Greetings! Beach-Oswald Immigration Law Associates is committed to providing you with this newsletter to keep you up to date with information regarding immigration law and other issues that affect you! Read on for our November 2011 e-newsletter edition! We would also like to wish you and your families a blessed Thanksgiving! |
|
|
Prosecutorial Discretion - Will it really materialize?
The Department of Homeland Security has issued a new directive regarding the implementation of the Morton Memo on Prosecutorial Discretion. This guidance is critical for the Immigration and Customs Enforcement to review 300,000 immigration cases to assess whether ICE should seek removal hearings against an individual alien. The New York Times on November 17, 2011 noted that individuals who are high priority will be put on an expedited calendar. The exercise of prosecutorial discretion will be in phases, with the first to pose an initial test run and the second to specifically focus on the Immigration Courts in Baltimore and Denver. With the average wait time in the Immigration Courts now totaling 482 days, this new directive is a necessary step for making the immigration courts more efficient. The problem is worse for the immigration courts in California with an estimated wait time of 666 days.
In its guidance to ICE attorneys, the Department of Homeland Security laid out several factors that should be considered if an individual should face an expedited hearing. These include individuals who are:
- suspected terrorist or national security risk,
- an individual who has been convicted of certain felonies or serious misdemeanors,
- gang members, and those who entered the country illegally,
- person who entered the country illegally or violated the terms of admission within the last three years,
- individual who has been previously removed from the country
- individual who has been found by an immigration officer or immigration judge to have committed immigration fraud
- individual who otherwise has an egregious record with immigration
Cases in which ICE attorneys are to exercise prosecutorial discretion include:
- members of the Coast Guard or Armed Forces
- children who have been in the U.S. for more than five years; victims of domestic violence; an individual who has close family ties to the U.S.
- individuals over the age of 65 who have been in the United States for at least 10 years.
- Victims of domestic violence
- LPR for ten years or more and who have a single, minor conviction for a non-violent offense
- Administratively closing some asylum cases in exchange for abandonment of work authority and return to status
The Department of Homeland Security stresses that the factors must be assessed with a totality of the circumstances and there is no one bright-line test for exercising prosecutorial discretion. Of particular interest is that an individual can submit materials to ICE to help them in their decision as ICE attorneys are not restricted to just looking at the official record on the alien.
Several members of Congress on Task Force on Secure Communities stated their support for prosecutorial discretion in a letter to Department of Homeland Security. They believe that prosecutorial discretion is an important law enforcement tool and note that it is an administrative agency who is entitled to do so.
One problem that may emerge as ICE attorneys try to implement prosecutorial discretion is that each OCC has been instructed to create their own standard operating procedure for attorneys within that OCC office to follow. Rather than having uniformity within the Immigration Court system, aliens in one immigration court may have better likelihood of having prosecutorial discretion exercised because of the guidelines set by the OCC for their area. Individuals who are granted prosecutorial discretion will stay in the same status which will prevent them from becoming productive American citizens. The Department of Homeland Security must develop guidelines for those that receive favorable prosecutorial discretion to create an eventual pathway to citizenship.
Finally, the Obama Administration has pledged to keep up its deportation efforts. Last year, the administration deported 400,000 illegal aliens and the secretary of the Department of Homeland Security has pledged that the number will be matched this year. With 300,000 cases in the Immigration Court system and a DHS goal of deporting 400,000 individuals, one can't help but wonder how much prosecutorial discretion will be exercised. Also as the Task Force Committee make abundantly clear this may just be a veneer to sugar pill "secure communities" that has lost respect of the communities who wish to exit it and created fears of a police state among others.
|
TRADITIONAL THANKSGIVING FOODS CROSSWORD
Be the first to correctly solve the crossword and you will win $50 to go toward your legal fees! If you are a new client, you will receive $50 off of your consultation fee.
