Deportation Archives - Fresno Immigration Attorney

President Trump’s new executive order on immigration will not include a blanket ban on citizens from Iraq, among a host of other revisions meant to allay legal and diplomatic concerns, people familiar with the matter said.

The White House late Tuesday scrapped plans for Trump to sign a revised travel ban Wednesday afternoon, a person familiar with the matter said, marking the third time the administration has put off the matter since the president said that dangerous people might enter the country without a prohibition in place.

But when it is signed, people familiar with the matter said, the order is still expected to include a host of significant changes. The order will also exempt current visa holders and legal permanent residents, and it will not impose a blanket ban on those from Iraq, where U.S. forces are working with the Iraqis to battle the Islamic State. It will not include an exception for religious minorities, which critics had pointed to as evidence it was meant to discriminate against Muslims. And it will not go into effect immediately when it is signed, people familiar with the matter said.

The decision to delay signing the order came as people on Twitter and elsewhere heaped praise on Trump for his speech Tuesday night to a joint session of Congress. A CNN poll, for example, showed that 7 in 10 people who watched said the address made them feel more optimistic about the direction of the country, and about two-thirds said the president has the right priorities for the nation. The pool of those who watched the speech was about eight points more Republican than the total population.

It was not immediately clear why the White House canceled plans to ink the new executive order, although a White House official did not deny that optics were part of the calculus. “We want the [executive order] to have its own ‘moment,’” an official told the network. A White House spokesman did not immediately return messages seeking comment.

Trump’s original executive order, now frozen by the courts, had barred citizens of seven Muslim-majority countries and all refugees from entering the United States. When it was implemented, the State Department provisionally revoked tens of thousands of visas, and some people who were in transit when it took effect were detained or deported once they reached U.S. airports.

A senior official said on Feb. 22 that the order would be delayed another week, as officials worked to make sure it would be implemented smoothly. The president was slated to sign the order Wednesday, but now, it seems, it will have to wait again. How long is unclear.
(Washington Post)

ByPhillip Kim

AB 1351, AB 1352, california governor, Deportation, drug possession, drug reform, governor Brown, Immigration, Removal

CA Gov. Brown Signs AB 1352, Key Drug Reform Bill Into Law but Vetoes AB 1351

10/08/2015, CA Governor Brown signed A.B. 1352, which allows those who have completed court ordered drug diversion since 1997 to file with the court to convert their plea to a “not guilty.”

But, Brown vetoed A.B. 1351, which would have allowed people charged with simple possession or other related drug offenses to successfully complete a treatment program before pleading guilty – thus avoiding the disproportionate federal punishments, including deportation for immigrants. This patches a hole in the current system, enabling people to be participating and productive members of the community. For immigrants, that means a focus on rehabilitation, not deportation. ILRC

ByPhillip Kim

Deportation, Green Card, Immigration Court, Immigration Judge, Immigration Lawyer, motion to terminate

Deportation Terminated under New Case Law of 9th Circuit Court

Immigration Law has been changing- sometimes with a huge media coverage but more often, without much coverage because of the new changes’ limited application.

For example, when DACA and DAPA were announced, almost every single media channel has reported on those new laws. There have been, however, many more changes in immigration law mostly made by courts’ rulings. Those new laws apply to the cases that meet the specific situations required by those courts.

The 9th Circuit Court recently made a ruling in Lopez-Valencia v. Lynch, No. 12-73210 (9th Cir. Aug. 17, 2015).

One of Attorney Phillip Kim’s clients was waiting for her first court hearing in September 2015. The DHS was trying to deport her under the previous laws, which made her deportable.

One month before her Court Hearing, the 9th Circuit released a new case law. Attorney Phillip Kim filed a Motion To Terminate citing the new 9th Circuit case law among others such as Fregozo v. Holder, Descamps (by US Supreme Court), Lopez-Valencia (by US Supreme Court).

A few days before her first Court Hearing, the Judge from Immigration Court terminated her Deportation Proceedings.

Moreover, Attorney Phillip Kim contacted DHS ICE Chief Counsel’s office. The ICE Prosecuting Attorney agreed to return the Client’s Green Card because the Judge terminated proceedings.

Very fortunately and dramatically right before the first Court Hearing, the Client was able to receive her Green Card. She did not even have to appear in court.

Many of you have been waiting for an opportunity to get your case approved. Be hopeful and patient because Immigration Laws are changing in favor of immigrants.

ByPhillip Kim

9th circuit, Aggravated Felony, Deportation, Immigration Court, Removal, theft crime

California Theft Conviction is Not an Aggravated Felony

The Ninth Circuit granted the petition for review and remanded, finding that a conviction under California’s theft statute is categorically not a theft offense, and thus not an aggravated felony, because the statute is both overbroad and indivisible, and such a conviction is not susceptible to the modified categorical approach pursuant to Descamps v. United States and Rendon v. Holder.

