Could a Star of REAL HOUSEWIVE"S of New Jersey be deported?

Two stars of the "Real Housewives of New Jersey" have been freed on $500,000 bond each amid fraud charges. Teresa Giudice and her husband, Giuseppe "Joe" Giudice, appeared in federal court Tuesday morning. The Giudices are charged in a 39-count indictment with conspiracy to commit mail and wire fraud, bank fraud, making false statements on loan applications and bankruptcy fraud. They both had to surrender their passports and can't travel outside of New Jersey and New York. The husband could be deported to Italy if convicted because he's not a U.S. citizen. Authorities say the couple submitted fraudulent mortgage and loan applications from 2001 to 2008, including fake tax returns and W-2s. Prosecutors allege Joe Giudice failed to file tax returns for the years 2004 through 2008. The most serious charges the couple face, bank fraud and loan application fraud, carry a maximum potential penalty of 30 years in prison and a $1 million fine. If convicted, Joe would be considered an "aggravated felon" under immigration laws be subject to mandatory detention ( no bond) and removal. If you ask me, that is better than being on that show which my wife and others cnsider a guilty pleasure. I love when pop culture and immigraiton law mix

Cap reached for Suspension and Cancellation Cases

The cap for Non-LPR Cancellation of Removal and Suspension grants was reached on 12/05/12 for the current fiscal year. Below you will find a link to the OPPM previously published by EOIR describing how these cases will be handled by the Immigration Judges. http://www.justice.gov/eoir/efoia/ocij/oppm12/12-01.pdf If a new OPPM is published for this fiscal year or I receive any further information I will certainly share it with the chapter. As was the case last year, the Cleveland, Ohio Immigration Judges will still proceed with the Individual Hearings on these cases as currently scheduled; however, the Immigration Judges will reserve decision on the case until the new fiscal year has begun, after October 1, 2013, unless reserved grants become available sooner. It is my understanding some grants have been reserved for detained cases.

Deferred Action - What You Need to Know

On June 15, 2012, President Barak Obama announced a new procedure for young people, who were brought to the United States before the age of 16 and who would otherwise be subject to removal to countries that they do not remember or where a language is spoken that they do not speak, to be granted 2 years of deferred action.  This means merely that the individuals granted deferred action will not be subject to removal in this 2 year period.  This is a great step for young people, but it is important to sort out what the program is, what it is not, and how to go about requesting this in your case.  This is not amnesty, nor is it a grant of legal status to undocumented individuals.  Only Congress may confer immigration benefits.  

This is merely a program to lift the cloud of deportation from those young persons who were brought here while they were young and who have lived most of their lives as Americans and have contributed in many ways to our society, but are under threat of deportation, through no fault of their own as they lacked the required intent to violate the law.  Although administrative closure under previous prosecutorial discretion directions have already been helping individuals in this circumstance, further action was deemed to be needed to ensure that these low priority cases were not diverting resources from high-priority criminal immigration cases.  

This is not the DREAM Act.  More needs to be done in that direction, but that is solely in the hands of Congress to do.  This policy is designed to make life more bearable for these individuals and allow them to continue contributing as productive members of American society until more comprehensive immigration reform can be passed through Congress. 

Hopefully this information will help explain the program and the best ways to take advantage of this new policy.

CRITERIA: Pursuant to the Department of Homeland Security Secretary Napolitano’s June 15, 2012 memorandum, in order to be eligible for deferred action, individuals must:

1. Have come to the United States under the age of sixteen;
2. Have continuously resided in the United States for at least five years preceding June 15, 2012 and were present in the United States on June 15, 2012;
3. Currently be in school, have graduated from high school, have obtained a general education development certificate (G.E.D.), or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
4. Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
5. Not be above the age of thirty or under the age of 15.

Individuals must also successfully complete a background check and, for those individuals who make a request to USCIS and are not subject to a final order of removal, must be 15 years old or older.

IMPORTANT: As of the date of this publication this program has not yet begun, and the USCIS is intending to use the full 60-day allotment to implement this new policy.  The procedure for application for deferred action has not yet been established.  We do not know if there will be a form to fill out, or if there will be a fee charged.  Please continue reading for information about what sorts of evidence you can be gathering in the meantime or contact our office at 513-877-4209 or nflesicher@immigrate2usa.com

DO NOT attempt to place yourself in removal proceedings to receive deferred action.  It is not necessary and will bring more trouble than good.

