An amazing thing about immigration law is that hot topics can be issues that have been festering for years and one would imagine would have been resolved by now. For example, the Supreme Court recently decided a case, Judulang v. Holder, a very important decision about 212(c), a relief statute that disappeared fifteen years ago and involves principally the right to seek forgiveness for  illegal conduct or convictions that took place before it disappeared. The issues in the case have…

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…

Instead of a written post today, I made a movie — a dramatization of a conversation I must have at least five times a week. I hope it is informative. A disappointing immigration consultation

A few times I have written about what appeared to me to be an Immigration and Customs Enforcement policy of taking aliens out of the United States without the aliens availing themselves of their right to see an immigration judge by providing false information about the consequences staying and fighting a case as opposed to leaving. I learned of this through speaking to many aliens and family members of aliens who experienced this. This modus operandi was confirmed by a…