The BIA issued two new decisions on February 7, 2014 which may have a profound effect on asylum claims.
An applicant for asylum or withholding of removal seeking relief based
on “membership in a particular social group” must establish that the
group is (1) composed of members who share a common immutable
characteristic, (2) defined with particularity, and (3) socially
distinct within the society in question. (3) An applicant has the burden
of demonstrating not only the existence of a cognizable particular
social group and his membership in that particular social group, but
also a risk of persecution “on account of” his membership in that group.
The new wording requires a showing that the individual's membership in that particular social group makes him or her "socially distinct" within the society in question. The previous requirement was "social visibility" which was being applied by many immigration judges to require the group to be noticeably visible in society -- what the BIA has now termed "ocular visibility" (ocular being that which is connected to the eyes or vision).
The new precedent decisions from the BIA are beneficial as they clarify that groups which may not be visible out on the streets - such as closeted gay men - can be considered members of particular social groups for asylum purposes. Under the new precedents, whether a social group is recognized for asylum purposes is determined
by the perception of the society in question, rather than by the
perception of the persecutor.
The cases are Matter of W-G-R- and Matter of M-E-V-G-.
Sunday, February 16, 2014
Friday, December 27, 2013
$136,000 Spent by ICE Detaining Immigrant for Three Years Before Releasing Him
If only the mainstream American public knew the lengths to which ICE/DHS will go to attempt to deport law-abiding, hard-working permanent residents based on years or even decades-old criminal convictions. Our tax dollars are being spent to detain immigrants alongside murderers and criminals.
Business Insider reported on the story of a man who was held for three years by ICE. He was previously deported but returned to the country in 1994, and was then convicted of a controlled substance offense. He was held for three years at York County Prison in York, Pennsylvania by ICE before being released. Based on the story's details, it sounds like he was released on what ICE terms "parole" and must still report to ICE authorities periodically.
"Pierre's three-year nightmare signifies the Kafkaesque experience that some immigrants have when they're locked away with violent criminals while the U.S. government tries to deport them. Every day, thousands of legal immigrants are detained while the government tries to deport them for a past crime, according to the ACLU."
....
"Pierre's most recent serious crime was a 1996 drug conviction for which he had already served time. Pierre, a father of six kids, including two in the U.S. military, had paid his debt to U.S. society and put his life back together. It seems bizarre that Immigration and Customs Enforcement (ICE) would try to detain him years after his 1997 release, but that practice is not unheard of."
Read more: http://www.businessinsider.com/dave-pierres-nightmare-immigration-story-2013-11
Business Insider reported on the story of a man who was held for three years by ICE. He was previously deported but returned to the country in 1994, and was then convicted of a controlled substance offense. He was held for three years at York County Prison in York, Pennsylvania by ICE before being released. Based on the story's details, it sounds like he was released on what ICE terms "parole" and must still report to ICE authorities periodically.
"Pierre's three-year nightmare signifies the Kafkaesque experience that some immigrants have when they're locked away with violent criminals while the U.S. government tries to deport them. Every day, thousands of legal immigrants are detained while the government tries to deport them for a past crime, according to the ACLU."
....
"Pierre's most recent serious crime was a 1996 drug conviction for which he had already served time. Pierre, a father of six kids, including two in the U.S. military, had paid his debt to U.S. society and put his life back together. It seems bizarre that Immigration and Customs Enforcement (ICE) would try to detain him years after his 1997 release, but that practice is not unheard of."
Read more: http://www.businessinsider.com/dave-pierres-nightmare-immigration-story-2013-11
Saturday, December 14, 2013
Aggravated Felonies in Removal Proceedings - Left with (almost) no relief
I recently spoke to a detained non-citizen who is being charged with removability from the United States in the Batavia Immigration Court at the Buffalo Federal Detention Facility. He is charged on his "Notice to Appear" with having been convicted of an Aggravated Felony and therefore, he is removable from the United States.
So, what exactly is an Aggravated Felony?
It neither has to be a felony, nor does it have to be particularly "aggravated." It is a statutory definition that contains some serious crimes including murder, rape, sexual abuse of a minor, and drug trafficking crimes. It also contains some less serious crimes such as bribery, forgery or counterfeiting, or even failing to appear for sentencing. An “aggravated felony” is essentially any crime that Congress decided to label as such.
