California lawsuit sent back to the San Francisco Superior Court

Tuesday, January 11th, 2011

  I recently posted a blog about lawsuits filed in San Francisco  against unlicensed California lawyer Martin Resendez Guajardo and San Diego-based attorney Christopher Stender. One lawsuit was a class action suit filed by Orrick, Herrington & Sutcliffe LLP and the other a civil suit filed by the City of San Francisco. According to docket reports, on December 14, 2010, Messrs. Guajardo and Stender removed the case to the federal court.  Removal jurisdiction permits a defendant to force the plaintiff to…

The speculative bubble in immigration practice. Part II.

Sunday, September 26th, 2010

Last week I discussed the irrational exuberance that caused attorneys to file adjustment of status applications for their clients who were deported and then came back even after it had become clear that USCIS was going to find the client ineligible for adjustment of status. This week I will discuss a similar irrational exuberance involving visa-waiver-entrant adjustments. The visa waiver program, found at INA § 217, allows citizens of certain countries to come to the United States without a visa…

ICE quota tactics: Shame, shame, shame

Wednesday, April 7th, 2010

Immigration and Customs Enforcement seems to be under pressure to deport people. There are conflicting reports about the truth of internal memos from the ICE leadership about quotas for deportation. As anyone who has worked in government knows, there are metrics to measure productivity – when I was in the Army, the resource management people were always having us fill out forms about our productivity, and we were the Army, which is not in the business of producing anything. ICE…

A generation of pleading tactics may be down the drain.

Sunday, January 24th, 2010

Immigration lawyers involved in advising aliens who have been arrested and their criminal defense attorneys have honed skills in trying to mitigate the effects of a criminal conviction on immigration status. In other words, attorneys try to find ways for an alien to plead guilty so he or she will not be deportable, or if he or she cannot avoid deportation, he or she will at least be able to ask for relief (forgiveness) so as not to be deported….