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Due Process for Us Permanent
DUE PROCESS FOR U.S. PERMANENT RESIDENTS: THE RIGHT TO COUNSEL Sandra E. Bahamonde* I. INTRODUCTION ....................................... ........ 86 A. Immigration Court Proceedings ................. 88 II. LEGAL PERMANENT RESIDENTS. ......................... ....... 89 A. StatisticalInformation on LPRs ................. ..... 91 B. LPRs and IIRAIRA ................................. 91 III. CONSTITUTIONAL PROTECTIONS............................92 A. Life, Liberty and Propertyfor LPRs ........... ........ 93 B. The Gideon Promise........................ 95 C. Padillav. Kentucky ...................... ......... 96 IV. CIVIL OR CRIMINAL PROCEEDINGS ............................. 97 A. Article I Courts................................... 98 B. ProtectionsAfforded in Criminal Versus Civil Cases.............98 C. Matter of Castro ................................ 100 V. CIRCUIT SPLIT .............................................. 101 VI. CONCLUSION .................................................... 104 In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago. How does the United States, a country founded and built by immigrants, protect immigrants from such peril? The Fifth Amendment to the U.S. Constitution provides that, "no person ... shall be deprived of life, liberty or property, without due process of law."2 The inclusion of "no persons," extends due process protection to aliens and -
REINSTATEMENT of REMOVAL by Trina Realmuto 2
PRACTICE ADVISORY 1 REINSTATEMENT OF REMOVAL by Trina Realmuto 2 April 29, 2013 “Reinstatement of removal” is a summary removal procedure pursuant to § 241(a)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1231(a)(5), 8 C.F.R. § 241.8. With some statutory and judicial exceptions, discussed below, the reinstatement statute applies to noncitizens who return to the United States illegally after having been removed under a prior order of deportation, exclusion, or removal. Reinstatements generally account for more deportations than any other source.3 This practice advisory provides an overview of the reinstatement statute and implementing regulations, including how the Department of Homeland Security (DHS) issues and executes reinstatement orders. The advisory addresses who is covered by § 241(a)(5), where and how to obtain federal court and administrative review of reinstatement orders, and potential arguments to challenge reinstatement orders in federal court. Finally, the advisory includes a sample reinstatement order, a sample letter to DHS requesting a copy of the reinstatement order, a checklist for potential challenges to reinstatement orders, and an appendix of published reinstatement decisions. 1 Copyright (c) 2013, American Immigration Council and National Immigration Project of the National Lawyers Guild. Click here for information on reprinting this practice advisory. This advisory is intended for lawyers and is not a substitute for independent legal advice provided by a lawyer familiar with a client’s case. Counsel should independently confirm whether the law in their circuit has changed since the date of this advisory. 2 Trina Realmuto is a Staff Attorney with the National Immigration Project of the National Lawyers Guild. -
Practice Advisory Motions to Reopen for DACA Recipients with Removal
Practice Advisory Motions to Reopen for DACA Recipients With Removal Orders1 October 12, 2020 Table of Contents I. Introduction ...............................................................................................................................................3 II. DACA Recipients with Removal Orders .................................................................................................4 III. Overview of Types of Removal Orders and Their Consequences ......................................................7 A. Removal Orders Issued by an Immigration Judge ............................................................................7 1. Removal Orders Issued at a Hearing Where the Respondent Is Present ....................................8 2. Voluntary Departure Order That Converts to a Removal Order .............................................. 11 3. In Absentia Removal Order ........................................................................................................ 13 B. Removal Orders Issued by an Immigration Officer ....................................................................... 14 1. Expedited Removal Orders ......................................................................................................... 14 2. Reinstated Removal Orders ........................................................................................................ 16 1 Copyright 2020, The Catholic Legal Immigration Network, Inc. (CLINIC). This is an update of a practice advisory originally published in 2018. -
How Do I Renew Or Replace My Permanent Resident Card?