Non-citizens who have been convicted of "aggravated felonies" can be deported potentially without a removal hearing, can be held under "mandatory detention" with no bond while they wait for their case to be decided, are ineligible for asylum, cancellation of removal, or certain waivers of inadmissibility, and are ineligible for voluntary departure. They are also subject to a lifetime ban from re-entering the U.S. after deportation.
The only hope for someone convicted of an aggravated felony is to 1) use post-conviction relief to vacate the conviction and try to minimize the immigration impact of any new conviction, or 2) to apply for withholding of removal, if your home country's conditions are severe enough to make a case.
If you or a loved one has been convicted of an aggravated felony and are currently in removal proceedings, please call Mr. Borowski at 716-418-7431 to discuss your situation. Mr. Borowski represents clients in the Buffalo Immigration Court, Batavia Immigration Court and can handle cases for detained immigrants being held in the Pike County Prison in Pennsylvania, Moshannon Valley Correctional Center in Philipsburg, PA, York County Prison in York, PA, Lackawanna County Prison in Pennsylvania, Clinton County Correctional Facility in Pennsylvania, Orange County Correctional Facility in Goshen, New York. Mr. Borowski is also able to handle removal cases in Ohio and Michigan.
So, what exactly is an Aggravated Felony?
It neither has to be a felony, nor does it have to be particularly "aggravated." It is a statutory definition that contains some serious crimes including murder, rape, sexual abuse of a minor, and drug trafficking crimes. It also contains some less serious crimes such as bribery, forgery or counterfeiting, or even failing to appear for sentencing. An “aggravated felony” is essentially any crime that Congress decided to label as such.
Non-citizens who have been convicted of "aggravated felonies" can be deported potentially without a removal hearing, can be held under "mandatory detention" with no bond while they wait for their case to be decided, are ineligible for asylum, cancellation of removal, or certain waivers of inadmissibility, and are ineligible for voluntary departure. They are also subject to a lifetime ban from re-entering the U.S. after deportation.
The only hope for someone convicted of an aggravated felony is to 1) use post-conviction relief to vacate the conviction and try to minimize the immigration impact of any new conviction, or 2) to apply for withholding of removal, if your home country's conditions are severe enough to make a case.
If you or a loved one has been convicted of an aggravated felony and are currently in removal proceedings, please call Mr. Borowski at 716-418-7431 to discuss your situation. Mr. Borowski represents clients in the Buffalo Immigration Court, Batavia Immigration Court and can handle cases for detained immigrants being held in the Pike County Prison in Pennsylvania, Moshannon Valley Correctional Center in Philipsburg, PA, York County Prison in York, PA, Lackawanna County Prison in Pennsylvania, Clinton County Correctional Facility in Pennsylvania, Orange County Correctional Facility in Goshen, New York. Mr. Borowski is also able to handle removal cases in Ohio and Michigan.
Can a TN Visa Holder Change Job Duties If They Remain With The Same Employer?
Canadians and Mexicans can live and work in the United States if they fall the category of "NAFTA Professionals." The non-citizen may qualify for a TN Visa if the following requirements are met:
8 CFR 214.6(g) states that: "With a Form I-94. An alien may be readmitted to the United States in TN classification for the remainder of the authorized period of TN admission on Form I-94, without presentation of the letter or supporting documentation described in paragraph (d)(3) of this section, and without the prescribed fee set forth in 8 CFR 103.7(b)(1) , provided that the original intended professional activities and employer(s) have not changed, and the Form I-94 has not expired. (Paragraph (g) revised 10/16/08; 73 FR 61332 )."
It appears, at the very least, that if your "original intended professional activities" have changed you must file an I-129 and update with your new job duties in order to be entitled to readmission. If you leave the U.S. during the course of your TN visa's validity and re-enter, and the job duties have changed such that the original TN visa no longer reflects the correct job duties, you may be found inadmissible.
The Borowski Immigration Law Office is located just five minutes from the Peace Bridge and less than thirty minutes from the Rainbow Bridge and Queenston-Lewiston Bridge. We are proud to represent and counsel Canadians with their U.S. Immigration Law issues. You can reach me at 716-418-7431 or by e-mail through my website at www.borowskilaw.com.
- The profession falls under the list of occupations recognized by NAFTA
- The non-citizen possesses the specific criteria for that profession
- The employer requires requires someone in that professional capacity
- The Non-Citizen has a job offer, confirmed in writing, from a U.S. employer
8 CFR 214.6(g) states that: "With a Form I-94. An alien may be readmitted to the United States in TN classification for the remainder of the authorized period of TN admission on Form I-94, without presentation of the letter or supporting documentation described in paragraph (d)(3) of this section, and without the prescribed fee set forth in 8 CFR 103.7(b)(1) , provided that the original intended professional activities and employer(s) have not changed, and the Form I-94 has not expired. (Paragraph (g) revised 10/16/08; 73 FR 61332 )."
