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.
Thursday, April 11, 2019
A review from a satisfied client.
Mr. Kolken has proven to be the best attorney in Buffalo and throughout the nation. It is hard to put into words the excellent job him and his team provide us. Also a special thanks to Marijo. Our application was extremely well-put together. I would highly recommend Mr. Kolken for any immigration needs.
Thursday, March 14, 2019
Removal Proceedings Cancelled Prior to First Hearing
I was able to arrange to have immigration court proceedings cancelled by Immigration and Customs Enforcement after they filed the charging document with the court, but prior to the scheduling of the first master calendar hearing. My client, the spouse of a United States citizen who is expecting the couple's first child, is absolutely ecstatic. Needless to say, so am I.
Wednesday, March 6, 2019
A review from a satisfied client.
Mr. Kolken is very dedicated and very intelligent in his field. Despite all the difficulties and challenges in my case Mr. Kolken was able to save my Green Card. Not Only the green card but he saved my family from separation by saving my Green card. I highly recommend Mr. Kolken. Keep fighting hard and keep saving the familes. You are a real hero. Thank you once again.
Monday, February 25, 2019
Another Victory to Report
Motion to terminate removal granted by the Immigration Court in Orlando, Florida sparing the spouse of a United States citizen the harsh consequences of deportation.
Wednesday, February 20, 2019
80,051 Deportation Hearings were Canceled Due to the Government Shutdown and New Filings Plummet
Via Syracuse University's TRAC:
Canceled Hearings. The tally for hearings canceled during the shutdown and its aftermath has also been affected by delays in getting their status updated in the court records. As of February 1, a total of 80,051 hearings that had been scheduled during the shutdown were either marked in the court's database as canceled due to the "Court Closure" or their entry was simply left untouched with their status remaining blank although the scheduled hearing date was now long past. If other reasons for cancellations during the shutdown such as 'Docket Management (postpone hearing)', 'IJ leave' / 'IJ reassignment', or canceled 'to allow for scheduling of priority case' are included then canceled hearing numbers rise to 94,115.
Also note:
New Filings. Unless there was a dramatic drop in arrests and removal actions initiated by immigration authorities during the shutdown period, there appear to be a sizable number of new filings yet to be recorded and reflected in the court's workload. As shown in Figure 1, while new Immigration Court cases fluctuated between roughly 20,000 - 25,000 a month before the shutdown, filings seeking deportation orders recorded for January plummeted to just under 5,600.
Canceled Hearings. The tally for hearings canceled during the shutdown and its aftermath has also been affected by delays in getting their status updated in the court records. As of February 1, a total of 80,051 hearings that had been scheduled during the shutdown were either marked in the court's database as canceled due to the "Court Closure" or their entry was simply left untouched with their status remaining blank although the scheduled hearing date was now long past. If other reasons for cancellations during the shutdown such as 'Docket Management (postpone hearing)', 'IJ leave' / 'IJ reassignment', or canceled 'to allow for scheduling of priority case' are included then canceled hearing numbers rise to 94,115.
Also note:
New Filings. Unless there was a dramatic drop in arrests and removal actions initiated by immigration authorities during the shutdown period, there appear to be a sizable number of new filings yet to be recorded and reflected in the court's workload. As shown in Figure 1, while new Immigration Court cases fluctuated between roughly 20,000 - 25,000 a month before the shutdown, filings seeking deportation orders recorded for January plummeted to just under 5,600.
Tuesday, February 12, 2019
Withholding of Removal Granted for Citizen of Mexico Fearing Cartel Violence
I just got out of court: Withholding of removal granted for a citizen of Mexico who fears persecution by the drug cartels on account of his family membership.
When I got this case my client was in custody after having a previous removal order reinstated, and was facing imminent deportation to Mexico. I was retained by his wife after telling her that it was going to be a long shot to win at best.
My first step was to prevent the Government from putting him on a plane back to Mexico. I then assisted in obtaining a favorable reasonable fear determination where my client was deemed credible. After that, I was able to secure his release from custody. After release, I prepared our defenses and legal argument for submission to the Court, and prepared our witnesses for trial.
