On July 15th, 2021, in the matter of Cruz-Valdez (Respondent), Attorney General Merrick Garland overruled the decision in the matter of Castro-Tum in its entirety, given by Attorney General Jeff Sessions in 2018. The new ruling has reinstated the immigration judges’ power to postpone deportation cases if a decision or ruling is pending in the related immigration cases. This article will provide an insight into the previous ruling, the facts of the present case, and what was overruled.
A Tourist B2 Visa is a non-immigrant (temporary) visa that is required for a citizen of another country traveling to the U.S. when the purpose of travel is non-business related. Examples for when a B2 visa may be required might include: travel for vacation/leisure, tourism, visiting family and friends, medical treatments, sports, social events, and more.
In the immigration system, the process for removal can seem daunting, complex, and stressful. If someone has been placed in the removal process it is very important that they seek the immediate help of an experienced immigration attorney. Attorneys can help clarify legal issues and represent the client’s best interests. One of the most important parts of the removal process is called the master calendar hearing. This hearing determines the schedule for removal and upcoming hearings, but the judge does not make a final decision on the case.
Removal, or also commonly known as deporting, of non-citizens, can occur if US immigration officers (like those of US Immigration and Customs Enforcement) decide an individual must be removed from the US. In order to be involuntarily removed, the individual must go through a process that includes going to court and arguing in front of a judge.
Following a recent increase in raids (especially major ones like those in Mississippi a few months ago), it has become important to know what the detainment and removal process consists of, and how to seek help. Non-citizens can be detained by immigration officers for a multitude of reasons. Similar to criminal court cases, the immigrant can be released from detention after paying a bond. This article will provide an overview of the bond hearing process.
In the US several criteria mean that non-US citizens can be removed from American soil by being deported to their country of origin. In some cases, those who face possible removal do have a solid defense against being removed and, with the help of an attorney, can argue for their continued stay in the US. Regardless of whether a person will be deported or not (and whether they have a defense), it is vital that they understand the complex process and are aware of any available legal tools and advice.
The subject of deportation has come up more recently as there are talks of ICE raids in immigrant communities, but the threat of deportation is not just applied to undocumented migrants as other foreign nationals can also be deported from US soil. In fact, the US can deport those who have violated their visas, are found to be a part of crimes or are a threat to public safety. Depending on the context of the deportation case, the process for removal will vary, as will the kind of defense case used against the removal.
In many cases, when undocumented migrants enter the US they do so with their family. This means that children are brought along and they too become undocumented individuals. Children and young migrants often do not have a choice of whether they should illegally cross the border or not – it is a choice for survival for many. In an effort to protect these children and young migrants, the Deferred Action for Childhood Arrivals program (DACA) provides temporary protection from deportation. Furthermore, the minors and youth protected by DACA are commonly called the Dreamers.
For decades, young undocumented immigrants and minors – “Dreamers” – have petitioned for a path to permanent residency in the US with little success. On Tuesday, June 4th the Democrats passed an ambitious new bill called the American Dream and Promise Act, which would provide Dreamers a path to citizenship even as the federal administration threatens to deport them. Using their majority in the House, the Democrats saw the legislation pass 237 to 187; however, the act may not see similar approval once it reaches the Republican-controlled Senate.
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