Immigration Enforcement Increases, Expect More Deportations

Asylum, Deportation, Immigration Enforcement

U.S. Immigration and Customs Enforcement (ICE) has been stepping on immigration enforcement activities. Here’s a recent article from the Associated Press: Federal authorities say a six-day sweep of South Florida has netted 19 illegal immigrants with criminal records. U.S. Immigration and Customs Enforcement says the operation that ended Thursday also caught four fugitives with final orders of [...]

Asylum: The One Year Rule

Asylum

To reduce the number of fraudulent asylum applications Congress passed a law in 1996 that provided that applicants must petition the U.S. Government for asylum within 1 year of their arrival in the U.S. Exceptions to the One Year Rule There are two exceptions to the 1 year rule: Existence of changed circumstances in your home [...]

Court of Appeals Rules on Gender Based Asylum Claim

Announcements, Asylum, Board of Immmigration Appeals, Breaking News, Court Cases, Deportation, Excecutive Office of Immigration Review, Immigration Reform, Judges, News

The Los Angeles Times reported today that a three judge panel from the U.S. Court of Appeals for the 9th Circuit granted Ms. Lesly Perdomo’s petition for review and ordered that her case be remanded to the Board of Immigration Appeals (BIA) to consider whether Guatemalan women constitute a “particular social group” and as such, be eligible for political asylum.  The court also ordered [...]

Federal Government Asks States to Make Room for More Orphaned Refugee Children

Announcements, Asylum

The Washington Times reported today that the Office of Refugee Resettlement (ORR), a part of the U.S. Department of Health & Human Services  (HHS) has asked the various states to make arrangements to receive more orphaned refugee children whose parents have disappeared or have been killed by war or natural disaster. The heightened need is caused by in increase in armed conflicts in Africa and the earthquake in Haiti. [...]

German Family is Granted Political Asylum

Asylum

The Washington Times reported recently that Mr. Uwi Romeike, his wife, and five (5) children were granted political asylum last week by an Immigration Judge in Tennessee due to the fact that they were part of a social group of individuals back in Germany who home school their children. Home schooling is illegal in Germany.  Violators can be fined, jailed [...]

New Procedure for Asylum Seekers in DHS Custody

Announcements, Asylum, Deportation, Immigration Enforcement, News

The U.S. Immigration and Customs Enforcement (USICE) announced that beginning January 4, 2010, it will release from DHS custody, arriving foreign nationals who seeking asylum who can show that they have a credible fear of persecution or torture. The new policy will allow these asylum seekers to be released from DHS custody and be paroled into the U.S. Parole is a temporary authorization [...]

More and More Asylum Seekers Claiming Sexual Orientation as a Ground of Persecution

Asylum

The New York Times  reported today that asylum seekers are filing more claims based on sexual orientation. The U.S. immigration laws allow aliens to be granted asylum  if they can prove a well-founded fear of persecution in their country of origin because of race, religion, nationality, political opinion or membership in a particular social group. The claim of sexual orientation [...]

New Asylum Regulations Take Effect Today. Should Result in Faster Processing of Asylum Applications

Asylum

The U.S. Department of Homeland Security (DHS) published a Final Rule (PDF) in the Federal Register, effective April 6, 2009 amending the asylum regulations stating that the U.S. Citizenship & Immigration Services (USCIS) will no longer forward all affirmative asylum applications to the U.S. Department of State (DOS).  An affirmative asylum application exists when an alien files a timely form I-589 [...]

Sexually Abused Honduran Children Get Asylum In Ground Breaking Case

Asylum

Only individuals who fear government persecution on account of race, religion, national origin, political opinion or membership in a particular social group are eligible for asylum. An immigration judge (IJ) in Brentwood, New York granted asylum to three Hondoruan children, ages 15, 14 and 11, finding that the children were members of a particular social [...]

Defenses to Deportation

Asylum, Convention Against Torture, Deportation

A deportation notice (called a Notice to Appear or an NTA) means the United States’ government wants to remove you from the country. All deportation cases are handled by the Executive Office of Immigration Review, also known as Immigration Court. Immigration Court The USCIS will assign an experienced government trial lawyer to prosecute your case (i.e. prove that [...]