DO NOT request deferred action if you KNOW that you are ineligible, under any of the criteria, as this can be used to institute removal proceedings against you, following USCIS’s Notice to Appear policy.  Under this policy, individuals whose requests are denied will be referred to ICE if they have a criminal conviction or if there is a finding of fraud in their request for deferred action.  This means it is VERY important to speak to a legitimate, authorized immigration attorney and be very wary of Notarios and others posing as immigration attorneys.

If you are CURRENTLY in removal proceedings, or about to be removed by ICE, please contact either the Law Enforcement Support Center’s hotline at 1-855-448-6903 (staffed 24 hours a day, 7 days a week) or the ICE Office of the Public Advocate through the Office’s hotline at 1-888-351-4024 (staffed 9am – 5pm, Monday – Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov.

WHAT IS DEFERRED ACTION? 

 It IS: a discretionary determination to defer removal action as an act of prosecutorial discretion.  

• USCIS determines that moving your case to the side for two years meets its discretionary enforcement goals, and it will not pursue your removal in this two-year period.
• It is also RENEWABLE.  USCIS does not see this program ending at any point in the near future and therefore has decided that after the initial granting of a 2 year deferred action, the individual may request again for the same 2 year deferral.
• It DOES provide for Employment Authorization for those granted deferred action, and our office can assist you with the employment authorization process. 

  It is NOT: an amnesty program or a granting of legal status, nor a path to citizenship.

• Deferred action does NOT grant the applicant a legal status, a green card, or citizenship.
• It does NOT remove any previously accrued unlawful presence time, and although unlawful presence does not accrue during the 2 year deferred action period, if the deferred action comes to an end and is not renewed, then unlawful presence will resume accrual.
• It does NOT award deferred action to any family members, dependents, or immediate relatives.  This is an individual process and each eligible individual must submit a request separately.

CRIMINAL BACKGROUND CHECK: In order to qualify for deferred action, an individual must pass a background check that USCIS will perform using all available databases.  They will be looking for convictions that may disqualify the individual from receiving deferred action.  Individuals who have been convicted of ANY Felony, a Significant Misdemeanor Offense, or three or more misdemeanor offenses (not in relation to the same instance), or otherwise are found to pose a threat to national security or public safety are not eligible to be considered for deferred action.  

• Examples of Significant Misdemeanors: A significant misdemeanor is a federal, state, or local criminal offense punishable by no more than one year of imprisonment or even no imprisonment that involves: violence, threats, or assault, including domestic violence; sexual abuse or exploitation; burglary, larceny, or fraud; driving under the influence of alcohol or drugs; obstruction of justice or bribery; unlawful flight from arrest, prosecution, or the scene of an accident; unlawful possession or use of a firearm; drug distribution or trafficking; or unlawful possession of drugs. 

If you have a criminal record, or have ever been arrested and have questions about your criminal record or possible post-conviction relief, please contact our offices.

DOCUMENTATION:  You may begin collecting information now to submit once USCIS has determined the manner in which it will process applications, but DO NOT submit anything yet.

• To prove that an individual was present in the US before they turned 16: may include but is not limited to: financial records, medical records, school records, employment records and military records.
• To prove that an individual has resided in the US for at least 5 years prior to June 15, 2012: may include but is not limited to: financial records, medical records, school records, employment records, and military records.
• To prove that an individual was physically present in the US as of June 15, 2012: may include but is not limited to: financial records, medical records, school records, employment records, and military records.
• To prove that an individual is currently in school, has graduated from high school, or has obtained a general education certificate (GED): may include, but is not limited to diplomas, GED certificates, report cards, and school transcripts.
• To prove that an individual is an honorably discharged veteran of the Coast Guard or US Armed Forces: may include, but is not limited to: report of separation forms, military personnel records, and military health records.

