Immigration Litigation

The San Francisco Chronicle reported today that Snoop Dogg has won again in the British Immigration Courts. The rapper/actor was barred from entry into the UK after a 2006 fight at Heathrow Airport.

However, a judge overruled British Immigration earlier this year. The decision was upheld by a senior judge. The government may appeal again.

Although the above case involves the immigration system in another country, the details are very similar to what happens in the U.S.

Often people are found inadmissible for alleged violations of immigration or criminal law.

At Frank & York we have taken on a multitude of cases for clients who retain us after their green card and visa applications were denied.

Options include filing waivers, motions, new applications, and/or appeals depending on the circumstances of the case.

Just like in Snoop’s UK case, the US Department of Homeland Security frequently files appeals when immigrants win their cases.

Immigration lawyers who are experienced in the appellate process are vital to millions of folks who wish to live or temporarily stay here.

“we will never fully secure our border until we create a lawful way for foreign workers to come here and support our economy . . . We must also find a sensible and humane way to deal with people here illegally. Illegal immigration is complicated, but it can be resolved . . . in a way that upholds both our laws and our highest ideals.” - Pres. Bush

“We need stronger enforcement on the border and at the workplace . . . But for reform to work, we also must respond to what pulls people to America . . . Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should. . . . The time to fix our broken immigration system is now. It is critical that as we embark on this enormous venture to update our immigration system, it is fully reflective of the powerful tradition of immigration in this country and . . . our values and ideals.” - Sen. Obama

“a secure border will contribute to addressing our immigration problem most effectively if we also: Recognize the importance of building strong allies in Mexico and Latin America who . . . support freedom and democracy, and seek strong domestic economies with abundant economic opportunities for their citizens . . . Recognize the importance of a flexible labor market to keep employers in business and our economy on top. It should provide skilled Americans and immigrants with opportunity. ” - Sen. McCain

“. . . comprehensive reform must have . . . strengthening of our borders, greater cross-cooperation with our neighbors, strict but fair enforcement of our laws, federal assistance to our state and local governments, strict penalties for those who exploit undocumented workers, and a path to earned legal status for those who are here, working hard, paying taxes, respecting the law, and willing to meet a high bar . . . we need to repair those broken portions of our immigration system that irrevocably damage families . . . ” - Sen. Clinton

Believe it or not, we are occasionally asked, “Why do people need Immigration Lawyers?”

Well, here’s one example.

A client who we assisted with his green card in 1996 returned to our office in 2007. He hired us to represent him in his naturalization case.

Prior to green card approval, we disclosed that the gentleman had paid a fine for a minor violation in 1992.

Although Immigration already had this information in its file, we knew before the citizenship interview that they would request a certified copy of the municipal judgment.

We overnighted the court a request for the document. The municipal court never wrote back.

Then we called the court and left several messages but received no reply.

Finally a member of our staff personally went to the courthouse. The security guard directed him to the Records Department.

After he showed the copy of our letter to the Records Clerk, she said, “We don’t have this file. Go to the Violations Bureau.”

The Violations Clerk then told him, “We don’t have this file. Go back to Records. They have it.”

(You know what’s coming next, right?)

Records said, “WE TOLD YOU, we do not have this file. Go back to Violations. They have it.”

And wouldn’t you know it, Violations still did not have the file. But they finally agreed to look into the matter.

Now — remember — this all started because the Immigration Service requires certified copies of judgments before approving citizenship cases. This rule applies even if Immigration has the record from before they approved the green card.

Meanwhile our client cannot become a US Citizen until the municipal court finds a sixteen year old piece of paper.

So, now you know why people need Immigration Lawyers.

P.S. The Court requested a check for Fifty Cents.

An editorial called “New Jersey’s Immigration Crackdown” ran today in the New York Times.

The piece discusses how police in New Jersey have been instructed to inquire as to the immigration status of anyone arrested for an indictable crime or drunken driving, but not for minor offenses.

New Jersey local law enforcement is then supposed to report indictable immigrants who cannot provide lawful documentation to federal immigration authorities.

Some claim that certain police officers question immigrants who are not criminal suspects, including passengers in cars pulled over for minor traffic offenses.

Regardless of one’s opinion on whether this practice should be allowed, immigrants in the State of New Jersey are at greater risk of an encounter with Immigration than ever before.

At Frank & York, we have represented a record number of immigrants whose detention by Immigration has occurred as a result of a traffic stop by the police.

And it’s not just New Jersey.

The AP is reporting that nearly 300 people were arrested today in raids at chicken plants in five states.

Be aware of heightened efforts of law enforcement to apprehend immigrants.

We have consulted with thousands of immigrants who we cannot assist immediately, but we always advise them to keep our business card in their possession.

Now, more than ever, it is a very good idea to know a qualified immigration lawyer.

Today’s New York Times feature, “Perfectly Legal Immigrants, Until They Applied for Citizenship,” tells the tale of long time green card holders who attempted to be naturalized.

Instead of being granted citizenship, these applicants were not just denied naturalization. Their green cards were taken away and they now face deportation.

At Frank & York, we have represented countless LEGAL ALIENS who ended up in Immigration Court after they tried to become US citizens.

