In a recent New York Magazine article, David Frum,  a former George H.W. Bush speech writer, wrote, “The reality is, however, that the big winners in the American fiscal system are the rich, the old, the rural, and veterans — typically conservative constituencies.” He was pointing out the irony that these Conservatives, associated with a belief in small government, actually benefit from big government most. They are big winners because of the government largesse they receive – be it tax…

In changes to the immigration laws in 1996, called The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA),  a new concept was introduced in immigration law called “unlawful presence.” The concept came into force on April 1, 1997, when the reforms came into effect – or so we thought. We thought unlawful presence before April 1, 1997, would not have immigration consequences. For the immigration agencies to figure out what it meant – Congress did not define it…

In this posting I would like to discuss an arcane issue – 212(c) and Cancellation of Removal relief. Cancellation of Removal came about on April 1, 1997, after the passage of the Illegal Immigration Reform and Alien Responsibility Act of 1996 (IIRIRA). Because IIRIRA came into effect such a long time ago, by this time most people facing deportation are in post-IIRIRA removal proceedings rather than pre-IIRIRA exclusion or deportation proceedings . In exclusion and deportation proceedings, aliens could seek 212(c)…

Eric Holder was the Deputy Attorney General beginning September 5, 1997, until January 20, 2001. Janet Reno was the Attorney General at the time. Then, Mr. Holder became Acting Attorney General when George W. Bush became president until John Ashcroft became Attorney General on February 2, 2001. Most immigration practitioners who practiced in that period, 1997-2001, recall the period as one of the darkest in immigration law practice. In April 1996, Congress passed and President Bill Clinton signed AEDPA, the…