The court of appeals granted a petition for review of a decision of the Board of Immigration Appeals. The court held that a California conviction for theft is never an aggravated felony because it is categorically not a theft offense.

Lawful permanent resident Roberto Lopez-Valencia pleaded guilty to petty theft as defined in California Penal Code §§484 and 488 and was sentenced to probation. He later admitted violating his probation terms and was sentenced to state prison. After a subsequent conviction for being under the influence of a controlled substance, Lopez-Valencia was placed in removal proceedings.

The immigration judge (IJ) concluded that both of Lopez-Valencia’s convictions rendered him removable. The Board of Immigration Appeals (BIA) affirmed, concluding that Valencia’s theft conviction was an aggravated felony because it was a “theft offense” under 8 U.S.C. §1101(a)(43)(G). Lopez-Valencia petitioned for review.

The court of appeals granted the petition, holding that the BIA erred in affirming on the basis that Lopez-Valencia’s conviction was an aggravated felony because it was a “theft offense.”

The key issue was whether a conviction under California’s theft statute may qualify as an “aggravated felony” because it is a “theft offense” as defined by 8 U.S.C. §1101(a)(43)(G). Following the rule of (I)Descamps v. United States(I), 133 S. Ct. 2276 (2013), and its circuit progeny, the court held that a California conviction for theft is never an aggravated felony because it is categorically not a theft offense.

California’s theft statute is indivisible because the jury is not required to agree unanimously on how a defendant committed theft. The California Supreme Court and the state legislature have each, in their respective realms, made it clear that while all jurors must agree that the defendant engaged in some type of unlawful taking, they need not unanimously agree as to the way in which the unlawful taking was committed.

The court declared California’s theft statute overbroad and indivisible, with the result that the modified categorical approach did not apply.

The court rejected the government’s attempt to point to the charging documents in Lopez-Valencia’s case in support of a single theory of theft that the jury must have found. That factual approach had been abrogated in light of (I)Descamps(I). In addition, in a California theft prosecution there is no requirement that the charging documents spell out the defendant’s offense with any particularity.

Instead, the court declared that California’s overbroad and indivisible theft statute is not amenable to the modified categorical approach, and a conviction under it can never be a “theft offense” under §1101(a)(43)(G).
from Recorder.

ByPhillip Kim

Deportation, immigration action, immigration lawyers, immigration orders, Immigration Reform, immigraton attorney, obama immigration

Summary of Executive Action Obama Announced Today, 11/20/2014.

Today, 11/20/2014, President Barack Obama announced broad executive action to offer temporary relief from deportation to millions of undocumented immigrants.

“If you’ve been in America for more than five years; if you have children who are American citizens or legal residents; if you register, pass a criminal background check, and you’re willing to pay your fair share of taxes – you’ll be able to apply to stay in this country temporarily, without fear of deportation,”

The most controversial aspect of the president’s executive order allows as many as five million undocumented immigrants to stay in the U.S., including the undocumented parents of children born here. Those parents will be able to request deportation relief and work permits for three years at a time, provided that they register, pass background checks, pay fees, and prove that their legal resident or citizen child was born before the date of the executive order.

The plan also protects more so-called “DREAMers” — young immigrants brought to the United States illegally as children. Previously, individuals were eligible for deferred action if they were born after 1981 and entered the country before 2007. That date is expected to change to January 1, 2010, with no age limit.

Obama noted that the move would not grant undocumented immigrants citizenship or the right to remain in the country permanently. And he said that he will still push for a legislative solution

NBC News
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ByPhillip Kim

Asylee, Asylum, Deportation, Immigration, immigration attorney, Immigration Lawyer, Immigration Services, Removal

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Cancellation Of Removal, Deportation, immigration attorney, Immigration Lawyer

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Cancellation Of Removal, Deportation, Immigration, immigration attorney, Immigration Lawyer, Removal

Facing Deportation and Removal—What You Can Do

If you have violated immigration law, you may be subject to deportation or removal proceedings. For illegal U.S. residents who were removed just once, there is a 3 year period that you are barred from re-entering the U.S. For long periods of undocumented U.S. residence or multiple removal offenses, the period of time that you are not admissible to immigrate to the U.S. can grow to up to 20 years.

Immigrants may be detained (jailed) for violations of current immigration law. The minimum bail you will be facing if detained on an immigration hold is $1,500 although it could be more depending on any other criminal record. If you are living in an area participating in the Department of Homeland Security’s Secure Communities Program, immigrants with criminal histories may be deported.

If you are not yet in court proceedings for your removal with the Board of Immigration Appeals, you may have some particular options for avoiding deportation. Some applicants may be allowed to withdraw their application for permanent residence without the consequence of deportation.

Applicants facing deportation may also have the option of voluntarily departing the U.S. While voluntary departure does result in you leaving the U.S., immigrants who voluntarily depart are not subject to the periods of waiting before they can re-enter the U.S.