Citizenship denials followed by the possibility of deportation are based on reasons including:
1. Petty crimes that occurred long ago
2. Failures to attend fingerprint appointments due to disability
3. Conclusions that immigrants LIED because their applications contained omissions of irrelevant information
4. Forgetting to change addresses (see previous post)

Legal aliens face a huge risk of removal from the US for minor violations of law that occurred decades ago.

We defended a green card holder who was ordered to appear at a deportation hearing thirty years after paying a small fine for smoking pot in a college dorm.

Immigration denied about 90,000 applications for naturalization in 2007 across the US. That figure equates to 12%.

Our firm is litigating for people who disclosed information on their green card applications without a problem BUT YEARS LATER THE SAME INFORMATION RESULTS IN CITIZENSHIP DENIALS AND MANDATORY DEPORTATION HEARINGS.

ALL green card holders MUST seek legal counsel before applying for citizenship.

Today’s Wall Street Journal discusses how more than half a million “immigrants currently living in the U.S. are individuals who failed to heed their deportation orders.”

However, thousands of immigrants who “failed to heed” had NO IDEA that they were ever ordered deported.

These people didn’t go to court because they DID NOT KNOW that a hearing had been scheduled.

How does this happen?

The Immigration Act allows the Immigration Court to order someone deported if he fails to go to his hearing.

Here is an example of a very recent case we won:

1. A woman from another country met a US citizen. They fell in love and got married.

2. The wife filed papers to get her green card.

3. While they waited to be interviewed by Immigration, the husband was transferred by his company to another state.

4. Before moving, the couple informed the Immigration Service that they were changing their address.

5. They received confirmation that Immigration KNEW they had relocated.

6. The green card interview (NOT A DEPORTATION HEARING) was mistakenly scheduled in the state where the couple had previously lived.

7. When they failed to show up for the interview, a notice for the wife to appear at a deportation hearing was also sent to their old address.

8. Of course, the woman didn’t know she had to go to court. So, she was ordered deported.

9. Immigration and Customs Enforcement located her and took her to a detention center to prepare to deport her.

10. The US citizen hired us to get his wife out of jail and stop her deportation. It took a few weeks, but we were successful.

The above case shows how people write to Immigration when they move, but the government can still mail the notice to the prior address.

AND IN THE MAJORITY OF THESE MATTERS IT CAN TAKE A LOT LONGER THAN A FEW WEEKS TO GET THE IMMIGRANT RELEASED if detention has occurred.

We have represented thousands of immigrants in deportation cases. Often, we have helped people who never received a letter from the Immigration Court.

FRANK & YORK IS DEDICATED to fighting for immigrants in deportation, detention and removal cases — as well as deportation appeals — all over the U.S.

IN MANY DEPORTATION APPEALS, WE DO NOT NEED TO MEET PERSONALLY WITH THE IMMIGRANT WHOSE CASE WE ARE HANDLING.

We can prepare written arguments after we review the lower court’s ruling.

An immigrant (or relative) may retain our service by mail. JUST MAKE SURE YOU KNOW OUR ADDRESS.

There are no time limits to try to reopen a deportation order with no proper notice.

In a 2007 decision, the Third Circuit Court of Appeals reversed a deportation order in which the immigrant never received a notice of hearing sent by regular mail.

In 2006, the same Court of Appeals held that the Immigration Court must notify an immigrant’s attorney about a hearing. Failure to give notice to the lawyer is a violation of due process.

Frequently, when notices are prepared, the day of the hearing is not even listed. Instead, the document states date and time are “to be set.” This creates a major problem in properly notifying an immigrant of a hearing.

“DeportationAppeal.com” will lead you to our website which includes a section about our reported cases.

Around this time, Castro married his longtime US citizen girlfriend and hired our firm to reopen his deportation case.

Our first motion was denied. So, we went to federal court.  Frank & York successfully proved that the lower courts had improperly denied relief.

The federal court (Third Circuit) found that Immigration failed to decide a timely, properly filed motion.

Castro and his wife lived happily ever after.

Arguably the most famous case Bob Frank has handled was the deportation case of Mario Ruiz-Massieu, the former Deputy Attorney General of Mexico.

Among the many types of immigration cases FRANK & YORK handles, we enjoy consultation with athletes from all over the world.

We have consulted with and represented: an NFL All Pro, an NBA All Star, members of the national wrestling teams from Romania and Belarus, pro soccer players from England and Brazil, a world ranked archer and a tennis pro from the former Soviet Union, a martial artist from Australia, baseball players from the Dominican Republic, a basketball player from Turkey, and a swimmer from the United Kingdom.

FRANK & YORK also enjoys sponsoring athletes. Our firm was very proud to see several Brazilian Jiu Jitsu fighters wear our patch at the World (Mundials) tournament in 2007. These fighters include two gold medalists and a silver medalist at the Pan American Games.

We welcome the opportunity to speak with and assist athletes from all over the world.

Over the years FRANK & YORK has offered internships to law students both during the school year and summer.

Students chosen to be interns have attended such universities as Princeton, Barnard, Wesleyan, Georgetown, Brigham Young and NYU.

Interns completed their legal studies at institutions such as NYU Law, George Washington Law, Seton Hall Law, and Rutgers Law Schools.

We welcome applicants for internships at any time.

Fluency in Spanish is very helpful in the application process.

Please mail resumes/writing samples/transcripts.

No faxes/emails/calls.

Thank You.