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630-932-9100
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Mevorah Law Offices LLC
630-932-9100
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Phone: 630-932-9100

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Subscribe to this list via RSS Blog posts tagged in deportation order

Chicago deportation defense attorneys, deportation order, deportation proceedings, deportable offenses, US immigration lawOn April 17, 2018, the U.S. Supreme Court issued a decision in the case of Sessions v. Dimaya, which effectively struck down a law called the Armed Career Criminal Act (ACCA) as being void for vagueness. In other words, the provisions of ACCA that had been used to render immigrants deportable were held to be too vague to be used as applicable immigration law. The question many might ask is whether or not this ruling could affect pending cases before an immigration judge.

Aggravated Felonies and ACCA

The Armed Career Criminal Act was passed in 1984, and it grants the power to courts to impose additional sentence enhancements on felons who commit three or more violent felonies or “serious drug offenses,” allowing for a 15-year minimum instead of a 10-year minimum. This law’s residual clause has also been construed as holding that immigrants who qualify for sentencing enhancements under the ACCA are removable, because ‘crimes of violence’ or violent felonies almost always qualify as deportable offenses under the Immigration & Nationality Act (INA).

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Chicago deportation defense attorneys, immigration law, Illinois immigration, deportation order, current immigration lawIn early April 2018, the U.S. Executive Office for Immigration Review (EOIR), a sub-entity of the Department of Justice, issued a memo to immigration judges stating that rules for judges would be modified in the near future. After modification, every immigration judge in the U.S. will be expected to complete at least 700 cases each calendar year. While some judges already do this, activists are concerned that this will lead to an overall lack of due process for those waiting in the system.

The Backlog is Long

The immediate reason for such action from EOIR is the U.S. immigration court backlog, which comprises hundreds of thousands of cases, each one representing a person who is entitled to due process rights and a hearing on their specific situation. TRAC immigration statistics show a currently pending backlog of 684,583 cases as of this writing, with average disposition time rising to over 700 days (more than two years) — in Denver and San Antonio, the average time to have one’s case heard is over 1,000 days.

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Chicago deportation defense lawyers, undocumented immigrant, removability, deportation order, immigration lawWhether an immigrant is documented or undocumented, he or she may one day receive what the Department of Homeland Security (DHS) calls a Notice To Appear (NTA). Receiving an NTA does not automatically mean that someone is going to be deported, but it does alert the recipient that there has been an alleged violation of immigration law. If you receive an NTA, it is imperative that you understand what it actually means, and why you may be on the proverbial hook. If you do not, it will harm your ability to put on a good defense.

Potential Outcomes

The sole reason why you might receive an NTA is because the U.S. government believes you are removable (deportable) from the country, for whatever legal reason. This does not only apply to undocumented immigrants; if someone enters the country legally and then overstays, or has committed a crime, he or she may also become removable. He or she will also receive an NTA if his or her situation requires it. The “appear” in the Notice To Appear is an advisory that you are permitted to plead your case before a judge, and to articulate any special circumstances.

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undocumented immigrants, deportation, Permanent Residency, Chicago deportation defense lawyers, deportation orderIn the uncertainty of this day and age, many undocumented parents are afraid for themselves and the specter of deportation, but are also afraid for their children. While children born in the United States are generally citizens, this does not prevent their possible mistreatment in an immigration system that is prone to mistakes and deliberate wrongdoing. If your family is facing this potentially scary scenario, it can be a big help to clarify the information you are receiving.

Uncertainty Can Have Health Impacts

According to a 2015 study on Latinx citizen children, symptoms of post-traumatic stress disorder (PTSD) were statistically significantly higher in children with at least one detained or deported parent. The stress of living in fear of deportation has been tied to everything from low birth weights to behavioral problems. 

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Posted on in Immigration

Chicago deportation defense attorneys, Illinois immigration, ICE, undocumented immigrants, deportation orderDuring the seemingly endless discussion of sanctuary jurisdictions in the U.S., much has been discussed surrounding what are called ICE holds or immigration detainers, and what that term of art actually means. If you or a loved one are the subject of an ICE hold, it is critical to understand what options you have in terms of negotiating release from it.

Immigration and the Criminal Justice System

Under the current federal administration, Immigration & Customs Enforcement (ICE) has, in many eyes, become an arm of the criminal justice system, instead of its own separate entity. Certainly this synergy is shown when discussing deportation requests—one main cog of the deportation machine is when local police forces are requested to detain immigrants. ICE obtains information about immigrants, both documented and undocumented, through a variety of programs that funnel data about non-citizens to them.

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