This blog is moderated by Matthew L. Kolken, Esq., and contains regularly updated information regarding the United States immigration law, comprehensive immigration reform, and all the latest U.S. immigration news. Call 716-854-1541 to speak to an immigration lawyer.
Friday, April 30, 2010
Thursday, April 29, 2010
President Obama: Congress May Not Have the Appetite for Immigration Reform This Year
Obama has been employing the blame and do nothing strategy since his election.
When running for office Obama’s message was clear: he would put a stop to the practices of the Bush presidency, and would effectuate real change by ending the destruction of families in this country, and would immediately work to pass the DREAM act. Suffice it to say, he lied to us.
Here are the facts: Obama deports an average of 1,000 people per day that he has been in office. He is on pace to deport nearly one-half of the undocumented community should he serve two terms in office. His record on deportation makes George Bush look like a humanitarian.
In addition his administration has been guilty of covering up the abuse of immigrant detainees, has created secret unmarked detention facilities, and moves immigrant detainees far from their lawyers and their support networks to frustrate their defense.
Moreover, since Obama has been elected I have NEVER in my 15 years of practicing immigration law seen more obstacles put in front of businessmen who are applying for visas to come to this country. This administration has made it increasingly difficult to obtain visas because of bureaucratic incompetence and potential business immigrants are now choosing to avoid the United States altogether, because the obstacles at times are insurmountable.
President Obama is dangerous to immigrants, and to the cause of comprehensive immigration reform.
When running for office Obama’s message was clear: he would put a stop to the practices of the Bush presidency, and would effectuate real change by ending the destruction of families in this country, and would immediately work to pass the DREAM act. Suffice it to say, he lied to us.
Here are the facts: Obama deports an average of 1,000 people per day that he has been in office. He is on pace to deport nearly one-half of the undocumented community should he serve two terms in office. His record on deportation makes George Bush look like a humanitarian.
In addition his administration has been guilty of covering up the abuse of immigrant detainees, has created secret unmarked detention facilities, and moves immigrant detainees far from their lawyers and their support networks to frustrate their defense.
Moreover, since Obama has been elected I have NEVER in my 15 years of practicing immigration law seen more obstacles put in front of businessmen who are applying for visas to come to this country. This administration has made it increasingly difficult to obtain visas because of bureaucratic incompetence and potential business immigrants are now choosing to avoid the United States altogether, because the obstacles at times are insurmountable.
President Obama is dangerous to immigrants, and to the cause of comprehensive immigration reform.
Tuesday, April 27, 2010
Rep. Luis Gutierrez on Countdown with Keith Olbermann (4-26-10)
Representative Luis V. Gutierrez has COMPLETELY restored my faith in him. He has become the leading voice in Washington for the cause of comprehensive immigration reform. His appearance on Countdown with Keith Olbermann last night perfectly crystallized the issues in Arizona, and puts the law in its proper and rational perspective.
Bravo Congressman!!
Bravo Congressman!!
Monday, April 26, 2010
Friday, April 23, 2010
Thursday, April 22, 2010
Wednesday, April 21, 2010
Nine Arizona State University students were arrested after they chained themselves to a door near the legislative wing of the Arizona State Capitol.
"PHOENIX Protests continued at the state capitol Tuesday as a controversial immigration bill waits on Arizona Governor Jan Brewers desk.
Arizona senators passed the sweeping bill Monday that is intended to ramp up law enforcement efforts in Arizona.
Tuesday morning, nine Arizona State University students were arrested after they chained themselves to a door near the legislative wing of the Capitol.
The chains were cut by officers and the students were arrested and taken to the Maricopa County Jail.
Attorney Antonio Bustamante, who represents one of the students arrested, says the students chose to chain themselves to the Capitol doors to "block the bigotry that was emanating from the Legislature" and send a message to Gov. Jan Brewer.
The bill passed on Monday by a vote of 17-11."