It appears, at the very least, that if your "original intended professional activities" have changed you must file an I-129 and update with your new job duties in order to be entitled to readmission. If you leave the U.S. during the course of your TN visa's validity and re-enter, and the job duties have changed such that the original TN visa no longer reflects the correct job duties, you may be found inadmissible.
The Borowski Immigration Law Office is located just five minutes from the Peace Bridge and less than thirty minutes from the Rainbow Bridge and Queenston-Lewiston Bridge. We are proud to represent and counsel Canadians with their U.S. Immigration Law issues. You can reach me at 716-418-7431 or by e-mail through my website at www.borowskilaw.com.
Monday, November 25, 2013
Batavia Immigration Court Deportation Cases
Recently I have had a lot of calls from people with family members being held in the Buffalo Federal Detention Facility. These individuals have been placed in removal proceedings in the Batavia Immigration Court in Batavia, NY which is part of the detention facility. These family members want to know if there is any way to fight the deportation of their loved ones.
Most non-citizens living in upstate New York who are placed in removal proceedings (deportation cases) and detained by Immigration & Customs Enforcement (ICE) are taken to the immigration jail in Batavia, NY which is located about forty-five minutes east of Buffalo, NY.
Likewise, anyone arrested by ICE along the Canadian border with New York State is also taken to the Buffalo Federal Detention Facility in Batavia, NY to face deportation proceedings.
The Immigration Judges at this facility are Steven Connelly and John B. Reid. Immigration Court is held on most weekdays and the majority of the respondents are not represented by counsel. The Court is located at 4250 Federal Drive, Room F108, Batavia, New York 14020 and their phone number is 585-345-4300.
As a Buffalo Immigration Lawyer, my office is located near downtown Buffalo, NY but I handle immigration law matters in Batavia, NY on a regular basis. I am available to visit your family member, analyze their Notice to Appear (DHS form I-862) and determine if they are eligible for relief from removal. As a Batavia Immigration Lawyer I fight for your right to remain in the United States.
I can also file a motion for bond to get your family member out of BFDF and back home. When a detained non-citizen is released on bond from the Buffalo Federal Detention Facility, their case is transferred to the Buffalo Immigration Court. My office is located just five minutes from the Buffalo Immigration Court.
Matthew Borowski at Borowski Law is an immigration lawyer in Buffalo who can fight against deportation. Please call me at 716-418-7431 to discuss your immigration problem today.
Most non-citizens living in upstate New York who are placed in removal proceedings (deportation cases) and detained by Immigration & Customs Enforcement (ICE) are taken to the immigration jail in Batavia, NY which is located about forty-five minutes east of Buffalo, NY.
Likewise, anyone arrested by ICE along the Canadian border with New York State is also taken to the Buffalo Federal Detention Facility in Batavia, NY to face deportation proceedings.
The Immigration Judges at this facility are Steven Connelly and John B. Reid. Immigration Court is held on most weekdays and the majority of the respondents are not represented by counsel. The Court is located at 4250 Federal Drive, Room F108, Batavia, New York 14020 and their phone number is 585-345-4300.
As a Buffalo Immigration Lawyer, my office is located near downtown Buffalo, NY but I handle immigration law matters in Batavia, NY on a regular basis. I am available to visit your family member, analyze their Notice to Appear (DHS form I-862) and determine if they are eligible for relief from removal. As a Batavia Immigration Lawyer I fight for your right to remain in the United States.
I can also file a motion for bond to get your family member out of BFDF and back home. When a detained non-citizen is released on bond from the Buffalo Federal Detention Facility, their case is transferred to the Buffalo Immigration Court. My office is located just five minutes from the Buffalo Immigration Court.
Matthew Borowski at Borowski Law is an immigration lawyer in Buffalo who can fight against deportation. Please call me at 716-418-7431 to discuss your immigration problem today.
Wednesday, November 20, 2013
NY's Highest Court Rules That Judges Must Inform Defendants of Possible Deportation as a Result of Criminal Guilty Pleas
Trial judges in New York must warn non-citizen defendants that they
could be deported before accepting guilty pleas in felony cases, the
state Court of Appeals has ruled. Defendants are entitled to be notified of such “a grave impact and
frequent occurrence,” the Court of Appeals said. The majority cited
increased deportations by immigration authorities under tougher US laws
and enforcement policy.
