Immigrationassistence.org wins stay of deportation for one of their clients:
Juan Enrique Garza was driving around his neighborhood in southwest Albuquerque when he was stopped by ICE and Bernallio county deputies, he was arrested for violating section Section 212(f) of the Immigration & Nationality Act after having been found in the United States undocumented, after his arrest, he was detained at the Cibola Detention Center, where he was advised that he would be deported and not allowed to apply to enter the United States for 20 years.
Not speaking english, Mr. Garza was referred to call our office for legal assistence due to his families strained financial resources, his mother had contacted numerous attorneys in Albuquerque, who had asked for reatiners of between $2500.00 to $10,000.00, a price they could not afford, after speaking to Mr. Connelly, and an investigatioin surriounding his arrest, it was determined that Mr. Garza was being detained illegally, as there had been no warrant issued for his arrest and that there was no current charges pending agsinst him that could warrant his deportation and detention.
As a result of these facts, the court ordred the immediate release of Mr. Garza and the oppertunity was presented for Mr. Garza to file his application for amnesty and therein secure his permament residence status, he is now managing his own landscaping business and is looking forward to getting married soon and starting his family.
Immigrationassistence.org was proud to be able to assist Mr. Garza, while not every situation will have the same results, we always strive to achieve the best outcome for all of our clients.
United States v. Sineneng-Smith
July 20, 2020
Syllabus First Amendment. In accord with the amici’s arguments, the Ninth Circuit held that §1324(a)(1)(A)(iv) is unconstitutionally overbroad. Held: The Ninth Circuit panel’s drastic departure from the principle of party presentation constituted an abuse of discretion. The Nation’s adversarial adjudication system follows the principle of party presentation. Greenlaw v. United States, 554 U. S. 237, 243. “In both civil and criminal cases, . . . we rely on the parties to frame the issues for decision and assign to courts the role of neutral arbiter of matters the parties present.” Id., at 243. That principle forecloses the controlling role the Ninth Circuit took on in this case. No extraordinary circumstances justified the panel’s takeover of the appeal. Sineneng-Smith, represented by competent counsel, had raised a vagueness argument and First Amendment arguments homing in on her own conduct, not that of others. Electing not to address the party-presented controversy, the panel projected that §1324(a)(1)(A)(iv) might cover a wide swath of protected speech, including abstract advocacy and legal advice. It did so even though Sineneng-Smith’s counsel had presented a contrary theory of the case in her briefs and before the District Court. A court is not hidebound by counsel’s precise arguments, but the Ninth Circuit’s radical transformation of this case goes well beyond the pale. On remand, the case is to be reconsidered shorn of the overbreadth inquiry interjected by the appellate panel and bearing a fair resemblance to the case shaped by the parties. Pp. 3–9. 910 F. 3d 461, vacated and remanded.
Immigrationassistence.org moves into new offices.
November 25, 2020
We may have moved to somewhere new,
But we’d love to stay in touch with you,
Send a note, drop a -line, call or email, just stop by.
Our new address is… 4801 Lang Ave NE Suite 110 Albuquerque NM 87109
Upcoming USCIS Regulations:
November 23, 2020
Extension of Validity of Certain Forms I-797 Due to Continued Employment Authorization Document (EAD) Delays
USCIS previously issued a notice indicating that certain Forms I-797, Notice of Action, are acceptable for Form I-9, Employment Eligibility Verification, through Dec. 1, 2020. DHS is now extending the validity of these Forms I-797. To complete Form I-9, new employees and current employees requiring reverification who are waiting for their EAD may continue to present a Form I-797 described below through Feb. 1, 2021 as a List C #7 document issued by the Department of Homeland Security that establishes employment authorization, even though the notice states it is not evidence of employment authorization.
For the notice to be acceptable, it must include a Notice Date from Dec. 1, 2019, through and including Aug. 20, 2020, and indicate that USCIS has approved the employee’s Form I-765, Application for Employment Authorization. The last day that both new and current employees may present this notice to complete Form I-9 is Feb. 1, 2021. New employees will also need to present an acceptable List B identity document.
Employers who entered a Dec. 1, 2020 expiration date on Form I-9 for employees who presented this Form I-797 as a new hire or for reverification as directed in the original notification must update their employees’ forms to document continued employment authorization. To do so, write Employment Authorization Ext Until 02/01/2021 in the Additional Information box in Section 2 of Form I-9.
By Feb. 1, 2021, employers must reverify employees who presented this Form I-797 as a List C document. These employees must present new evidence of employment authorization -- either their new EAD or any other acceptable documentation they choose -- from either List A or List C.