Tuesday, April 20, 2010
A letter to Congressman Luis V. Gutierrez
Congressman, you need to admit that your vote on Health Care Reform with its xenophobic anti-immigrant provisions was a tremendous error of judgment that has damaged immigrants.
Your exact words:
"I would find it extremely difficult if not impossible to vote for any measure that denies undocumented workers health care purchased with their own dollars."
By giving your vote away for an empty promise from President Obama that he would meaningfully address immigration reform you relinquished your one legitimate bargaining chip to force the President's hand to effectuate an end to the rampant deportations that have hallmarked the Obama Presidency.
You are a good man Congressman, and even good men make mistakes.
The time is now to admit yours.
Please take a stand against this dangerous President, and his 1,000 deportations per day record, by admitting that you were wrong to trust him.
Your exact words:
"I would find it extremely difficult if not impossible to vote for any measure that denies undocumented workers health care purchased with their own dollars."
By giving your vote away for an empty promise from President Obama that he would meaningfully address immigration reform you relinquished your one legitimate bargaining chip to force the President's hand to effectuate an end to the rampant deportations that have hallmarked the Obama Presidency.
You are a good man Congressman, and even good men make mistakes.
The time is now to admit yours.
Please take a stand against this dangerous President, and his 1,000 deportations per day record, by admitting that you were wrong to trust him.
Deportation Proceedings Terminated Despite Criminal Conviction
We were able to obtain the termination of deportation proceedings that were instituted against our client, a citizen of Nigeria. Our client was first admitted to the United States in 1995. Subsequent to his admission his was convicted for an offense that subjected him to deportation, and In March 2008, deportation proceedings were ultimately instituted against him.
Thereafter, our client married his United States citizen wife, a Reverend. We immediately filed a petition with USCIS on his behalf with a request for a Bona Fide Marriage Exemption under §§204(g) and 245(e)(3) of the Act. We submitted corroborating evidence of the bona fides of their relationship to establish that our client’s marriage was real and that the Petition filed on his behalf was approvable. USCIS approved the Petition in 2009, after an interview of both our client and his spouse.
Our next course of action was to renew our previously filed motion to terminate deportation proceedings before the Immigration Court. In Court we advised the Immigration Judge that our client had an approved immigrant petition based on his marriage to a United States citizen, and that he was eligible to apply for his Green Card, requesting the opportunity to submit such application with USCIS with a waiver to spare the need for a trial before the Court.
The Government’s lawyer did not oppose our motion and the Immigration Court in Buffalo, New York terminated deportation proceedings despite the fact that our client is removable due to his criminal conviction.
Our next step is to prepare and file the our client’s Green Card application with a waiver package to cure his underlying ground of inadmissibility. To obtain approval of the waiver we must show that our client's deportation will cause an extreme hardship to his spouse should he not be allowed to remain in the United States. We are optimistic that this application will be approved.
Thereafter, our client married his United States citizen wife, a Reverend. We immediately filed a petition with USCIS on his behalf with a request for a Bona Fide Marriage Exemption under §§204(g) and 245(e)(3) of the Act. We submitted corroborating evidence of the bona fides of their relationship to establish that our client’s marriage was real and that the Petition filed on his behalf was approvable. USCIS approved the Petition in 2009, after an interview of both our client and his spouse.
Our next course of action was to renew our previously filed motion to terminate deportation proceedings before the Immigration Court. In Court we advised the Immigration Judge that our client had an approved immigrant petition based on his marriage to a United States citizen, and that he was eligible to apply for his Green Card, requesting the opportunity to submit such application with USCIS with a waiver to spare the need for a trial before the Court.
The Government’s lawyer did not oppose our motion and the Immigration Court in Buffalo, New York terminated deportation proceedings despite the fact that our client is removable due to his criminal conviction.