1. _________ potatoes
2. Green bean ___________
3. Type of vegetable, also known as maize
4. Goes inside of a turkey
5. Apple _________ (drink)
6. Baked break __________
7. Vegetable mixture
8. Type of soup often used to make the dish named in #2.
9. __________ sauce, which goes on the turkey
10. Made from leftovers the day after thanksgiving
11. ________ pie, made with nuts
12. ________ pie, served with a scoop of vanilla ice cream
13. The avian dish that is the main course
14. Made from turkey giblets
15. Orange vegetables, which are usually candied
Word bank:
Carrots, casserole, cider, corn, cranberry, gravy, mashed, mushroom, pecan, pumpkin, rolls, salad, sandwiches, stuffing, turkey |
|
Recent Successes 
Ms. N a native of Cameroon, was finally granted political asylum, after many years of struggling to achieve such status. Ms. N retained BOILA to assist her several years ago in the filing of an appeal to the Board of Immigration Appeals. BOILA's appeal was successful and after new proceedings were conducted, Ms. N was granted asylum in the United States.
Mr. D a Francophone native of Cameroon, was granted asylum by the Arlington Immigration Court. With BOILA's assistance, Mr. D established that he suffered past persecution on account of his political opinion in his native country, entitling him to refugee status here in the United States.
Mr. S a citizen of Pakistan, had his removal proceedings terminated by the Baltimore Immigration Court. Mr. S. has been a client of BOILA's for many years and has been struggling to achieve lawful status in the US. Despite opposition from DHS, the Baltimore Court granted BOILA's motion to terminate his removal proceedings to permit him to adjust his status to a lawful permanent resident.
Mr. N who BOILA had previously assisted in his efforts to secure political asylum in the United States, was recently granted his green card through the ongoing assistance of BOILA.
Mr. & Miss M were recently granted their green cards. BOILA had previously assisted these two children in obtaining derivative asylum through their mother, who BOILA had helped in securing asylum based on domestic abuse she suffered at the hands of her husband.
With BOILA's assistance, Mr. M, a citizen of England, was granted his green card through an approved petition filed on his behalf by his US citizen wife.
Mr. F was granted his green card, after he retained BOILA to assist him in the filing of a refugee waiver of inadmissibility. While BOILA had assisted Mr. F in his asylum application over a year ago, Mr. F required further assistance in obtaining lawful permanent resident status because of misrepresentations he made at the time he entered the US.
Mrs. B a native citizen of Cameroon and resident in Cleveland, Ohio, got her I-130 petition approved by USCIS. Last month through BOILA's help, ICE stayed her deportation in order to allow her to pursue her pending I-130. Ms. B is the wife of a US citizen and mother of 2 US citizen children. Now that her I-130 petition is approved, BOILA is hopeful that the BIA may exercise its discretion in her favor to reopen her removal proceedings so that she may seek to legalize her status in the United States through the approved petition.
Ms. T, a citizen of Cameroon, will have a second chance to have case heard by the Immigration Court after her Motion to Reopen her proceedings was granted.
Mr. T, a citizen of Russia, had his O visa approved by USCIS. BOILA assisted Mr. O in establishing that his talents as a viola player qualify him as an alien with extraordinary abilities. |
|
4th Circuit Remands Tassi v. Holder
Danielle Beach-Oswald, Managing Partner of Beach-Oswald Immigration Law Associates, argued this case and has once again shown her tremendous knowledge and ability in the field of immigration law by making binding 4th circuit precedent in the case of Tassi v.Holder.
Tassi, a student activist from Cameroon,entered the United States in 2002 and applied for asylum. She was arrested three times in Cameroon because of her activities against the Cameroonian government. In spite of Tassi submitting abundant documentation proving her involvement with the Cameroonian opposition group SCNC and the torture and abuse she faced in Cameroon,the Immigration Judge denied Tassi's asylum case because of several minor discrepancies and inconsistencies in the initial evidence presented to the Immigration Court. The Immigration Judge also found issues of credibility in Tassi's testimony as well as possible forging of documents. This decision was affirmed by the Board of Immigration Appeals.
