Removal and Inadmissibility

May 5, 2022

Joint Motions to Reopen: Getting Rid of the Stormy Clouds of an Old Deportation Order

A question frequently asked to Romben Law, APC’s Palm Springs immigration lawyers is whether an old deportation case can be reopened.

During the previous presidential administration, the answer was no. Thus, many people living under the storm cloud of a deportation order were unable to seek the government’s consent to file a joint motion to reopen to an Immigration Judge. Now, under a revised memorandum (known as the “Doyle memo”), an avenue to petition the government has been restored.

I had previously written about motions to reopen here.

December 20, 2018

The dangers of puff, puff, give . . .

by Romben Law, APC

I was having lunch with a former client who had flown in and out of LAX the other day. We were celebrating that after a long journey involving his moving from California to Washington, the government had granted his application for lawful permanent residence. Knowing that California had legalized the recreational use of marijuana, he mentioned that he was surprised that he didn’t see any “amnesty boxes” at the airport.

As of November 2018, 10 states have legalized the recreational use of marijuana and 33 states allow the use of medical marijuana. However, federal immigration law has not changed: marijuana is still a “controlled substance.” And the consequences can be severe.

Canadians who have admitted to taking a puff in the past or who are involved in the cannabis industry can be turned away at the border and possibly banned from future travel into the United States. CBP officers have stated: “Anytime somebody plans on entering the United States to involve themselves in the distribution, proliferation, possession of any form of marijuana, that could lead to them being found inadmissible.”

June 23, 2017

A good week for second chances

by Romben Law, APC

This week, the United States Supreme Court issued decisions in not one, but two (!!) immigration cases for the immigration lawyers at Romben Law, APC LLP to chat about.

Earlier this year, I wrote about the Maslenjak case. During oral arguments, the justices seemed extremely skeptical regarding the government’s position that ANY misrepresentation could lead to an individual being stripped of citizenship. The justices — in a 9-0 smackdown — decided that the lie “must have somehow contributed to the obtaining of citizenship.” The justices acknowledged that sometimes folks tell minor falsehoods out of “embarrassment, fear, or a desire for privacy.” The Supreme Court left it to the lower courts to craft rules regarding the effects of lies in the naturalization process, but opined that adopting the government’s rule would give “prosecutors nearly limitless leverage — and afford newly naturalized Americans precious little security.”

In Lee v. United States, the Supreme Court overturned a conviction for an individual facing deportation. Jae Lee, who immigrated to the United States as a teenager, was told by his criminal defense attorney that accepting a plea deal would not jeopardize his lawful permanent resident status. Lee discovered that his attorney was “dead wrong” when the government immediately began removal proceedings. This does not mean that Lee is in the clear: he will need to either negotiate a new plea deal, or go to trial.

June 16, 2017

What do we say to the four horsemen of deportation? Not today

by Romben Law, APC

This week, the Trump Administration summed up its policy on undocumented immigrants inside the United States as follows: “We are coming after you!” The immigration lawyers at Romben Law, APC LLP have a response: “What do we say to the four horsemen of deportation? Not today.”

At a Congressional hearing, the acting director of Immigration and Customs Enforcement said “If you’re in this country illegally and you committed a crime by entering this country, you should be uncomfortable. . . . You should look over your shoulder, and you need to be worried.”

As further evidence that the Administration seeks to make life more difficult for undocumented immigrants — even those who have lived in the country for many years and have children who are United States citizens, the Administration formally terminated the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (or DAPA). Although the program had been on hold due to a lawsuit, the Secretary of Homeland Security has rescinded the memorandum and will no longer seek its implementation.

May 11, 2017

Trump’s immigration plans (beyond the wall)

by Romben Law, APC

Within his first 100 days in office, President Trump has signed more executive orders than his three most recent predecessors. For immigrants, the executive order that should cause the highest level of concern was signed on January 25, 2017 and titled “Enhancing Public Safety in the Interior of the United States.”

Under the previous administration, immigration enforcement was guided by the “Priority Enforcement Program” (PEP), which focused limited resources toward the apprehension and deportation of individuals with convictions involving violence or drugs, individuals who were a security threat, and individuals who had recently entered the United States. The PEP allowed some discretion towards individuals who had lived in the United States for a long period of time, had extensive family ties, and who did not pose a threat to the community.

The PEP has since been rescinded. Trump has delineated a new set of enforcement standards. If one still has doubts about the administration’s plans to make life more difficult for immigrants, all one would need to do is take a look at the whiteboard behind Trump’s advisor Steve Bannon. An expansive reading of the executive order suggests that all persons who have no legal status inside the United States are subject to deportation. The executive order targets any individual who might “otherwise pose a risk to public safety or national security” (even if not specifically mentioned in the executive order) to be detained by immigration officers.

