedings, Repeat Immigration Law Violators
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Can Cases with Criminal Convictions be Considered Low Priority Under the Morton Memo?
The Morton memo of June 17, 2011, titled Exercising Prosecutorial Discretion, states clearly that cases will be reviewed on a case-by-case basis and certain specific factors are to be considered and applied individually to each case. Determinations on cases are to be made … Continue reading
Posted in Immigration Law
Tagged BIA, Deportation, DHS, Immigration Courts, Immigration Enforcement Priorities, Joint Department of Homeland Security (DHS) -Department of Justice (DOJ) Working Group, Low Priority Deportation Cases, Morton Memo, Prosecutorial Discretion, Removal Proceedings
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What Happens to Low Priority Deportation Cases?
Under the Morton memo, DHS can determine whether a case is low priority or not. In order to do so, certain specific factors are to be considered and applied individually to each case. While DHS has made clear that no category of cases … Continue reading
Posted in Immigration Law
Tagged BIA, Deportation, DHS, Immigration Courts, Immigration Enforcement Priorities, Joint Department of Homeland Security (DHS) -Department of Justice (DOJ) Working Group, Low Priority Deportation Cases, Morton Memo, Prosecutorial Discretion, Removal Proceedings
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PROSECUTORIAL DISCRETION & LOW PRIORITY DEPORTATION CASES
On August 18, the Obama Administration and Department of Homeland Security (DHS) announced the establishment of a high-level joint Department of Homeland Security (DHS) – Department of Justice (DOJ) working group. This new group is to make sure that DHS and … Continue reading
Posted in Immigration Law
Tagged BIA, Deportation, DHS, EOIR, Immigration, Immigration Enforcement Priorities, Joint Department of Homeland Security (DHS) -Department of Justice (DOJ) Working Group, Low Priority Deportation Cases, Prosecutorial Discretion, Removal Order, Removal Proceedings, USCIS
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Law-Related Reflections 
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