Today at trial, the immigration judge granted withholding of removal, and the Department graciously accepted the Court's order as final. As a result, my client's citizen wife and children will no longer have to fear that he will be deported to a country where he will be likely murdered.
When I got this case my client was in custody after having a previous removal order reinstated, and was facing imminent deportation to Mexico. I was retained by his wife after telling her that it was going to be a long shot to win at best.
My first step was to prevent the Government from putting him on a plane back to Mexico. I then assisted in obtaining a favorable reasonable fear determination where my client was deemed credible. After that, I was able to secure his release from custody. After release, I prepared our defenses and legal argument for submission to the Court, and prepared our witnesses for trial.
Today at trial, the immigration judge granted withholding of removal, and the Department graciously accepted the Court's order as final. As a result, my client's citizen wife and children will no longer have to fear that he will be deported to a country where he will be likely murdered.
Wednesday, February 6, 2019
Matthew Kolken's Response to the Immigration Portion of the State of the Union address
Statistics show that unlawful entries to the United States have hit a 46-year low since Trump took office, and there has been a significant increase in arrests in the interior of the country. In fact, there are far more people overstaying their visas than coming to the United States illegally. Statistics also show that undocumented immigrants commit far fewer crimes than native born citizens.
I do not oppose physical barriers in areas that have been deemed to be high traffic zones if experts in Customs and Border Protections believe they will assist them in enforcing the law. We are a sovereign country and have both a duty and an obligation to control our borders. Moreover, many Democrats voted in favor of physical barriers prior to Trump making it a signature campaign item. Democrats now oppose a wall simply because they oppose Trump.
That said, the most effective wall is an immigration law that serves both the needs of economic refugees and United States employers in industries with recognized labor shortages. A guest worker program is essential to ensure that there is a lawful way for people to easily come to this country to do the jobs Americans are either unwilling or unable to perform. This will positively impact law enforcement's ability to enforce the immigration and criminal laws because unlawful traffic to the United States will be limited to the real "bad hombres." A guest worker program will also alleviate the number of asylum seekers at the southern border as many will simply be able to apply for a visa to come to the country rather than making the perilous journey where they may fall victim to criminals who control illegal passage.
As for the Democratic response, Stacey Abrams engaged in revisionist history, attempting to whitewash Obama's abysmal human rights record on immigration. Plain and simply, Obama, like Trump, is a human rights violator. He should be remembered as such.
I do not oppose physical barriers in areas that have been deemed to be high traffic zones if experts in Customs and Border Protections believe they will assist them in enforcing the law. We are a sovereign country and have both a duty and an obligation to control our borders. Moreover, many Democrats voted in favor of physical barriers prior to Trump making it a signature campaign item. Democrats now oppose a wall simply because they oppose Trump.
That said, the most effective wall is an immigration law that serves both the needs of economic refugees and United States employers in industries with recognized labor shortages. A guest worker program is essential to ensure that there is a lawful way for people to easily come to this country to do the jobs Americans are either unwilling or unable to perform. This will positively impact law enforcement's ability to enforce the immigration and criminal laws because unlawful traffic to the United States will be limited to the real "bad hombres." A guest worker program will also alleviate the number of asylum seekers at the southern border as many will simply be able to apply for a visa to come to the country rather than making the perilous journey where they may fall victim to criminals who control illegal passage.
As for the Democratic response, Stacey Abrams engaged in revisionist history, attempting to whitewash Obama's abysmal human rights record on immigration. Plain and simply, Obama, like Trump, is a human rights violator. He should be remembered as such.
Wednesday, January 23, 2019
Highest Annual Total of Civil Immigration Naturalization Lawsuits in a Decade
Via TRAC:
The latest available data from the federal courts show that during December 2018 the government reported 37 new federal civil immigration naturalization lawsuits. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this number is up 26% over the last six months. This continues an upward monthly trend in naturalization litigation evident since March 2017 after President Trump assumed office - a trend that has accelerated over the last six months.
