Monthly Archives - February 2019

5 Recent Immigration Court Cases

Immigration and asylum issues have become increasingly controversial as the government has moved to the far right in its strategy for handling these extremely complex questions. However, as an immigration attorney in Oxnard I can assure you that I and others are pursuing legal remedies to the injustices that immigrants face daily through the court system. Here are just a few of the legal challenges that my colleagues have brought in defense of the constitution and in order to protect immigrants.

 

  • L v. ICE: This suit was filed by the American Civil Liberties Union (ACLU) and seeks to reunite an asylum-seeking mother with her 7-year old daughter. The two were fleeing violence in the Democratic Republic of Congo and were ultimately separated in the US. The suit alleges that the government violated due process in its handling of this matter.
  • Peter Sean Brown v. Richard Ramsay: Gibson, Dunn & Crutcher LLP filed a suit on behalf of a natural-born US citizen – one Peter Sean Brown – who had been unlawfully detained by ICE agents and subjected to emotional and psychological trauma from his imprisonment. He would have been wrongfully deported if not for the intervention of a friend who presented his Brown’s birth certificate to an ICE agent.
  • Grace v. Whitaker: This case involved the “expedited removal” policy of the current administration. The American Civil Liberties Union, Center for Gender & Refugee Studies, the ACLU of Texas, and the ACLU of D.C. filed a suit which challenged this policy as it subjects asylum seekers to dangers from domestic violence and even gang brutality.
  • courtHamama v. Adducci: Immigration and Customs Enforcement has been in the news quite a bit lately for its practices and alleged abuses of immigrant. This case involves the arrest of more than 100 Iraqis – many have been in the U.S. for years. This raid occurred throughout the city of Detroit.
  • United States of America v. State of California: This case involves the government’s lawsuit against California’s sanctuary laws. The ACLU has actively sought to protect what are known as the California Values Act. This Act protects immigrants from dragnets and other deportation actions.

This is just a small sample of the legal actions that have arisen as result of the wrongheaded immigration policies of the current administration. If you are asking yourself the question “where is an immigration lawyer near me,” I can and other organizations can help.

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Facts about Dreamers and the DREAM Act

One of the most misunderstood pieces of immigration legislation to have emerged over the past decade has been The Development, Relief and Education for Alien Minors Act, also called the DREAM Act. The purpose of this law is to give undocumented students a chance at becoming permanent residents. Here are a few facts about the law and the people who are/would be affected by it.

  • There have been several bills proposed to replace DACA: These bills include The Dream Act proposed by Senator Dick Durbin and Senator Lindsey Graham. It allowed a path to citizenship for illegal immigrants. It did not pass the Congress. There is also the Recognizing America’s Children Act, proposed by Rep. Curbelo, The American Hope Act: Proposed by Rep. Gutiérrez, BRIDGE Act: Proposed by Coffman, and Broader Options for Americans Act.
  • The DREAM Act is not outright amnesty: Contrary to popular belief, the DREAM Act does not provide automatic citizenship for these dreamers. Dreamers must still meet high standards to be eligible for legal status in the US.
  • The DREAM Act rewards success and encourages economic productivity: The DREAM Act actually rewards high performing students who will someday go on to be our nation’s teachers, doctors, nurses, lawyers, etc a chance to further their education. The infusion of talent helps to grow the nation’s economy.
  • There is broad support for the DREAM Act among the public: The DREAM Act – or legislation like it – is supported by 60% of all Republicans and 80% of all Democrats. Moreover, the Act has even broader support among the business, education, military, and faith communities.
  • The DREAM Act could increase youth participation in public service: Many young immigrants who would be the beneficiaries of the DREAM Act say that they would be willing to do public service in either the military or in non-profit businesses.daca

In the end, all issues related to immigration seem to be in a constant state of flux as legal challenges to changes and proposed changes to these policies are making their way through the court system. As an immigration lawyer in Oxnard, it is my job to keep up-to-date about these issues as they affect a great many of my clients. I am Erika Roman immigration lawyer and I can assure you that I will fight for you against an ever changing and increasing complex system.

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Writ of Mandamus: What it is and How it May Help Your Case

The bureaucracy involved in the immigration system can oftentimes seem like a bunch of hurry up and wait. You file your immigration case, pay your fees respond to USCIS’s request for the evidence that they require and still…nothing. Well, there is a way to speed up your case and it is by filing a Writ of Mandamus.

What is a Writ of Mandamus?

A Writ of Mandate (Mandamus) is a court order to the government or another court forcing it to make a final decision. It can be used by an attorney if your case has been delayed for an unreasonable time. An immigration lawyer such as me – attorney Erika Roman – is the best person to contact to tell you if this applies to your case and to go about filing the action. When it is successful, a Writ of Mandamus can actually achieve the desired result before the government even files an answer to your complaint against it. They have been successfully used by clients who have been left waiting in immigration limbo for as long as 3, 4, 5 and up to 7 years for their green cards or citizenship

Reasons an Immigration Application May be Delayedcourt

One of the most common reasons the government gives for delaying action on an immigration case is that they are “name checking” your application and are conducting security checks. However, many people are simply told that their case is “under review” or “pending.” If you are considering taken action against USCIS then you should first try to learn what reason the government is giving you for the delay. We can help to find this out and determine whether or not fling a Writ of Mandamus is the appropriate course of action.

Things to Remember about a Writ of Mandamus

 

There are two important things to remember about filing a Writ of Mandamus. (Few things in life are easy.) First, it only compels the USCIS to decide. The case may still be decided against you. However, I – Erika Roman immigration lawyer – can advise you on the chances of either one happening. The second is that filing a Writ of Mandamus can be complicated and is only one of your options. I will be able to lay out all your options in your case once you come in for your free consultation.

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How to Prepare for Your Initial Consultation

After you have decided that you may need legal representation, you have the opportunity to call me and set up a free consultation. This is the opportunity for us to discuss the merits of your case and to you to see the two of us are a match. Thus, the better prepared you are, the less time it will take for me to understand and help you resolve your legal issue. This could result in savings to you and a better chance that we will be compatible. Here are some ways in which you may wish to prepare for this all-important first meeting.

  • Bring all documents: Make sure that you have copies of any and all documents you have received relating to your case. This includes but is not limited to government notices, correspondence, tickets, emails, forms, notices, etc. These records will give me a clear understanding on where you case is, whether or not I can help and what my strategy might be.
  • Be honest: Dishonesty is a poor way to start a relationship. Withholding information from your attorney can lead to a whole host of additional legal problems once I begin to represent you. Rest assured that any and all conversations you share with me are confidential. This is by law. I am not allowed to disclose said conversations without your permission.
  • Take notes: Although the initial consultation is not meant to resolve your legal problems, I will make comments and suggestions to you that may be noteworthy. Consider bringing a legal pad with you and taking notes as we discuss your case.
  • Listen carefully: What I bring to the table is years of experience handling issues that will probably be not unlike your own. Be sure that you pay attention to all that is said and that you ask questions about issues or statements that you do not understand.immigration kids
  • Ask questions: Only by asking questions can you increase your understanding of what is going on with and what is likely to happen with your case. Questions you may wish to ask include:What is the likely cost of pursuing my case? What are the strengths and weaknesses of my case? Have you handled similar cases in the past? How long will it take for the case to be resolved?

Again, by taking the time to prepare for this initial free consultation in the above ways you can increase the chances that we will be able to work together for our mutual benefit. As an immigration attorney in Oxnard, I am proud to offer my services to those who may feel that their legal situation is otherwise hopeless. I am attorney Erika Roman and I look forward to helping you navigate our complex immigration system.

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