Much has been written  and adorably dramatized by me and others about the new prosecutorial discretion policy announced by President Obama and his administration. Despite continued skepticism in the media, the policy is being boldly implemented, at least in San Diego, where I practice. Pilot programs are underway in Baltimore and Denver and files are being reviewed nationwide. Implementation is being carried out by the Office of Chief Counsel (OCC), a.k.a., Immigration and Customs Enforcement’s Office of the Principal Legal…

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…

After changes in immigration law in 1995, when an alien applies for asylum, he or she can only obtain a document from USCIS authorizing him or her to work if his or her asylum case is pending more than 180 days. The immigration court maintains an “asylum clock” to calculate how long a case has been pending. Like everything else in the law, the issue becomes the definition of the words, in this case, “pending,” and like everything else in…

United States Citizenship and Immigration Services, at least in San Diego, where I practice Immigration Law, in its zeal to investigate fraud and to find reasons to deny cases it adjudicates, is putting in doubt the worthwhileness of using the Howard Termination process to resolve cases for people who find themselves in removal proceedings. The Howard Termination process is based on an October 6, 2005, memorandum, the Howard Memo, from Mr. William J. Howard, Immigration and Custom Enforcement’s (ICE) principal legal…