During calendar year 2018 the government reported 380 federal civil immigration naturalization lawsuits. This marked the highest annual total since the 2008-2009 period. See previous TRAC report on earlier trends.
The latest available data from the federal courts show that during December 2018 the government reported 37 new federal civil immigration naturalization lawsuits. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, this number is up 26% over the last six months. This continues an upward monthly trend in naturalization litigation evident since March 2017 after President Trump assumed office - a trend that has accelerated over the last six months.
During calendar year 2018 the government reported 380 federal civil immigration naturalization lawsuits. This marked the highest annual total since the 2008-2009 period. See previous TRAC report on earlier trends.
Tuesday, January 22, 2019
A review from a satisfied client:
Having been represented by two previous Immigration attorneys with undesirable outcomes, my wife and I were initially unsettled and quite skeptical when we consulted Mr. Matthew Kolken. However, he reassured us that he would do the best he could to resolve our case and he would “hold our hands through the entire process". Our Green Card petition was granted just like he assured us. His paralegal, Mari Jo who was very reassuring throughout the entire process gave us updates during each phase. I would definitely recommend Mr. Kolken to anyone who needs EFFECTIVE legal representation in immigration related matters because he is committed to his clients until their cases are resolved.
Friday, January 18, 2019
Green Cards Approved for Husband and Wife Living without Documentation for Over Twenty Years
I just received the approval notices granting lawful permanent residency for a husband and wife who had been living in the country without authorization for over twenty years. It always feels amazing to be able to tell someone that they no longer have to fear deportation, and that they are finally on a path to citizenship.
Tuesday, January 15, 2019
Green Card Issued for Unaccompanied Minor from Central America
I just learned that one of my clients, a Central American unaccompanied minor, has received his Green Card putting a permanent end to the threat of deportation.
This case had a bumpy road, as I was first able to obtain his release from detention, and obtain multiple continuances to allow for the adjudication of a special immigrant juvenile petition. Once approved I successfully moved to terminate removal to enable him to apply for his Green Card. His card arrived in the mail yesterday.
This case had a bumpy road, as I was first able to obtain his release from detention, and obtain multiple continuances to allow for the adjudication of a special immigrant juvenile petition. Once approved I successfully moved to terminate removal to enable him to apply for his Green Card. His card arrived in the mail yesterday.
Monday, January 14, 2019
Cancelled Immigration Court Hearings Grow as Shutdown Continues
Via TRAC:
Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled. As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000. As many as 100,000 individuals awaiting their day in court may be impacted if the shutdown continues through the end of January.
Click here for more.
Since the beginning of the federal government shutdown, most Immigration Court hearings have been cancelled. As of January 11, the estimated number of cancellations reached 42,726. Each week the shutdown continues, cancelled hearings will likely grow by another 20,000. As many as 100,000 individuals awaiting their day in court may be impacted if the shutdown continues through the end of January.
Click here for more.
Friday, January 11, 2019
A review from a satisfied client:
I am full of thankful praise for the law firm of Kolken and Kolken for successfully petitioning our L1 visas (L-1A). We were referred to Mr Matthew Kolken after we were turned down by a reputable immigration attorney who said our case is too risky with a 70 % chance for failure. Mr Kolken accepted our phone-call and immediately we felt more encouraged because he gave us his time and really heard us out. He did fight our case by applying OUTSTANDING knowledge of immigration law and even overcame a Notice of Intent to Deny. We will forever be grateful Mr Matthew Kolken and Mr Rob Mietlicki. You have opened a door for my family that appeared seemingly impossible.
Wednesday, January 9, 2019
Wednesday, January 2, 2019
Matthew Kolken quoted in Business Insider:
Matthew Kolken, an immigration attorney in Buffalo, New York, echoed these sentiments and suggested an alternative to a physical border wall."
"As I like to say the most effective wall is an immigration law that permits immigrants to come here legally," Kolken told INSIDER. "America needs a viable guest worker program that suits the needs of industries with recognized labor shortages, as well as the immigrants who are willing to do the work."
Click here for more.
Click here for more.
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