NOTARIO FRAUD:  In the US, Notarios are those who are engaging in the unauthorized practice of immigration law.  Please be extremely wary of those people claiming to be immigration lawyers who say that they can get you deferred action now, as the program is not yet available.  Until procedures have been announced by USCIS, do NOT trust anyone who wishes to charge a fee or fill out a form to help you request deferred action, as we do not yet know if there will be a form or fee associated with this.  Fraud may severely negatively impact your immigration status and could make you removable, the opposite of what you want.  Please report any fraudulent immigration practitioners to the proper authorities.  

There is no appeal process if your request for deferred action is denied, so please take the steps to make sure that your request is correctly done, and contact our office if you would like our assistance in doing so.

Neil I. Fleischer Esq.

The Fleischer Law Firm LLC

917 Main Street

Cincinnati, Ohio 45202

(p) (513)977-4209

(fax) (513)977-4218

NFleischer@immigrate2usa.com    

www.immigrate2usa.com 

Blog: http://immigrate2usa.blogspot.com/

Twitter: @nfleischer

Facebook: The Fleischer Law Firm

USCIS Webpage Regarding Deferred Action

ICE arrests form NBA palyer

A former National Basketball Association (NBA) player and member of the Puerto Rico basketball national team for several years, was sentenced in federal court Thursday to six months in prison, nine months in a drug rehabilitation facility and four years of supervised release following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
U.S. Judge Carmen C. Cerezo sentenced Jose Ortiz-Rijos, aka Piculin Ortiz, for knowingly and intentionally possessing, with the intent to distribute, 218 marihuana plants. Ortiz-Rijos had previously pleaded guilty Nov. 4, 2011.

Vet avoids deportation

A military veteran who was facing deportation will likely be allowed to stay in the United States after he was released from immigration detention earlier this month, in part thanks to help from Rep. Frederica Wilson (D-Fla.).

Navy Reserve Petty Officer Elisha Dawkins, 26, entered a pre-trial diversion program on Tuesday that will spare him from federal charges for allegedly lying when he applied for a U.S. passport in 2006, a crime that could have landed him in prison for 10 years.

NFL draft pick faces deportation

ESPN New York reports that Jets third-round pick Kenrick Ellis is not a U.S. citizen and risks deportation if he's found guilty of the "malicious wounding" felony charge against him.
The trial was recently postponed to November 28, so Ellis should at least be safe till then. A native Jamaican, Ellis is in the United States on "permanent resident status." Persons of that classification who are convicted of aggravated felonies can be deported. Thus, Ellis' best bet will be to agree to a plea deal that reduces the charge against him. If Ellis fights it hard, he'll risk losing not only his NFL career, but his home in

Immigration Court in Crisis

The mother from Cameroon came to immigration court bearing scars: She'd been imprisoned back home, she said, beaten with cables, burned with cigarettes and raped repeatedly, contracting HIV. Her husband had died behind bars; her three children she'd left behind were struggling to survive.

She was seeking asylum, hoping to remain in Los Angeles and bring her children there.

EOIR 800# reverts back to old system

The Immigration Court hot line will remain the same as in the past where one only needs a "A" number or "alien number" to check if a case has been filed with the Immigration Court. This is essential for practitioners who meet with clients who do not have knowledge of their case.

Call Fleischer Law Firm for more details

EOIR Announces More Secure Toll-Free Number

FALLS Church, Va. – The Executive Office for Immigration Review (EOIR) announced today thelaunch of a new, upgraded automated case information system, which is designed to assist respondents
and their representatives and families in learning the current status of their proceedings. The toll-free
number, 1-800-898-7180, has not changed, but a new local number, 240-314-1500, is in service. The system becomes effective August 23, 2010, and callers will need to be prepared to enter both the alien registration number and the date of the respondent’s charging document.
The new technology and comprehensive features establish a higher level of security for the respondent. The system will now require callers to enter the date of the relevant charging document before accessing information specific to a case. For ease of use, EOIR has posted on its website a document called “How to Find Charging Document Dates.” This document displays samples of the most
commonly used charging documents and indicates to visitors where to locate the necessary date.

“EOIR is constantly evaluating its programs to improve the way we serve the public,” said EOIR Acting Director Thomas Snow. “This new valuable voice response tool will provide the public with what it has requested – more specific information in a more reliable system with enhanced security measures to
protect respondents’ privacy.” To access this more secure case information system, please call 1-800-898-7180 or 240-314-1500
and have the alien registration number and relevant charging document date ready. During the system change, the telephone numbers may be inaccessible from Friday August 20, 2010, at 10:00 p.m. until Monday August 23, 2010, at 6:00 a.m.