Judge Sheila Abdus-Salaam rejected the argument that Immigration and Customs Enforcement (ICE) has considerable discretion in deciding whom to deport. The roughly 188,000 non-citizen convicts now deported annually, up from about 37,000 when the federal law was amended in 1996, “would probably beg to differ on the point, and rightly so."
"A majority of this Court, consisting of Chief Judge Lippman, Judges Graffeo, Read, Rivera and me, finds that deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice that it may ensue from a plea. We therefore hold that due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony."
The decision was made in three separate cases where non-citizen defendants pleaded guilty to felonies without the court explaining that they could be deported.
This is a landmark decision which will have a broad impact on deportations in New York State. It goes further along the road paved by Padilla v Kentucky which requires that criminal defense counsel apprise their clients of the potential immigration consequences of a criminal conviction. Unfortunately, and likely due to misunderstandings about how the immigration laws work, the judges on the Court of Appeals have only held that the judge has a duty to apprise the defendant in felony matters. As any seasoned deportation defense practitioner knows, many misdemeanors can have consequences just as severe as felonies and indeed could be classified as "aggravated felonies" under the Immigration & Nationality Act (INA).
The full decision is available here: http://www.nycourts.gov/ctapps/Decisions/2013/Nov13/163-164-165opn13-Decision.pdf
I am sure we will be hearing a lot more about the impact of People v. Peque over the coming months. If you've pleaded guilty to, been convicted of, or charged with a New York felony and are facing potential deportation consequences, call my Buffalo Immigration Law Office immediately at (716) 418-7431 or visit the Buffalo Immigration Law firm of Matthew Borowski, Esq. at http://www.borowskilaw.com to discuss your removal defense options under this new case.
Judge Sheila Abdus-Salaam rejected the argument that Immigration and Customs Enforcement (ICE) has considerable discretion in deciding whom to deport. The roughly 188,000 non-citizen convicts now deported annually, up from about 37,000 when the federal law was amended in 1996, “would probably beg to differ on the point, and rightly so."
"A majority of this Court, consisting of Chief Judge Lippman, Judges Graffeo, Read, Rivera and me, finds that deportation is a plea consequence of such tremendous importance, grave impact and frequent occurrence that a defendant is entitled to notice that it may ensue from a plea. We therefore hold that due process compels a trial court to apprise a defendant that, if the defendant is not an American citizen, he or she may be deported as a consequence of a guilty plea to a felony."
The decision was made in three separate cases where non-citizen defendants pleaded guilty to felonies without the court explaining that they could be deported.
This is a landmark decision which will have a broad impact on deportations in New York State. It goes further along the road paved by Padilla v Kentucky which requires that criminal defense counsel apprise their clients of the potential immigration consequences of a criminal conviction. Unfortunately, and likely due to misunderstandings about how the immigration laws work, the judges on the Court of Appeals have only held that the judge has a duty to apprise the defendant in felony matters. As any seasoned deportation defense practitioner knows, many misdemeanors can have consequences just as severe as felonies and indeed could be classified as "aggravated felonies" under the Immigration & Nationality Act (INA).
The cases are the People v. Juan Jose Peque,
the People v. Robert Diaz and the People v. Michael Thomas, New York
State Court of Appeals, Nos. 163-165.
I am sure we will be hearing a lot more about the impact of People v. Peque over the coming months. If you've pleaded guilty to, been convicted of, or charged with a New York felony and are facing potential deportation consequences, call my Buffalo Immigration Law Office immediately at (716) 418-7431 or visit the Buffalo Immigration Law firm of Matthew Borowski, Esq. at http://www.borowskilaw.com to discuss your removal defense options under this new case.
Monday, November 18, 2013
Matthew Borowski, Esq. Discusses the Importance of Retaining Counsel in Immigration Court Matters
Watch Buffalo Immigration Lawyer Matthew Borowski, Esq. speak about deportation defense (removal defense) in the Immigration Courts in Buffalo and Batavia, NY. He highlights the importance of hiring legal counsel to fight against deportation, and how he helps non-citizens in removal proceedings by offering legal services at an affordable rate. You can reach Matthew at 716-418-7431 or www.borowskilaw.com
http://www.youtube.com/watch?v=-PZLJajpp1U
http://www.youtube.com/watch?v=-PZLJajpp1U
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