Guidance and Future Reference
Below is a list of articles written by Richard Herman that would give you the best understanding of litigation, immigration, documentation and even videos explaining how the litigation system works. If you have any questions regarding a case, please do not hesitate to call today at 1 (800) 808-4013.
Cancellation of Removal
Cancellation of removal is a one-time-only form of relief granted under court discretion. There are several factors the court will take into consideration when granting this relief. The requirements an immigrant must show differ for lawful permanent residents (LPRs), such as green card holders, and non-LPRs.
The Importance of an Interpreter and Following Attorney Advise
A few weeks ago we had a client interview for a marriage green-card case. As with many clients we prepped our clients, husband and wife, before the interview and advised them on what they can expect. Although the foreign national is proficient in English, it was clear that some of the legal terms that are used on the I-485 form was a challenge for him. The is why we advised him to bring an interpreter with him.
Key Issue to Flight Risk: Availability of Defenses to Removability
An alien seeking release on bond from immigration detention must address head-on the issue of whether they have viable defenses against removability. A viable defense means that the alien seeking temporary release from immigration detention has an interest in attending the removal proceedings because the alien has a viable defense to present to the Immigration Court. By this, they can show that they are not a flight risk and they can be trusted to attend the removal proceedings.
Motion to Withdraw Plea
Over time, immigration reform has drastically extended the list of deportable offenses that put many immigrants at high risk of deportation based on criminal conduct. As a result, more people face the process of deportation than receiving the fair opportunity of obtaining citizenship. Furthermore, if you are a non-citizen charged with any criminal offense, it is critical to retain counsel knowledgeable in immigration law.
Motion for Bond Determination
A motion for bond determination is a written request for a hearing by the alien who is detained. The alien may ask for a bond determination hearing by checking the box in the I-268 form (I do request an Immigration Judge review of this custody determination) or by orally asking the Immigration Judge for a hearing on bond determination.
“Crimes Involving Moral Turpitude” Explained
As mentioned, crimes involving moral turpitude (CIMT) cannot be defined with precision. The general framework of CIMT goes beyond its plain language meaning of “inherently vile and morally reprehensible crimes,” but also stems from extended case law.
Am I eligible for a bond?
An alien who is currently detained in an immigration detention facility should consider, first, whether they are eligible to request for release on bond because not all detained aliens are eligible for release on bond. If an alien is not eligible for release on bond it would be useless to ask for a bond hearing.
How to Win Your I-601 or I-601A Waiver Application
US immigration law excludes certain categories of people from entering the US or, if they are already in the US, from re-entering the US once they leave. The exclusion categories are broad and sometimes vaguely defined (committing a “crime of moral turpitude”, for example, can result in a finding of inadmissibility).