Immigration Court Backlog

Immigration caseload is growing

by: GINNIE GRAHAM World Staff Writer
Sunday, July 18, 2010
7/18/2010 7:43:14 AM

OKLAHOMA CITY — At a Monday immigration court session, Judge Richard R. Ozmun set hearings after presiding over arguments in two cases originating in Tulsa County.

The next available hearing dates are in 2011.

In one case, a single man with American children and grandchildren was arrested after a therapist contacted police when his 16-year-old daughter said he allegedly hit her during an argument about her behavior, his attorney said. He entered the country illegally in 1980.

The other case is a Tulsa resident who came to the country illegally in 1997, married a U.S. citizen and fathered four American-born children. He was stopped by Tulsa police for speeding and detained for immigration, his attorney said.

Both immigrants want a hearing to argue legal reasons for relief from the U.S. Homeland Security's orders to leave. Dates for those hearings are in April 2011 and May 2011.

"This crazy calendar makes it so far out," Ozmun said from the bench while looking at the schedule.

Oklahoma's immigration court, which is part of the regional Dallas office, is experiencing a decade-high number of cases and an increasing backlog.

Immigrants will wait at least nine months to a year between the initial appearance and a hearing date. In some larger cities, the wait can be up to three years.

In most cases, they will be free on bond while awaiting a resolution of their case.

Criminal prosecutions referred by the two largest immigration investigative divisions within the U.S. Department of Homeland Security are also rising, according to a recent report from a University of Syracuse-based data tracking organization.

This leap in prosecutions has reached comparable levels last experienced during the Bush Administration, according to the report from the Transactional Records Access Clearinghouse (TRAC), a non-profit organization.

While the U.S. Department of Homeland Security handles enforcement of immigration laws, the U.S. Department of Justice oversees administrative hearings immigrants may seek to protest removal orders.

Two major parts of the administrative process are the initial appearance, called a master calendar, and following that, a hearing on the merits.

"It used to be within six months, now it's pushing close to a year," said Tulsa attorney David Sobel, who has specialized in immigration law for more than a decade.

"For a lot people, time is their ally. The laws may change or something else can happen in their favor."

The Dallas immigration court, which has jurisdiction over Oklahoma cases, have experienced a growth of about 12 percent since 2000, according to the Justice Department.

Nationally, cases received by the courts compared with 2008 levels vary, with the largest increase in Tucson, Ariz., a 279 percent increase.

Cases reached an all-time high of nearly 243,000 at the end of March, an increase of 6 percent from November and about 30 percent higher than October 2008, according to TRAC.

The Justice Department has 230 judges across the nation hearing cases, which are guided by U.S. law and past legal precedents.

Tulsa attorney Ian Brattlie, who handles immigration cases for Catholic Charities, said the time lag impacts private attorneys more than those in the nonprofit sector or providing representation pro bono.

Typically, it is more difficult for a private attorney to take on cases that may have a long wait based on the fees collected for rendering services.

"Aliens, obviously, have a different stress when being in removal proceedings to over a year," Brattlie said. "But as a general rule, I prefer longer dockets to short ones."

The wait for a resolution has grown to a national average of about 443 days, with California topping the list at an average wait of 619 days.

Oklahoma's wait time is just under a year, according to TRAC.

"Most of the time this is beneficial to the client as it gives them the time to gather all the documentation the court needs to be able to properly evaluate their cases," said Oklahoma City immigration attorney Larry Davis.

"Oklahoma City it doing pretty good compared to other parts of the country. I understand that Atlanta is two years out and that Los Angeles and San Francisco are almost three years out."

A TRAC report released in May states that caseloads vary based on factors such as changing enforcement in different states and municipalities.

"The backlogs of pending cases are driven by numerous factors. Chief among them is the number of available judges in a particular locality relative to the caseload demand," the report states.

"Also important is the number of available judges. One court may have added more judges, while another may have recently lost a judge whether through retirement, promotion, transfer or death. Adding to this mix of forces is the different composition of cases that each hearing location handles."

