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Articles Tagged with Deportation

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gavelImmigrants who are facing removal proceedings could attempt to dodge deportation by invoking certain rights. One way for removal proceedings to be held in abeyance would be for a petitioner to invoke the Violence Against Women Act. Under the Violence Against Women Act, battered immigrants could petition for legal status without having to rely on their abusive U.S. spouse or relative to sponsor their Adjustment of Status applications. In spite of the label, the Violence Against Women Act is not exclusively limited to women. Men who have abusive spouses could also petition for legal resident status under the Violence Against Women Act.

One case involving a Nigerian citizen sees the Violence Against Women Act come into play during removal proceedings. Eugene Joseph entered the United States in 1991 and was placed under removal proceedings after he was convicted of theft in Illinois and committing bank fraud. During the proceedings, Joseph did admit to his undocumented status but sought to adjust it into a permanent legal resident status by stating that he was married to a U.S. citizen. During the legal proceedings, Joseph also asked for a waiver of inadmissibility in an attempt to address consequences that came as a result of his criminal activities. Joseph stated that deportation would cause his family to experience “extreme hardship.”

During the hearing, Joseph’s wife came forward and testified on his behalf. Joseph’s wife stated that his deportation would take a financial and emotional toll on their marriage as well as causing an undue amount of suffering to their asthmatic sons. The immigration judge that presided over Joseph’s case concluded that the suffering that would be brought about by his deportation would not be considered excessive when compared against the cases of children whose parents were to be deported from U.S. territory. The Board of Immigration appeals agreed with the immigration judge and upheld the decision.

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justice-471888_1280Undocumented immigrants who are facing removal proceedings need to have a strong legal basis to be able to evade deportation. Several immigrants who have entered the U.S. through less than legal means run the risk of being apprehended by immigration authorities. Once removal proceedings have been initiated, there might still be a chance for an immigrant to avoid the verdict of deportation. If an immigrant’s Fourth Amendment rights are violated, it is possible to file a petition to suppress the evidence that is brought against the immigrant and terminate the removal proceedings. In order for this to happen, it is crucial that enough evidence is brought to substantiate that the violation of the immigrant’s Fourth Amendment rights is egregious.

The case of Maria Yanez – Marquez illustrates how a Fourth Amendment violation can be introduced in removal proceedings. Yanez, a citizen of El Salvador, attempted to halt removal proceedings that were brought against her by stating that her Fourth Amendment rights were violated during an investigation that was conducted by agents from the Immigration and Customs Enforcement. Agents from ICE were investigating the Bontempos, owners of Annapolis Painting Services. The Bontempos were housing immigrants in their premises and ICE agents began to stage an investigation on the Bontempos’ property.

After securing a search warrant, the ICE agents entered the Botempos’ property at 5 A.M. on June 30, 2008. Yanez and her partner, Jose Umana Ruiz, were awakened by yells signaling the arrival of the agents on the Botempos’ premises. Officers entered the bedroom of Yanez and Umana as part of their investigation. After going through the area and conducting a thorough search, the ICE agents warned Yanez not to move to a different location before she received a letter from the Department of Homeland Security. On July 10, 2008, Yanez received a notice to appear from the DHS.

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woman-594465_1280Over recent years, there has been a lot of debate surrounding the subject of immigration reform. President Obama’s administration was the focus of much heated controversy because several of its proposals for immigration reform did not sit well with other government officials. The conservative sector, in particular, has adopted a hard line stance when it comes to the implementation of extensive immigration reform. Should Obama’s proposals become law, the move would save millions of undocumented immigrants from the threat of deportation. A federal judge from Texas has prevented the immigration reform proposals from being implemented. While this is a development that has stymied the Obama administration’s efforts for the time being, there are positive indicators that the conditions of undocumented immigrants are improving under the President’s tenure.

One of the bigger indicators that Obama’s tenure as President has resulted in improved conditions for immigrants manifests itself in lower rates of deportation. A close look at the incidents of deportation for the past 10 years gives undocumented immigrants a good idea of the steady decrease of removal incidents under President Obama’s administration. Concrete statistical data gives everyone a more detailed picture of the numbers involved. As of April 20 this year, there have been 127,378 incidents involving immigrant removals. Historically, this is the lowest reported rate of removals since the middle of previous US President George W. Bush’s second term.

There are a lot of variables involved in this estimation. . If the figure mentioned above is any indicator, the government averages about 19,730 removal proceedings each month. If things stay on this track, the incidents in removals should come up to 236,000 by September of this year.  This would still be the lowest reported figure in terms of deportations since 2006. Homeland security officials have directed their efforts towards prioritizing removal proceedings for criminals and immigrants who have entered the US through border crossings

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