Our next step is to prepare and file the our client’s Green Card application with a waiver package to cure his underlying ground of inadmissibility. To obtain approval of the waiver we must show that our client's deportation will cause an extreme hardship to his spouse should he not be allowed to remain in the United States. We are optimistic that this application will be approved.
Monday, April 19, 2010
Friday, April 16, 2010
"Largest-ever human smuggling bust" results in the arrest of 17 individuals that are undocumented.
In the wake of the passing of the Arizona anti-immigrant legislation, and never one to let a serious crisis go to waste, the Obama administration took advantage of the press distraction by conducting what they characterize as one of the government's "largest-ever human smuggling busts."
Federal agents arrested nearly 50 shuttle operators and alleged smugglers accused of using vans to transport thousands of undocumented immigrants from Mexico to Phoenix.
In stark contrast to the Government's characterization, it has been reported that this "largest-ever human smuggling bust" resulted in only 17 individuals arrested that had entered without inspection, or were undocumented.
The New York Times further reported that Alfonso Quintero, the owner of a nearby muffler repair shop, said that he never saw anything suspicious stating: “I didn’t see anything illegal” “Looked like they just wanted a ride.”
Here is the Government's spin:
Federal agents arrested nearly 50 shuttle operators and alleged smugglers accused of using vans to transport thousands of undocumented immigrants from Mexico to Phoenix.
In stark contrast to the Government's characterization, it has been reported that this "largest-ever human smuggling bust" resulted in only 17 individuals arrested that had entered without inspection, or were undocumented.
The New York Times further reported that Alfonso Quintero, the owner of a nearby muffler repair shop, said that he never saw anything suspicious stating: “I didn’t see anything illegal” “Looked like they just wanted a ride.”
Here is the Government's spin:
Thursday, April 15, 2010
Wednesday, April 14, 2010
The Daily Flip Flop: Reid Backpedals on Immigration Reform
Senator Harry Reid (D-NV), far behind in the polls and facing a steep road to reelection, took to the podium last weekend in order to speak directly to 20% of the electorate of the State of Nevada. The 20% I am referring to is the Hispanic voting block that Reid must capture if he has any chance of keeping his seat in November.
This is what he had to say with approximately 6,000 Hispanic voters in front of him: “We’re going to come back, we’re going to have comprehensive immigration reform now.”
Yesterday, about 72 hours hours later, after dining at a private luncheon of Democratic Senators, soon to be ex-Senator Reid in full blown backpedal mode stated that: “We won’t get to immigration reform this work period.”
The Russian judge gave that flip flop a 10.
I'm not much for sugar coating, so I'm just going to tell it like it is: Harry Reid, like President Obama, is merely giving lip-service to the issue of comprehensive immigration reform because he needs the Hispanic vote to get reelected.
The reality is that the closer we get to November the likelihood of CIR grows fainter and fainter. Reid and Obama know this. They also know that if they talk the talk, it is very likely that they won't be punished by Hispanic voters for their failure to walk the walk because the GOP is just that bad to immigrants.
Reid's delay of CIR to the last possible moment speaks volumes of his true intention, which is to avoid the issue altogether, and then fall back on the tried and true strategy to pass blame to the GOP so he can save face as the mid-terms draw closer.
We elected these people to meaningfully address comprehensive immigration reform, not lie to our faces and then stab us in the back while we cast our vote in the election booth.
I’m not buying any of it, and neither should you in November.
Send a message to Washington: Reid must Go!
This is what he had to say with approximately 6,000 Hispanic voters in front of him: “We’re going to come back, we’re going to have comprehensive immigration reform now.”
Yesterday, about 72 hours hours later, after dining at a private luncheon of Democratic Senators, soon to be ex-Senator Reid in full blown backpedal mode stated that: “We won’t get to immigration reform this work period.”
The Russian judge gave that flip flop a 10.
I'm not much for sugar coating, so I'm just going to tell it like it is: Harry Reid, like President Obama, is merely giving lip-service to the issue of comprehensive immigration reform because he needs the Hispanic vote to get reelected.