In its decision, the 4th Circuit criticized the Immigration Judge for attempting to make an asylum seeker's evidence comport with the strict rules of the Federal Rules of Evidence used in most court proceedings. The IJ was also criticized for relying on "speculation" and"assumption." Because the Immigration Judge refused to accept certain forms of evidence at the asylum hearing, including key testimony, questionable documents and letters in support that Tassi faced persecution in Cameroon because they were unable to be independently corroborated, the 4th Circuit reversed the prior rulings. The 4th Circuit also criticized the Immigration Judge for having "imposed her own assumptions about the steps necessary to evade detection and the efficiency of Cameroonian airport officials in identifying wanted student activists."
Ms. Tassi will now have an opportunity for remand to an Immigration Judge. Mrs. Oswald has had much success in the federal circuit courts of appeals with Tassi v. Holder joining other fourth circuit victories including Mbah v. Holder and Itoe v. Gonzales and Ngengwe v.Gonzales in the 8th Circuit. To read the 4th Circuit opinion, please click here and feel free to contact us to discuss your immigration case.
|
|
USCIS Updates
USCIS has released the latest policy updates this month
In an effort to deter fraud, USCIS is in the effort of launching new Employment Authorization Documents (EAD) and Certificates of Citizenship. USCIS believes that 1 million people will receive the new documents over the next year and began issuing the new Employment Authorization Documents on October 25. For those that currently have an EAD, they will receive the newly designed cards when they apply for renewal or replacement. USCIS also launched a new certificate of citizenship on October 30 which features a digitized photo. This isn't the first time that USCIS has tried to implement new devices in its document to deter counterfeiting. In 2010,USCIS began issuing new Permanent Resident Cards. However,the process for applying Employment Authorization Documents and Citizenship remains the same. If you are in need of assistance in applying for these items, please contact the experienced attorneys at Beach-Oswald Immigration Associates.
Additionally, the secretary of Homeland Security has extended Temporary Protection Status (TPS) for citizens of Honduras and Nicaragua. TPS for nationals of both countries has been extended until July 5, 2013. It is important that if you are seeking an extension of your TPS, you apply before January 5, 2013. This will also lead to a new Employment Authorization Document. If you are in need of assistance in applying for these items, please contact the experienced attorneys at Beach-Oswald Immigration Associates. |
|
D.C. Takes Firm Stance Against Immigration Checks
Washington D.C.'s stance on illegal immigration differs greatly from some states including Georgia, Indiana, Alabama, and Arizona. Since the District does not believe they should engage in Jim Crow type laws or witch-hunts they believe that the federal government should handle immigration matters which lie under the purview of their jurisdiction. City officials in the District of Columbia are holding firm on immigration, and refusing to enforce Customs and Immigration Enforcement ( ICE) detainers or warrants resulting directly from immigration violations. Mayor Vincent Gray signed an executive order instructing police officers and public service officials not to question the immigration status of persons with whom they come into contact. This stands in sharp contrast to other states who have proactively made laws asserting immigration is under their jurisdiction.
Mayor Gray stated, "In the spirit of 'OneCity and assuring the equal treatment of citizens and non-citizens alike, I am delighted to sign this."
Currently, with over 12 million illegal immigrants in the U.S. and a bad economy, many persons have chosen to target the immigration illegals as a "scapegoat" for economic woes. Many conservatives have suggested laws restricting housing, education restrictions, licenses, and laws to force police to detain those suspected to be illegal. This has resulted in a equally responsive emphasis by Latinos and other civil right activists on the negatives of this type of enforcement such as jobs created by small enterprises of immigrants, statistics of 5100 US children forced into foster homes whose parents were deported, rotting vegetable fields for lack of laborers and emphasis on economic cost and profiling resulting from targeting illegals.
In Arizona, Latinos have removed their school-age children for fear of being removed.. D.C fears that illegals will not report crimes they see and would be the victim of crimes if they are targeted. Nonetheless, the very irony of having D.C. thumb their nose in the Capital of the country is courageous and contentious. Many are also concerned about possible law suits that would result from inherent errors of arrest as to how a police officer distinguishes a legal from an illegal?