Nearly all Oklahoma hearings are held at the Homeland Security's U.S. Citizenship and Immigration Services office located in Oklahoma City.

For inmates convicted of crimes and serving sentences in prisons, hearings may be held at the detention center.

The hearings in detention centers generally have shorter wait times because the Justice Department usually assigns a higher priority to prevent backlogs at the facilities, according to the report.

"The Court does schedule detained alien cases much quicker, usually within six weeks," Davis said. "This is probably good because most of those types of cases involve more serious offenses."
Criminal Prosecutions
Immigration and Customs Enforcement (ICE) and the Customs and Border Protection agencies referred 9,135 new cases for prosecution, according to TRAC, which uses the federal Freedom of Information Act to retrieve the data.

These prosecutions are handled by U.S. attorneys in federal courts.

Immigration and Customs Enforcement set a record number of prosecution referrals since the agency's creation in 2005.

In March and April, the agency referred 4,145 cases, which surpasses the previous high of 3,777 in July and August 2008 and 3,787 in July and August 2009.

The most common charge is for "re-entry of a deported alien," with 2,285 filings in U.S. district courts in April. The second-highest offense is "bringing in and harboring certain aliens," with 329 charges filed in April.

The U.S. magistrate courts handle less serious misdemeanor cases, with the most frequent filing (63 percent) involves "entry of alien at improper time or place."

In Tulsa's U.S. Northern District Court, the prosecutions have more than tripled — from six cases last year to 21 cases so far this year. All are for immigrants illegally living in the country after a previous deportation.

Local federal officials cite new Homeland Security programs for the increase. These programs allow for a person's citizenship status to be detected by jail or prison officials after coming into custody.

If convicted of immigration violations prosecuted by a U.S. attorney, a defendant could face up to 20 years in a U.S. prison before facing deportation.

During March and April, 14,912 new cases were referred by Customs and Border Protection. That total is the highest two-month amount since September and October 2008, when the figure was 16,127, according to TRAC.

About 98 percent of customs and border referrals went to judicial districts in border states — Texas, Arizona, California and New Mexico.

"In contrast, ICE activity was spread through the U.S. with the southwest border districts accounting for less than half of prosecutions referred by that agency," the TRAC report states. "While the southwest border districts showed a jump of one third, the rest of the nation showed an even larger increase (51%) from the levels seen two months earlier."

Securing our borders?

This is unreal leaked audio of a Canadian citizen confrontation with a CPB agent.
If these are the people they are picking on, I wonder how many drug smugglers and terrorists get through.

Sisters from Texas being deported to Serbia

Another Chilling story of Immigration system out of control. ICE will claim rules are rule, but where is the compassion? The is little reason ICE could not stipulate for a motion to reopen. Disgusting.

Gulf War Vet with a prior order of Deportation finally will be sent "home"

Harvard Student spared Deportation

Richard I. Fleischer, an immigration attorney in Cincinnati Ohio with more than 30 years of experience in the Immigration Law filed send this story of a Harvard student who really would benefit from passage of the Dream Act

An undocumented Harvard University student whose detention by immigration authorities has drawn wide attention is no longer facing deportation to Mexico, officials said.

Eric Balderas, 19, was detained nearly two weeks ago after he tried to use a university ID card to board a plane from San Antonio to Boston. The detention sparked a buzz among student immigrant activists, many of whom thought Balderas's case might help advance the proposed DREAM act -- a federal bill that would allow illegal immigrants a pathway to citizenship through college enrollment or military service.

Mario Rodas, a friend of Balderas's, said Balderas was granted deferred action, which can be used to halt deportation based on a case's merits. U.S. Immigration and Customs Enforcement confirmed that the agency had decided not to pursue the deportation.

Columbus Ohio Refugee faces deportation

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He did havea final order of deportation in 2002 in which he never left...

Need for Immigration Court Reform as Well

The average pending time for a case in the Immigration Courts is nearing 450 days. Back in the 1980s when I was an INS Trial Attorney, when one side needed a continuance on a case, it was rescheduled within a couple of weeks. Now, the waiting time to reschedule a case can be a year or more." Carl Shusterman, June 16, 2010.