I am a permanent resident B2 How do I renew or replace my permanent resident card? A Permanent Resident Card (USCIS Form I-551) What application do I file to replace or renew my is proof of your permanent resident status in the United States. It Permanent Resident Card? also serves as a valid identification document and proof that you To apply to renew or replace your card, use Form I-90, Application are eligible to live and work in the United States. Although some to Replace Permanent Resident Card. Filing instructions and forms Permanent Resident Cards, commonly known as Green Cards, are available on our Web site at www.uscis.gov. contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. How do I file the I-90 to renew or relace my Permanent It is important to keep your card up-to-date. Without a valid card, it Resident Card? may be difficult for you to prove that you are a permanent resident, Please refer to our Web site under Immigration Forms, I-90, for and this could also affect your ability to travel or to prove your specific filing instructions, and then complete the form. You can also eligibility to work in the United States. e-file your I-90 on our Web site at www.uscis.gov. When do I need to renew my Permanent Resident Card? How do I remove conditions on my 2-year conditional You should renew your Permanent Resident Card if you were issued Permanent Resident Card? a card valid for 10 years that has either expired or will expire within Do not use Form I-90 if you are a conditional resident and your the next 6 months. -
The Dream Act: Good for Our Economy, Good for Our Security, Good for Our Nation
THE DREAM ACT: GOOD FOR OUR ECONOMY, GOOD FOR OUR SECURITY, GOOD FOR OUR NATION The DREAM Act is common-sense legislation drafted by both Republicans and Democrats that would give students who grew up in the United States a chance to contribute to our country’s well-being by serving in the U.S. armed forces or pursuing a higher education. It’s good for our economy, our security, and our nation. That’s why the DREAM Act has long enjoyed bipartisan support. It’s limited, targeted legislation that will allow only the best and brightest young people to earn their legal status after a rigorous and lengthy process, and applies to those brought to the United States as minors through no fault of their own by their parents, and who know no other home. Our country will reap enormous benefits when the DREAM Act is finally enacted: The DREAM Act will contribute to our military’s recruitment efforts and readiness. Secretary of Defense Gates has written to DREAM Act sponsors citing the rich precedent of non-citizens serving in the U.S. military and stating that “the DREAM Act represents an opportunity to expand [the recruiting] pool, to the advantage of military recruiting and readiness.” The DREAM Act is also a part of the Department of Defense's 2010-2012 Strategic Plan to assist the military in its recruiting efforts. The DREAM Act will make our country more competitive in the global economy. Secretary of Education Arne Duncan has stated that passing the DREAM Act will allow “these young people to live up to their fullest potential and contribute to the economic growth of our country.” In particular, the DREAM Act will play an important part in the nation’s efforts to have the highest proportion of college graduates in the world by 2020,” something vital for America to remain competitive in today’s global economy. -
The Biden Administration IMMIGRATION PRIORITIES
The Biden Administration IMMIGRATION PRIORITIES TRUMP ADMINISTRATION BIDEN ADMINISTRATION Twilight Executive Action First 100 Days 300 Days 500 Days Green Card Interviews. Re-prioritize green card interviews Public Charge. Revise document requirements for establishing New Rules. Issue new final DOL wage rule; issue new final New Rules. Suspend implementation of new final rules to focus on fraud data, removing interview requirements for financial capacity. DHS Strengthening H-1B rule (not published); and issue final pending review by Biden administration and withdraw employment-based applications and focusing on marriage- rule on H-1B lottery selection based on wage levels. DHS Strengthening H-1B rule. On January 20, the Biden based applications. Administration placed a temporary, 60-day regulatory On February 4, the Biden Administration announced that the freeze on certain rulemaking, including these new rules. effective date of the H-1B Wage Selection Final Rule will be delayed until December 31, 2021. Travel and Visa Bans. Rescind Proclamation 10052 STEM PhD H Cap Exemption. Exempt recent graduates of Annual EB Quotas. Work with Congress to increase the number Travel and Visa Bans. Extend COVID-related travel suspension of entry for certain H-1B, L-1, J-1, and H-2B PhD programs in STEM fields in the United States from annual of annual employment-based, immigrant visas beyond 140,000 restrictions and nonimmigrant (H-1B, L-1, J-1 and H-2B) visa non-immigrants and Proclamation 10014 suspension of H-1B caps. and create a process for varying the number based on and green card bans. new immigrant visas. contemporary economic circumstances. -