Opponents to Gray's executive order such as Kenneth Baumann, the chairman of the D.C. Fraternal Order of Police labor committee stated to The Washington Post, "Vince Gray right now is under such duress, he is willing to pander and fold to any group in order to take the scrutiny off himself,".
If the District can stand firm while in Washington's shadow, to promote "equal treatment of all" then certainly other states will follow suit and see the ignonomy of this xenophobic behavior. Certainly, crime and national security must be a concern, but not at the cost of focusing on a small group of non-criminal individuals who are often unable to protect themselves and by burdening the police force to make distinctions which they are not trained to make. |
|
The Ultimate Flip Flopper
There is nothing worse in politics than being called a flip-flopper. Who can't remember the 2004 GOP convention when 10,000 convention attendees raised flip flops whenever John Kerry was mentioned.Although John Kerry may have been a flip-flopper on the issue of the Iraq War, 8 years later President Obama is also showing to be a flip-flopper as well - with regards to immigration.
Within the next few weeks, the Department of Homeland Security will begin to implement in high gear the policies of the Morton Memo on Prosecutorial Discretion. This is all part of Barak Obama's wider policy of being "tough on enforcement" to expel mainly criminal offender illegal immigrants from the United States.Additionally, President Obama has also spoken about the importance of keeping the children of illegal immigrants out of foster care and under the care of the parents.
Yet while President Obama may be trying to appeal to certain classes of voters, actions certainly speak louder than words. Between September 2010 and September 2011, the Immigration and Customs Enforcement announced that they had deported over 396,906 people.Only half of these had a criminal record.The Financial Times noted that certain illegal aliens who have worked and paid taxes in this country, are facing a renewed risk of deportation.This is spite of the fact that tax collectors have no responsibility to report illegal immigrants.
Additionally, a study from the Berkeley Study noted that the Hispanic community is feeling the blunt of many of Obama's policies as 93% of those arrested under the Secure Communities program have been Hispanic while they only represent 77% of the undocumented population.
It's time for President Obama to wake up on his stance on immigration. He may talk the talk, but he doesn't walk the walk.He may be taking Hispanic voters for granted come the 2012 presidential election, but a recent study from Gallup noted that his approval rating has fallen by 12% from 60% to 48% within the Hispanic voting population.His flip-flopping on immigration may well cost him a second term as Hispanic voters make out key constituencies in so many critical swing states.
|
|
|
|
|
| | |
 | |
Danielle Beach-Oswald has been a member of the American Immigration Lawyers Association for over 20 years. |
| |
|
|
Department of State Priority Dates |  | |
For nationals of all countries but India, China, and the Phillipines
F1 - Unmarried Sons and Daughters of US Citizens - July 22, 2004
F2 - Spouses and Children of Permanent Residents - February 15, 2009
F3 - Married Sons and Daughters of US Citizens - September 22, 2001
F4 - Brothers and Sisters of Adult US Citizens - June 15, 2000 |
|
The Forgotten Children of our Immigration System
| | |
In a year in which Immigration and Customs Enforcement (ICE) was able to deport a record number of 400,000 individuals there is one group that has been forgotten - the children of illegal immigrants that are currently detained.
A new study by the Applied Research Center noted that there are currently 5,000 children in foster care because their parents are in ICE detention centers. The study noted that if the situation doesn't improve over 51,000 children of illegal immigrants will also end up in foster care.
Additionally, 46,000 of those deported in the first half of 2011 had US citizen children.
Although ICE has a policy of trying not to detain individuals who are the primary caretakers of children, one can't help but question whether ICE is truly implementing this policy. The situation is especially bad in the Rio Grande Valley in Texas. Often times, the distances between the child and the detention center further complicates the problem.
One troubling aspect of the study noted that children are likely to enter foster care after their mothers call the police for help from domestic abuse. While these mothers should be able to receive U Visas, both they and their children suffer because of ICE's overly aggressive policies.
When a child whose parents are detained is in foster care, the struggle for them to have legal custody is difficult. These parents often times cannot attend the hearings regarding the custody of their children. Their ability to communicate with their children while in foster care is also a difficulty.