If you are currently in formal removal proceedings with the Department of Justice Board of Immigration Appeals (BIA) and/or Immigration and Customs Enforcement, you may have the option of having your deportation cancelled. If you have been a long-term resident of the U.S. and can demonstrate, using the proper U.S. Citizenship and Immigration Services waiver, that your deportation would cause your spouse or parents extreme hardship, your deportation may be cancelled. You may also need to file other waivers that support or assert your admissibility for residence in the U.S.

Refugees, Asylees, and battered spouses and children can be subject to removal proceedings for being in violation of immigration law. However, you cannot be deported while your application for asylum is pending. Refugees and asylees will not be deported. However, if your asylum is cancelled or suspended at any time, your removal proceedings may resume.

ByPhillip Kim

Citizenship, DACA, Deferred Action, Deportation, Dream Act, Green Card, Work Permit

DACA Deferred Action for Childhood Arrivals Process

DACA Deferred Action for Childhood Arrivals Process
You may request consideration of deferred action for childhood arrivals if you:

Were under the age of 31 as of June 15, 2012;
Came to the United States before reaching your 16th birthday;
Have continuously resided in the United States since June 15, 2007, up to the present time;
Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Age Requirements

Anyone requesting consideration for deferred action under this process must have been under 31 years old as of June 15, 2012. You must also be at least 15 years or older to request deferred action, unless you are currently in removal proceedings or have a final removal or voluntary departure order, as summarized in the table below:

Your situation Required age
I have never been in removal proceedings, or my proceedings have been terminated before making my request. At least 15 years old at the time of submitting your request and not over 31 years of age as of June 15, 2012.
I am in removal proceedings, have a final removal order, or have a voluntary departure order, and I am not in immigration detention.

Not above the age of 31 as of June 15, 2012, but you may be younger than 15 years old at the time you submit your request.
Timeframe for Meeting the Guidelines

You must prove
That on June 15, 2012 you As of the date you file your request you
Were under 31 years old
Had come to the United States before your 16th birthday
Were physically present in the United States
Entered without inspection by this date, or your lawful immigration status expired as of this date
Have resided continuously in the U.S. since June 15, 2007;
Were physically present in the United States; and
Are in school, have graduated from high school in the United States, or have a GED; or
Are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States
Education and Military Service Guidelines

Your school or military status at the time of requesting deferred action under this process Meet education or military service guidelines for deferred action under this process (Y/N)
I graduated from:

Public or private high school; or
Secondary school.
Or
I have obtained a GED.
Yes
I am currently enrolled in school.

See www.uscis.gov for more information.
If you need help on filing, contact (619) 752-5379, PKimmigration.com

ByPhillip Kim

Deportation, Detention, Dream Act, Dreamers, Green Cards, HOW TO GET A GREEN CARD IN SAN DIEGO, IMMIGRATION ARTICLES, immigration attorney, Immigration Lawyer, IMMIGRATION NEWS, Immigration Reform, IMMIGRATION SERVICES · TAGGED WITH DEFERRED ACTION, Removal, Work Permit

Work Permit for Dreamers and Deferred Action Dream Act

Ask DREAM ACT Attorney – Call (559) 448-8500

On June 15, 2012, DHS Secretary Napolitano issued a memorandum announcing that DHS will offer deferred action for two years to certain young people who came to the U.S. as children and meet other eligibility criteria. Individuals who receive deferred action will not be placed into removal proceedings or removed from the U.S. for the duration of the grant. Individuals in removal proceedings, those with final orders, and those who have never been in removal proceedings will be able to affirmatively request deferred action from USCIS.

According to USCIS an individual who meets the following criteria may apply for deferred action:
1. Was under the age of 31 as of June 15, 2012;
2. Came to the U.S. before reaching his/her 16th birthday;
3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
6. Is currently in school, has graduated or obtained a certificate of completion from high school, has obtained a GED, or is an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces; and
7. Has not been convicted of a felony, a “significant misdemeanor,” three or more other misdemeanors, or does not otherwise pose a threat to national security or public safety;
To request deferred action from USCIS, individuals must submit required documents and fees.
Even If you are currently in immigration detention or face imminent removal, you might be still eligible for Deferred Action.

For more information, please contact:
Phillip Kim, esq.
Phillip Kim Law Center
Tel. (559) 448-8500
Tel. (619) 752-5379

Fresno Immigration Attorney

Tag Archive Deportation

Trump’s New Executive Action will Exempt Green Card holders and Visa holders.

CA Gov. Brown Signs AB 1352, Key Drug Reform Bill Into Law but Vetoes AB 1351

Deportation Terminated under New Case Law of 9th Circuit Court

California Theft Conviction is Not an Aggravated Felony

Summary of Executive Action Obama Announced Today, 11/20/2014.

Facing Deportation and Removal—What You Can Do

Facing Deportation and Removal—What You Can Do

Facing Deportation and Removal—What You Can Do

DACA Deferred Action for Childhood Arrivals Process

Work Permit for Dreamers and Deferred Action Dream Act

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