The top ten signs the government really does not want lawyers representing clients in immigration cases.

Sunday, April 17th, 2016

It’s time to admit it, the government does not want lawyers representing aliens in immigration proceedings pretty much before any of the agencies that deal with immigration matters, principally the Departments of Homeland Security and Justice. 1. Customs and Border Protection does not allow attorneys to appear with clients at the border. 8 CFR 292.5(b)  In fact, the Board of Immigration Appeals has held that officers do not even have to tell applicants for admission that they have the right…

USCIS adjudicators administer laws they do not understand.

Sunday, October 2nd, 2011

When I was a kid, I remember watching an interview with the then-current crop of Nobel Prize winners on television. The concept was that these men and women were the world’s brightest people and their insights on things outside of their professional expertises would be valuable. The Physics prize winner kept saying all kinds of non-mainstream things that made him seem odd compared the others whose views were within the norm, at least to my then-child’s mind.  One thing he…

Immigration law changes since 9-11

Saturday, September 10th, 2011

Probably no area of law saw more changes after 9-11 than immigration law in San Diego and around the country than immigration law, except maybe suitcase law. Here is a completely noncomprehensive list of changes we have seen in immigration law since 9-11: 1. The formation of the Department of Homeland Security and the division of the Immigration and Naturalization Service (INS). In 2003, the Department of Homeland Security was formed — the last influence of Joseph Lieberman before he…

Immigration bureaus still having trouble coordinating on policy implementation.

Sunday, May 15th, 2011

For years before it actually happened in 2003, many immigration-law pundits advocated for the division of the former Immigration and Naturalization Service (INS) into different components. The idea was that the cultures of benefit granting and enforcement were incompatible. When the Department of Homeland Security (DHS) was created in 2003, the immigration functions of the INS were moved from the Department of Justice (DOJ) and given to the new DHS. Within DHS, INS functions were, like a dream come true…