The reality is that the closer we get to November the likelihood of CIR grows fainter and fainter. Reid and Obama know this. They also know that if they talk the talk, it is very likely that they won't be punished by Hispanic voters for their failure to walk the walk because the GOP is just that bad to immigrants.
Reid's delay of CIR to the last possible moment speaks volumes of his true intention, which is to avoid the issue altogether, and then fall back on the tried and true strategy to pass blame to the GOP so he can save face as the mid-terms draw closer.
We elected these people to meaningfully address comprehensive immigration reform, not lie to our faces and then stab us in the back while we cast our vote in the election booth.
I’m not buying any of it, and neither should you in November.
Send a message to Washington: Reid must Go!
Monday, April 12, 2010
Shakesville: Welcome Home
The following blog post entitled "Welcome Home" appeared on Shakesville and is another shameful example of how U.S. Customs and Border Protection treats individuals whose only crime is that they want to lawfully apply for admission to the United States as a visitor.
It is a cautionary tale of what can happen to you if you chose to visit the United States, and is a must read in its entirety.
Shakesville: Welcome Home
It is a cautionary tale of what can happen to you if you chose to visit the United States, and is a must read in its entirety.
Shakesville: Welcome Home
Project:Report Round 2 - The DREAM Act
"The DREAM Act, proposed one year ago in the United States House of Representatives, is a key issue among voters looking towards immigration reform. In this video, we examine the proposed legislation and reflect on one of the Civil Rights movement's iconic figures.
Produced by Patrick Avilés & Robert Knauf for the 2010 YouTube Project:Report Finals in partnership with the Pulitzer Center. Made possible by Sony and Intel." ~Patrick Aviles
Produced by Patrick Avilés & Robert Knauf for the 2010 YouTube Project:Report Finals in partnership with the Pulitzer Center. Made possible by Sony and Intel." ~Patrick Aviles
Thursday, April 8, 2010
Wednesday, April 7, 2010
Friday, April 2, 2010
A Haitian man who was airlifted by the U.S. military following January's earthquake was freed Thursday from a Florida immigration detention center. (April 1)
Nina Bernstein has reported that Immigration and Customs Enforcement released three dozen Haitian earthquake survivors from immigration detention in Florida yesterday. This was after more than two months in ICE custody.
It took a march on Washington for President Obama to even give lip-service to the issue of immigration reform, and prior to the bad publicity he seemed content with doing nothing to address the promises he made when campaigning.
In all fairness, I do understand that the President has a lot of his plate these days. After all, the business of deporting 400,000 immigrants in 2010 is taking up a fair amount of his administration's resources.
Appalling doesn't even begin to describe it.
"Among the first to be freed was Jackson Ulysse, 20, whose request for release described how sounds in the jail made him fear another earthquake and panic that he would not be able to get out. He had been trapped when his family’s apartment building collapsed in the quake, in which many relatives died.
He and his brother, Reagan Ulysse, 25, had been detained together until March 11, when Reagan was abruptly transferred to a distant immigration jail, leaving Jackson not knowing where he was." -Nina Bernstein, N.Y. Times.So let me ask you this, why does it take an embarrassing article from the New York Times to shame the Obama administration into doing the right thing for immigrants?
It took a march on Washington for President Obama to even give lip-service to the issue of immigration reform, and prior to the bad publicity he seemed content with doing nothing to address the promises he made when campaigning.
In all fairness, I do understand that the President has a lot of his plate these days. After all, the business of deporting 400,000 immigrants in 2010 is taking up a fair amount of his administration's resources.
Appalling doesn't even begin to describe it.
Thursday, April 1, 2010
Sen. Judd Gregg spoke with reporters about immigration reform on March 30, 2010 at a press conference in Concord, NH
Looks like Senator Gregg (R-NH) gets it.
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