Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

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Deportation and Removal Blog

  • Dec 24, 2009 9:08 am
    Litigation Clearinghouse Newsletter Vol. 4, No. 14 The American Immigration Council Legal Action Center has released the December issue of the Litigation Clearinghouse Newsletter. This issue covers: "the Supreme Court’s grant of certiorari in an immigration case involving whether a second drug possession offense is an aggravated felony, a new LAC resource on motions to suppress, favorable court of appeals’ decisions on detention and crimes of violence, and res judicata in removal proceedings." Click here to read the newsletter in .pdf format. Continue reading >>
  • Dec 15, 2009 9:40 am
    SCOTUS to Hear Immigration Case Relating to Deportation Consequences of Drug Convictions The Supreme Court of the United States (SCOTUS) has granted cert. in a case involving the issue of whether a conviction under state law for simple drug possession, which is a federal misdemeanor, is an “aggravated felony” which has distinct and fatal immigration consequences. The issue before the Court arose out of the 5th Circuit and 7th Circuit Courts of Appeal. The case from the 7th in unpublished. The title of the case is Carachuri-Rosendo v. Holder; Escobar v. Holder, Docket: 09-60; 09-203. The question presented in the Petition for Writ of Certiorari is whether: Under the Immigration and Nationality... Continue reading >>
  • Dec 10, 2009 10:18 am
    Board of Immigration Appeals finds a way to look to the facts that resulted in a conviction rather than evaluating the underlying statute The Board of immigration Appeals has ruled in Matter of Martinez-Serrano, Int. Dec. 3666, 25 I&N Dec. 151 (BIA 2009) has ruled that: (1) An alien’s conviction for aiding and abetting other aliens to evade and elude examination and inspection by immigration officers in violation of 18 U.S.C. § 2(a) (2006) and 8 U.S.C. § 1325(a)(2) (2006) establishes that the convicted alien is removable under section 237(a)(1)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(E)(i) (2006); and (2) Where the facts underlying the respondent’s conviction demonstrated that she knowingly assisted other aliens to enter the United States in... Continue reading >>
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Immigration Blog

  • Dec 22, 2009
    Hardship Waiver Approved for Client with Criminal Conviction Our client is a Canadian citizen. Unfortunately, she was inadmissible to the United States for life as a result of a criminal conviction for fraud. A few years ago, she met a United States citizen through the internet. Over many emails, phone conversations, and visits in Canada, they fell in love, and he proposed marriage. At this point, our firm was retained. Because of her criminal conviction, our client needed an immigrant waiver of Continue reading >>
  • Dec 17, 2009
    Green Card Approved for Grandfathered Unskilled Worker Our client is a citizen of India. He entered the United States without inspection in 1985 and has been residing here ever since. He applied for status as a Special Agricultural Worker. The application was denied. He appealed and the appeal was dismissed. In April 2001 we were retained to represent him. We prepared and filed an Application for Labor Certification for his employer on his behalf as a janitor. It took the U. S. Department of Continue reading >>
  • Dec 7, 2009
    Nonimmigrant Waiver Approved in Only 74 Days Our client is a Canadian citizen. He is inadmissible to the United States for life as a result of being convicted of possessing a marijuana cigarette approximately 30 years ago. He is married, has children, is a small business owner, and is a respected member of his community. Previously, utilizing a Canadian consultant, he applied for and was granted a one year nonimmigrant waiver of inadmissibility. He retained us to renew the waiver, hoping Continue reading >>
  • Dec 3, 2009
    Brief filed with the Board of Immigration Appeals I just filed a brief with the Board of Immigration Appeals requesting that the Board overturn an Immigration Judge’s denial of my client’s Green Card application. The Immigration Judge found that my client was not statutorily eligible to apply for his Green Card and hinged its ruling on baseless speculation that my client had potentially made a false claim to United States Citizenship when filling out an I-9 Employment Verification form. The Continue reading >>
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U.S. Immigration News

  • Dec 31, 2009
    Justice Department and ICE reach $4.5 million agreement with Pilgrim's Pride "BEAUMONT, Texas - The federal government and Pilgrim's Pride Corporation have reached a non-prosecution agreement to resolve an investigation involving the hiring and employment of unauthorized aliens at some of the company's Texas plants. The agreement was announced by U.S. Attorney John M. Bales, Eastern District of Texas; John Chakwin, special agent in charge of U.S. Immigration and Customs Enforcement's (ICE) Office of Investigations in Continue reading >>
  • Dec 30, 2009
    Lancaster, California requires businesses to do immigration checks on new hires "Businesses operating in the city of Lancaster will be required to ensure that all their new hires are eligible to work in the United States by using an Internet-based federal program to check the immigration and employment eligibility of potential workers. The free online program, called E-Verify, allows participating employers to use federal databases to compare information provided by job seekers with millions of records kept by the Social Continue reading >>
  • Dec 29, 2009
    Immigration reform facing long odds "Immigration reform is increasingly looking like a political albatross that could hurt Democrats in the 2010 midterm elections whether President Obama succeeds or fails in overhauling today's widely disliked system. After postponing action for a year because of the national economic crisis and a drawn-out debate over health reform, President Obama is being pushed by advocates of comprehensive reform to fulfill the campaign promise he made in Continue reading >>
  • Dec 29, 2009
    On 1-1-10 a Team of Young Immigrant Students will embark on a 4-month long, 1,500 mile walk galvanizing support for immigration reform called the Trail of Dreams [Video] "On January 1st, 2010, a small team of brave, passionate young immigrant students from Floridas Students Working for Equal Rights (SWER) will embark on a 4-month long, 1,500 mile walk the Trail of Dreams. As they travel through the southeastern United States, this courageous group will be seeking meetings with political and civic leaders, joining in rallies and vigils, and reaching out to the media - galvanizing support for immigration policy Continue reading >>
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