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Excerpts From the Jan. 1, 2013 Bender's Immigration Bulletin

USCIS Issues Policy Memo on International Filings On November 30, 2012, USCIS issued a final policy memorandum outlining the circumstances in which applicants may file Form I-601 (Application for Waiver of Grounds of Inadmissibility) and any associated Form I-212 (Application for Permission to Reapply...

New York Jury Mulling Federal Slavery Case

"A federal jury will resume deliberations Friday in the case of an upstate New York woman accused of cheating an Indian household servant out of hundreds of thousands of dollars in pay and keeping her a virtual prisoner at a mansion. The jury in Albany went home shortly after 5 p.m., about three...

Transformation of a Town Underscores Immigrants’ Impact

"While there is considerable debate about whether increased immigration depresses wages on the low end of the pay scale, most experts say allowing more new immigrants and offering a more secure legal footing for workers who are currently in the country illegally would bring the nation broad economic...

The First Immigration Public Defender System: New York City 2013

"On Friday, July 19, the New York City Council allocated $500,000 towards the “nation’s first public defender system for immigrants facing deportation,” as the New York Times described it. $500,000 may seem small. But New York’s pilot project shows that immigration appointed...

Modified Categorical Approach Victory in NY: Matter of Nunez (IJ Segal)

Michael Z. Goldman writes: "On September 20, 2013, we received a significant decision issued by New York Immigration Judge Alice Segal terminating removal proceedings against a long-time Permanent Resident of the United States. This decision, which you can read here , is noteworthy because it is...

Immigration Court Innovation in NYC

"Mr. Leyva was the first client in a new program that seeks to provide public defenders for all poor immigrants residing in New York who have been detained and are facing deportation. The initiative is the first of its kind in the country. Unlike in the nation’s criminal court system, defendants...

N.Y. Ct. App. on Court Advisals: People v. Peque

"[F]undamental fairness ... requires a trial court to make a non-citizen defendant aware of the risk of deportation because deportation frequently results from a non-citizen's guilty plea and constitutes a uniquely devastating deprivation of liberty." - People v. Peque, Nov. 19, 2013 ....

Immigrant Children Need More Protection: Esther J. Cepeda

"Even though our maddening and broken immigration system probably won’t be reformed for at least another few years, small pockets of common sense can be found in the midst of it all. Take a recent decision in a New York state appellate court clarifying a 1990 statute—called Special...

SIJ Victory in New York: Matter of Marcelina M.-G.

"In 1990, Congress enacted the special immigrant juvenile provisions of the Immigration and Nationality Act (see 8 USC § 1101[a][27][J]; Pub L 101-649, § 153, 104 US Stat 4978 [101st Cong, 2d Sess, Nov 29, 1990]), which provide a gateway for undocumented children who have been abused,...

Bar Exam Passed, Immigrant Still Can’t Practice Law

"Cesar Vargas seemed to have checked all the right boxes in his quest to become a lawyer in New York State. He made honors at both college and law school in New York City, his home since coming to the United States from Mexico at age 5. He interned with a State Supreme Court judge, a Brooklyn district...

Feds: We Can't Meet Court's FOIA Demands in Detention Lawsuit

"Federal prosecutors say they can't meet a judge's demands they quickly deliver documents about thousands of immigrants who've been detained nationwide for months or years as their immigration statuses are reviewed. The office of U.S. Attorney Preet Bharara laid out the government's...

New York Appellate Court Issues Amazing SIJ Decision: Matter of Marisol N.H., et al.

Bryan Johnson writes : "On February 5, 2014, the Appellate Division of the Second Judicial Department in New York issued a splendid decision that will have a huge impact on the future of undocumented children in New York. In many situations, in order for an undocumented child to obtain residency...

Asylum Fraud in Chinatown: An Industry of Lies

"As an increasing number of Chinese have sought permanent immigration status here, asylum has become a popular way to achieve it: Asylum recipients are granted immediate permission to work and can apply for a green card a year later. Amid this rising demand, an ecosystem of law offices and other...

New York Program Gets Public Defenders for Immigrants

"Anderson Cadet arrived at the Varick Street courthouse in an orange jumpsuit, shackled at the wrists, prepared to fight his deportation without an attorney. In immigration court, there is generally no right to free legal counsel. Many immigrants represent themselves. But on this cold February morning...

Immigrants in New York City Bolster Housing Values

"Immigrants have helped stabilize New York City housing values over the past two decades and at the same time boosted property in once-troubled neighborhoods, according to a report to be released Thursday . The report—sponsored by the Americas Society / Council of the Americas—credits...

Immigration and New York City: The Contributions of Foreign-Born Americans to New York's Renaissance, 1975–2013

"This Americas Society / Council of the Americas report shows how immigration has helped revitalize New York City since the mid-1970s by making communities safer, increasing public revenue, and boosting the city’s population. The data shows that immigration has reduced New York City’s...

N.Y. Ct. App. on Padilla Retroactivity: People v. Baret

"The United States Supreme Court held in Padilla v Kentucky (559 US 356 [2010]) that the Sixth Amendment requires criminal defense counsel to advise their noncitizen clients about the risk of deportation arising from a guilty plea. The Court subsequently held in Chaidez v United States (568 US __...

New York Announces $2.2 Million Restitution Fund For Victims Of Immigration Scam

"Attorney General Eric T. Schneiderman today announced that thousands of victims who were defrauded by two immigration services organizations, the International Immigrants Foundation, Inc. (IIF) and the International Professional Association, Inc. (IPA), could begin applying for compensation from...

As Child Immigrants Await Fate, a Race for Counsel

"Inside a courthouse in downtown Manhattan, an immigration court crisis plays out in vivid scenes. Dozens of attorneys race between windowless courtrooms. Families listen as immigration law is explained to them in a foreign language through an interpreter. And the children at the center of it all...

Prison for Ex-Manhattan Assemblywoman in Sham Marriage Case

"A former New York State assemblywoman accused of buying an $8,000 sham marriage to gain citizenship was sentenced on Friday to one year in prison by a judge who said pursuit of the American dream was a poor excuse for her actions." - Associated Press, Oct. 4, 2014 .

News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

Mayors Support DAPA, DACA Expansion

"Mayors and senior officials from 25 cities across the country met Monday in New York to rally support and lay the groundwork for implementing President Obama’s executive actions to provide relief to millions of undocumented immigrants nationwide. Brought together by New York City Mayor Bill...

Cesar Vargas, DACAmented Lawyer

Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York - 2015 NY Slip Op 04657 - Decided on June 3, 2015 - Appellate Division, Second Department : "We are called upon to determine whether an undocumented immigrant, who is authorized to be present in the United...

News Excerpts From the July 1, 2015, Bender’s Immigration Bulletin

New York Grants Law License to DACA Grantee | On June 3, 2015, an intermediate New York appellate court approved the application for admission to the bar of a Mexican citizen who was brought to the United States as a child and granted relief under the Deferred Action for Childhood Arrivals (DACA)...

Iowa Probation Blocks Immigrant's Historic Law License

"Cesar Adrian Vargas made history this month when a New York court paved the way for him to become the first undocumented immigrant to practice law in the state. But the Mexican-born activist's arrest at a Des Moines political event earlier this year has put that achievement in jeopardy —...