Jan
29

Deportation by Speculation - the Rise of the Reason to Believe Charge

ICE has shown lately that it is becoming more willling to use any tool at its disposal to impact a removal proceeding.   One such trend has been the  notable increase in charging under section 212(a)(2)(C)(i) of Immigration & Nationalty Act.  This charge of removal or deportation is known by its standard, a “reason to believe” that an individual is knowingly involved somehow in drug trafficking.  This legal charge gives the government a powerful tool to try to keep a person in custody and bar him or her from staying in the United States.

In the bond and detention context, it is an...

Jan
12

Second DWIs and Unexpected Ramifications – Limiting a Person’s Ability to Prove Good Moral Character

DWIs and related offenses are already offenses that have grave consequences.  These offenses impact driving authorization, insurance costs, and expose a person to heightened criminal charges in the future.  A misdemeanor will morph into a felony quickly for repeat offenders.

The consequences of DWIs are not limited to more commonly known issues, such as licensing.  DWIs are now becoming a direct threat to a person’s ability to fight to remain in the United States regardless of the size of the person’s family, hardship imposed, or other positive contributions a person has made to his...

Nov
20

Absence Makes the Heart Grow Fonder, and the Threat of Deportation Stronger – Understanding the Effect of Omission in Visa Applications

The journey from visa applicant to American citizen can be long and arduous. At best, it takes years, and in some cases, decades. So, receiving a Notice to Appear in Immigration Court after your naturalization interview is incredibly frustrating. After applying, often multiple times, for a visa, finally receiving it, arriving in the United States, and spending years as a green card holder, the next step should be simple: you file your N400, attend your interview, swear the oath, and become a citizen. However, many applicants stumble at this last step and find themselves facing...

Nov
26

And Behind Door Number Two - a New Path to Post Conviction Relief

Many criminal convictions carry severe consequences for non-citizens. These range from not being able to adjust status to mandatory detention and removal from the U.S. The problem for non-citizens with a criminal history is compounded by the fact that the federal definition of what a conviction is sweeps much broader than the definition in Minnesota and other states. The Immigration and Nationality Act (“INA”) defines a conviction as a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where:

  a judge or jury has found the alien...