January 7, 2013

Illegal Presence Waiver Can Now be Processed in USA

by Romben Law, APC

Alt Route Waver.jpg Over many years, Romben Law, APC has counseled many immigrants who have come to the USA without passport or visa, or who have come legally but overstayed. In many of these case, it has not been possible to process the paperwork for an immigrant visa (the green card) without first having the immigrant depart the USA to go back to the US Embassy in the home country for an interview. In some cases, this means that the immigrant must file an I-601 Waiver of Ground of Inadmissibility at the US Embassy and wait months for a decision. And if the I-601 is denied, the immigrant cannot be reunited with family in the USA for 3 or 10 years!

For this reason, many green-card eligible applicants are afraid to leave the USA for their interview; they are afraid that if their I-601 waiver is denied, they will not be able to return to their families for 10 years. The risk of NOT being granted the waiver is too great, so they have avoided legalizing altogether.

Until now.

In early January 2013, Department of Homeland Security Secretary Janet Napolitano announced a new procedure. This new procedure — called the I-601A Provisional Waiver — still requires the immigrant-applicant to apply for the waiver, to seek a pardon for coming to the USA without papers, or for overstaying. However, this request for a waiver can now be filed before departure from the USA and before going to the interview at the American Embassy. In this way, the immigrant-applicant will know provisionally whether they will be able to return quickly after their Embassy interview or not — before leaving the USA.
Continue reading

June 29, 2012

Papers Needed for Deferred Action for Undocumented Young People

by Romben Law, APC

At our offices in Los Angeles and in Palm Springs, the immigration attorneys at Romben Law, APC have been receiving hundreds of phone calls about the President’s recently-announced initiative to provide Deferred Action to certain undocumented young people, providing them with work permits (Employment Authorization Documents – EAD).

On 15 June 2012, President Obama announced that he was directing US Citizenship and Immigration Services (USCIS) to provide EADs to undocumented young people who meet certain qualifications. A successful applicant must show that s/he:

* arrived in the USA before age 16;

April 5, 2012

Immigration Option for Gay Men & Lesbians in Deportation

by Romben Law, APC

The immigration attorneys at Romben Law, APC — with clients from the Coachella Valley and Palm Springs, to Southern California and Los Angeles, and throughout the world — have been closely watching the implementation of the prosecutorial discretion policy as it affects gay men, lesbians, and persons in nontraditional family relationships.

As readers of this blog may recall, in the latter half of 2011, the Obama administration instructed its enforcers of the immigration laws (also known as the Immigration and Customs Enforcement branch of the Department of Homeland Security) to consider exercising its discretion to dismiss “low priority” deportation and removal cases. The “Morton Memo” indicated that the following criteria may be viewed as positive factors:

Circumstances of arrival – especially if the person came to the US as a child Pursuit of education – if they have graduated from high school in the United States and/or are pursuing higher education U.S. Military service Ties to the U.S., including family relationships Pregnant or nursing women Age, especially for minors and the elderly If the person is a primary caretaker of another person with a severe illness or disability Persons who are likely to be granted temporary or permanent status because they are an asylum seeker, victim of domestic violence, human trafficking, or other crime

January 3, 2012

Don’t Play with Fire! – Immigration vs the Aggravated Felon

by Romben Law, APC

The recent Los Angeles arson situation brings to mind many people who have consulted the attorneys at Romben Law, APC in our Los Angeles and Palm Springs offices. They have a valid visa or legal permanent residence (green card), and they have been convicted of a crime. Sometimes it is a serious crime; sometimes it is something minor. In some of these cases, the conviction has virtually unfixable immigration consequences.

In 1990, Congress created the concept of “aggravated felonies,” crimes that are considered so bad that an alien might not even qualify for the typical defenses to deportation (removal), such as asylum, cancellation of removal, or withholding of removal. In other words, the Congress has simply decided that someone who has committed an “aggravated felony” should just be deported (removed) regardless of the defenses s/he might try to use.

The name “aggrevated felony” is misleading. “Aggravated felony” includes such obviously serious crimes as murder, rape, or arson; we can all agree that these crimes are quite serious. However, “aggravated felony” can also include some less- obviously terrible crimes, such as attempted possession of stolen property, attempted robbery, petty theft, trespass, unauthorized use of a vehicle. Even if a crime was charged as a misdemeanor in the legal system, it can still be considered an “aggravated felony” for immigration purposes.

October 6, 2011

The World Mourns Steve Jobs

by Romben Law, APC

Green apple standing out.jpg Today the world mourns Steve Jobs. Steve Jobs was the creator and visionary at Apple, Inc. but he is remembered as one of the world’s greatest business leaders, ranking up there with the likes of Ford and Rockefeller. Steve Jobs was credited for bringing technology and it’s benefits to the every day lives of every day people. The attorneys at Romben Law, APC want to thank Steve Jobs for changing how we think about technology, for inspiring us to think creatively in what we do as immigration attorneys.

Romben Law, APC is proud to run our office on Apple technology. We love our Apple computers, iPhones and iPads. But more importantly, the immigration attorneys at Romben Law, APC have also embraced the entrepreneurial spirit and determination which is best exemplified by Steve Job’s own words:

Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.