E-Verify Overview for Existing Users
E-Verify Overview for Existing Users www.dhs.gov/E-Verify Agenda . Form I-9 and E-Verify . Closing a Case . Handling a Tentative Nonconfirmation (TNC) . Compliance Monitoring . Additional Information E-Verify for Existing Users November 2015 2 Form I-9 and E-Verify When to Complete Form I-9 and Create a Case To comply with the Complete Form I-9 Create a Case in law E-Verify The earliest you may: The employee has The employee has accepted an offer of accepted an employment employment offer and Form I-9 is complete The latest you may: The third business The third business day after the day after the employee started employee started work for pay work for pay and Form I-9 is complete E-Verify for Existing Users November 2015 3 I-9 Process with E-Verify I-9 Process I-9 Process with E-Verify Employee completes -Employee must include SSN when completing Form I-9, Section 1. Form I-9, Section 1. -If the employee has not been issued his SSN, complete Form I-9 as normal and attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify. -If employee provides email address, employer MUST enter it into E-Verify. Employee chooses which -Employee chooses which acceptable document(s) to present. acceptable document(s) -If a List B document is chosen, it MUST contain a photograph. to present. -If an employee chooses to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9. -
Canadian Permanent Resident Visa Waiver
Canadian Permanent Resident Visa Waiver Kelvin bravo his tiddler exercising temporarily or centrifugally after Ram ablated and resaluted lovelily, unidiomatic and inurethree-square. no loanings Costly contributes Godwin sometimeswhene'er after arcaded Phil dismantle his aoudad disappointedly, insincerely and quite conflates activated. so insusceptibly! Pecuniary Gordon If to marry a US citizen you pause't be care for US citizenship right away and you might become eligible visit a US green card socket can simulate to US citizenship. What should ask do? They will be awake with a mask if they count not do one. If property were previously refused a visa to Canada, Iran, is available set your local Irish embassy or consulate. Canadian Schengen Singapore or UK visa or permanent residence permit. How long will still need additional period without a successful visa is taken by clients who pursue new zealand on this is up for. Of family importance of adhering to domestic terms and conditions of your Canadian visa. Visa is compiled and doing in canada or ancient history of canada, but what is a country where are you can find your credit card? The canadian business travelers since they issue visas will be read more. Unfortunately for canadian permanent resident visa waiver? Do Canadian Landed immigrants need a transit visa to travel. For example, including visa and other immigration information, St. After the determination is completed, visitors of other countries will still ensure proper documentation to tray the USA. Also, access you are entering Canada by dam, and Somalia. Zealand and residents may be translated marriage took place. -
The Case for Protecting Legal Immigration Against Recent Attacks
REPORT: THE CASE FOR PROTECTING LEGAL IMMIGRATION AGAINST RECENT ATTACKS April 2018 Developed by TABLE OF CONTENTS 02 REPORT: ATTACKS ON LEGAL IMMIGRATION 03 IMMIGRANTS ARE ECONOMIC MULTIPLIERS 04 ATTEMPTS TO DRAMATICALLY CUT LEGAL IMMIGRATION LEVELS HURT THE U.S.’S COMPETITIVE ADVANTAGE 13 REPERCUSSIONS OF CURRENT RESTRICTIONS ON LEGAL IMMIGRATION CHANNELS AND FUTURE IMPLICATIONS 14 SOURCES REPORT: ATTACKS ON LEGAL IMMIGRATION Immigrants and immigration are good for our country, good for our communities, and good for our economy. The U.S.’ greatest competitive advantage has long been a culture that welcomes immigrants and provides them with the freedom and opportunity to thrive. For generations, immigration has been a unique source of civic and economic strength, which grows GDP, increases wages for Americans, and has helped the United States avoid the fate of stagnant economies that have further struggled with an aging workforce. This report details the intentional effort by the current Administration and some Members of Congress to make immigration harder and more burdensome with the goal of reducing overall legal immigration. In the face of failed legislative efforts to reduce legal immigration levels drastically, the Administration has pursued a series of misguided policies designed to impede aspiring Americans from immigrating legally to the United States, and to make it more difficult for those already here to take part in the American Dream. Growing attacks on legal immigration levels have brought about harmful regulations, unnecessary obstacles, and detrimental enforcement actions. It is important to remember that efforts to gut our legal immigration system exacerbate an already broken immigration system that keeps the United States at an economic disadvantage. -