A study released by the University of Wisconsin noted that children who are raised in the foster care system face difficulties in school and have lower probability of eventually attending college. As many as 25% of adults who were raised in the foster care system need government assistance.
Additionally, males who were raised in the foster care system have a 25% to 35% chance of being arrested. Children raised in the foster care system are more prone to problems like teen pregnancies.
Given the problems with our nation's foster care system, the children of illegal immigrants should not be punished because of the overly hostile nature of ICE's deportation policies.
Rather than allowing them to become productive members of society, ICE's immigration policy is shattering families. The children of illegal immigrants - both those that are here legally and illegally - are entitled to things such as education.
It's time for ICE to truly implement the Morton Memo on Prosecutorial Discretion and realize that those that have children should not be targeted. Otherwise, these children remain at risk and will face increased hurdles of becoming productive members of society. |
|
|  |
Representative Chaffetz (R-UT) recently introduced HR 3012 at the end of September. His bill is a step in the right direction for increasing quotas. If it becomes law, it will eliminate the employment based cap per country by 2015. Additionally, it raises the family sponsored cap by country from 7% to 15%.
At the end of October, this bill passed the House Judiciary Committee. It is scheduled to eventually move on to a House Floor Vote. We are tracking this piece of legislation and how it can benefit you as you seek to bring family members and immediate relatives to the United States.
|
|
The Justice Department Strikes Back |  |
For all the complaints that one may have regarding this administration's commitment to immigration reform, the latest actions of the Justice Department are worthy of some praise. Eric Holder's Department of Justice is striking back on bigoted state immigration laws and is attacking them on multiple fronts.
Although a law suit has already commenced against Alabama for its excessive new immigration law, the Department of Justice has taken this one step further and is also considering a new law suit over possible civil liberty infractions.
Although the Justice Department previously requested from the Alabama Attorney General information about Hispanic students that were pulled from their schools after their harsh immigration law when into effect, the Alabama Attorney General balked at the request. Given the increasing nature of deadlock between the Justice Department and Alabama officials, with individuals in Alabama's Department of Education instructing school boards not to comply with the Justice Department's requests, a new law suit is expected about possible civil right infractions in the state of Alabama.
Alabama's state history is already checked from its segregationist past. It was nearly 50 years ago when then Alabama Governor George Wallace attempted to stop federal efforts at desegregating the University of Alabama. Although a federal appeals court already temporarily blocked one aspect of the Alabaman bill which required public schools to ask for birth certificates to determine their citizenship, certain provisions of the bill are already in effect including allowing police to check immigration status of individuals if they are enforcing other laws and forbidding illegal aliens from engaging in business transactions.
Since its implementation, the Justice Department has also begun an investigation in other civil rights violations that may be happening in the state - including racial profiling of Hispanics during traffic stops. Already there are questions of jurisdiction with Alabama claiming that the Department of Justice doesn't have the authority to request the school records.
The Department of Justice should also be applauded for asking the Supreme Court not to grant certiorari with regards to Arizona's immigration law. After the 9th Circuit upheld a federal judge's ruling that preventing several aspects of the bill from going into effect, the Department of Justice wants the Supreme Court to uphold the 9th Circuit's decision and believes that that there are no remaining issues of contention.
These battles between the Department of Justice and various states show that the issue of immigration is broader than immigration itself - it also encompasses the issue of civil rights. Although America prides itself on having moved based the era of Jim Crow laws, electing an African American President, and creating equality for different races, oppressive immigration laws are a step back into the 1950s and 1960s. |
|
Pro-Bono Event for December |  |
To Celebrate the Holiday Season, BOILA will be donating 10% of the proceeds of all New Client Consultations to the Torture Abolition and Survivors Support Coalition International (TASSC), a local non-profit organization founded by and for torture survivors, representing countries and ethnic groups throughout all parts of the world.
TASSC has assisted many clients of BOILA, providing them with much needed assistance as well as a with a sense of community and empowerment. BOILA would like to thank TASSC, by giving back to an organization that has given so much help to many of our clients
|
|
|
