Tag Archives: Removal

Who can Issue Notice to Appear?

Notice to Appear (NTA) is a document issued by government agencies to aliens who may be placed in a removal proceeding before an immigration judge. The immigration judge will decide whether the noncitizen should be removed and who can remain in the United States. There are different agencies that can issue a NTA, as discussed […]

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Ineffective Assistance of Counsel is not Retroactive

In a removal proceeding, the person to be removed sometime seeks to overturn the removal order can argue that his or her attorney failed to advise the immigration consequences of pleading guilty to certain criminal charges. It is called ineffective assistance of counsel under the Sixth Amendment of the U.S. Constitution.

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Deferred Action of Young People Who Came Under 16

The Department of Homeland Security issued a memo on June 15, 2012 on the subject of deferred action of certain young people who were brought to the United States as children and, as far as they are concerned, the US is their home. DHS intends not to pursue enforcement against a person in that situation […]

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USICE Prosecutorial Discretion

The U.S. Immigration and Customs Enforcement (“ICE”) in a June 2011 memo provided certain guidance on prosecutorial discretion priorities. In particular, it stated the factors to consider for ICE to prioritize the prosecution of the several commonly seen actions:

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