Alien Removals and Returns: Overview and Trends
Alien Removals and Returns: Overview and Trends Updated February 3, 2015 Congressional Research Service https://crsreports.congress.gov R43892 Alien Removals and Returns: Overview and Trends Summary The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. In 2012, there were an estimated 11.4 million resident unauthorized aliens; estimates of other removable aliens, such as lawful permanent residents who commit crimes, are elusive. With total repatriations of over 600,000 people in FY2013—including about 440,000 formal removals—the removal and return of such aliens have become important policy issues for Congress, and key issues in recent debates about immigration reform. The Immigration and Nationality Act (INA) provides broad authority to the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to remove certain foreign nationals from the United States, including unauthorized aliens (i.e., foreign nationals who enter without inspection, aliens who enter with fraudulent documents, and aliens who enter legally but overstay the terms of their temporary visas) and lawfully present foreign nationals who commit certain acts that make them removable. Any foreign national found to be inadmissible or deportable under the grounds specified in the INA may be ordered removed. The INA describes procedures for making and reviewing such a determination, and specifies conditions under which certain grounds of removal may be waived. DHS officials may exercise certain forms of discretion in pursuing removal orders, and certain removable aliens may be eligible for permanent or temporary relief from removal. -
NYS DREAM Act
English NYS DREAM Act The application for the Senator José Peralta New York State DREAM Act (“NYS DREAM Act”) is now available! Undocumented students and other immigrant students can now access New York State‐administered grants and scholarships to support their higher education costs, including New York’s Tuition Assistance Program (TAP). The application and supporting materials are available at www.hesc.ny.gov/dream. The Higher Education Services Corporation (HESC) has stated that eligibility depends on criteria related to immigration status and attendance of a NYS high school or NYS high school equivalency program. Who can benefit? According to HESC, eligibility for financial aid depends on your immigration status and when and where you attended and graduated high school or got your high school equivalency diploma. Eligible immigration statuses According to HESC, you can qualify if you have a U visa, a T visa, TPS, DACA, or have no immigration status. If you don’t live in NYS, you can also qualify if you are a U.S. citizen, green card holder, asylee, or refugee. Schooling You must also show that you have attended school in NYS. For those applying for financial aid at the undergraduate level: If you graduated from high school in NYS: · You must have attended high school in NYS for 2 or more years. · You must apply within 5 years of graduating high school. If you have a NYS High School Equivalency Diploma: · You must apply within 5 years of receiving a high school equivalency diploma. Students applying for graduate school aid have to apply within 10 years. -
Reinstated Removal Orders and the Right to Seek Asylum
Catholic University Law Review Volume 66 Issue 3 Spring 2017 Article 9 6-30-2017 Forever Barred: Reinstated Removal Orders and the Right to Seek Asylum Hillary Gaston Walsh, J.D. Follow this and additional works at: https://scholarship.law.edu/lawreview Part of the Immigration Law Commons Recommended Citation Hillary G. Walsh, J.D., Forever Barred: Reinstated Removal Orders and the Right to Seek Asylum, 66 Cath. U. L. Rev. 613 (2017). Available at: https://scholarship.law.edu/lawreview/vol66/iss3/9 This Article is brought to you for free and open access by CUA Law Scholarship Repository. It has been accepted for inclusion in Catholic University Law Review by an authorized editor of CUA Law Scholarship Repository. For more information, please contact [email protected]. Forever Barred: Reinstated Removal Orders and the Right to Seek Asylum Cover Page Footnote Immigration Attorney, Law Office of Hillary Gaston Walsh, J.D. William S. Boyd School of Law 2012. I thank Fatma Marouf, Stacy Tovino, Ashley Nikkel, and Cayla Witty for their insightful comments on earlier drafts of this Article. This article is available in Catholic University Law Review: https://scholarship.law.edu/lawreview/vol66/iss3/9 FOREVER BARRED: REINSTATED REMOVAL ORDERS AND THE RIGHT TO SEEK ASYLUM By Hillary Gaston Walsh, J.D.+ I. IIRIRA’S REVISIONS AND RAMIFICATIONS: THE STATUTORY AND REGULATORY BASIS FOR DENYING ASYLUM ACCESS TO NONCITIZENS WITH REINSTATED REMOVAL ORDERS ................................................. 618 A. Legislative Context: The American Anti-Immigrant, Anti-Asylum Seeker Political Environment of the 1990s ....................................... 620 B. IIRIRA’s Amendments to the INA and DHS’s Response ...................