New York Lawyer's Legal Updates

Cancellation Of Removal For Non-Permanent Residents

13 November 2012

Author: US deportation lawyer Alena Shautsova Cancellation of removal is one of the forms of relief (defense) from removal (deportation). There can be different types of cancellation of removal: for permanent residents, for VAWA beneficiaries, and for certain aliens covered by special laws, and for non- permanent residents. In this publication, ...

Motion to Reopen After Removal Order

24 October 2012

Author: Deportation lawyer Alena Shautsova A person after removal proceedings may file a motion to reopen or reconsider with the Immigration Court or the Board of Immigration Appeals (the BIA) to receive a permission to restart the case. The procedure is defined by the Immigration and Nationality Act, Immigration Court Practice Manual and ICE Memo ...

Students Are Ordered to Self Deport

15 October 2012

Author: Deportation lawyer Alena Shautsova Recent news from San Diego, CA regarding ICE raids against the students working as gypsy cab drivers proves that ICE takes seriously violations of INA and particular prohibition on work without authorizations. The ICE officials searched the apartment building and approximately 40 students who were engage ...

Is It Beneficial To Act As A Defense Witness If You Are Deportable?

21 September 2012

Author: US deportation lawyer Alena Shautsova It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering t ...

Same Sex Marriage Lawsuit Challenges DOMA as Applied to Immigration

Author: Lawyer Alena Shautsova Recently, a same sex couple in California filed a lawsuit in federal court to challenge the deportation of same sex couples. The Defense in Marriage Act (DOMA) is a federal law passed in 1996 that only recognizes marriages of opposite sex couples. This particular case is brought by Jane DeLeon ...

ICE Heightens Actions to Deport Immigrants with Criminal Records

Author: Immigration lawyer Alena Shautsova Mid May, U.S. Immigration and Customs Enforcement (ICE) reorganized its efforts to beef up ICE fugitive search teams all over the country. The focus is on locating and deporting undocumented immigrants with criminal records. According to an article in the L.A. Times the number of agents tasked to these te ...

A Recent Deportation Case Victory

Author: Deportation lawyer Alena Shautsova For those facing deportation, hearing about immigration victories brings newfound hope. Such a case recently arose for two Florida girls, Daniela Pelaez and her sister Dayana. CNN reported that the Pelaez sisters met with their Florida senators in Washington to discuss the fact that a Miami immigration j ...

Aggravated Felony Can Mean Deportation for Legal Immigrants

Author: deportation attorney Alena Shautsova While immigration law often seems unfair, it is important to work with an immigration lawyer and also take advantages of protections under the law. A case in point involved a Japanese couple who immigrated to California in 1984. They opened a sushi restaurant and their business had expanded to two succe ...

How Previous Case Rulings Can Affect Deportation Decisions

Author: Law Office of Alena Shautsova The outcome of a deportation case depends on many factors. No two cases are the same and certain judges weigh case factors differently than others. Many legal arguments are available and which one will influence the judge to rule in an immigrant's favor is a variable. Recent deportation case with a successful ...

How Prosecutorial Discretion Relates to Cancellation of Removal

Author: Law Office of Alena Shautsova The legal term "prosecutorial discretion" has taken on a new emphasis and become a pivotal factor in the outcomes of certain deportation and removal cases. Prosecutorial discretion refers to "the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particula ...

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