Posts Tagged “Deportation”

3 Reasons To Know the Immigration Consequences of Criminal Activity

Posted on September 23rd, 2010 by Vinesh

First, the Supreme Court says you should. In early 2010, the Court ruled that criminal defense attorneys are required to advise clients on the immigration consequences of their pleas.  Failure to do so counts as  “ineffective assistance of counsel.”  Specifically, defense attorneys should advise non-citizens that deportation is “presumptively mandatory” when the risk of removal […]

New ICE Removal Policy Is Not Amnesty For Immigrants

Posted on September 1st, 2010 by Vinesh

After a tad bit of reading, I’m of the opinion that the new Obama policy everyone is fussing about is not actually amnesty.  It doesn’t create new grounds of relief for someone in removal proceedings.  It doesn’t eliminate existing grounds of inadmissibility.  It’s just a faster way of doing what would probably happen anyways.  It’s […]

Unofficial Immigration Reform?

Posted on September 1st, 2010 by Vinesh

While immigration reform has yet to pass — and may not any time soon — the Obama Administration is implementing what some call an unofficial amnesty.  While the Administration is ramping up deportations of aliens with serious criminal histories, it’s begun dismissing thousands of removal cases.  The criteria?  If you’ve been here 2 years or […]

The DREAM Act: A Positive Incentive-Based Approach to Immigration Reform

Posted on August 31st, 2010 by Vinesh

I applaud the DREAM Act, pending federal legislation that would give undocumented students a pathway to citizenship.  It’s unique because it gives illegal immigrants positive incentives to stay here and do good things.  The DREAM Act grants a 6-year conditional permanent residency to illegal immigrant students who (1) graduate from a US high school, (2) […]

Rifts Within ICE on Deportation Policy

Posted on August 31st, 2010 by Vinesh

Curiously, many lawmakers on the Left are unhappy with Obama’s stance on illegal immigration and deportation, arguing its enforcement measures are too harsh.  Even stranger, there’s now a rift within executive agencies.  An article in the Washington Post reports “festering internal divisions” between political appointees and career officials Immigration and Customs Enforcement (ICE).  Evidence of […]

How Good Are You?: Judging Moral Character in Removal Proceedings

Posted on August 30th, 2010 by Vinesh

Yes, the government is in the business of judging morality — at least when it comes to removal and deportation.  To get cancellation of removal for a non-LPR (lawful permanent resident), the alien must be a “person of good moral character.” Fortunately, the Immigration and Nationality Act attempts to constrain judges’ discretion to evaluate moral […]

Do I Qualify For Cancellation of Removal?

Posted on August 30th, 2010 by Vinesh

As a deportation lawyer in Dallas, Texas, I am frequently asked by clients about whether they qualify for cancellation of removal.  It’s no surprise, given that cancellation trumps common grounds of inadmissibility, like entering without inspection.  Unfortunately, the requirements for cancellation of removal are quite stringent. For lawful permanent residents (“LPRs”), one must (a) have […]