Supreme Court Ruling Saved Immigrant from Deportation

The Supreme Court has issued a decision this week that will help many non-citizens avoid being deported. A state drug offense is not considered an “aggravated felony” unless it is punishable as a felony under federal law. A second or subsequent simple possession drug offense is not punishable as a felony under federal law unless the prosecutor charges the defendant as a recidivist before trial or before a guilty plea. On June 14, 2010, the Supreme Court ruled that when a defendant has been convicted of a second or subsequent simple possession drug offense that has not been enhanced as a result of a prior conviction, the defendant has not been convicted of an offense that is punishable as a felony under federal law and has therefore not been convicted of an “aggravated felony.” Carachuri-Rosendo v. Holder, 2010 WL 2346552, at *11 (U.S. June 14, 2010).

The Supreme Court’s decision will help one of my clients who is currently in deportation proceedings. His case was put on hold by the immigration judge, pending the outcome of this Supreme Court case. My client obtained his permanent residence (“green card”) in 1981, is married to a U.S. citizen, and has two simple possession drug convictions. Prior to the Supreme Court’s decision, my client was ineligible for cancellation of removal because he was considered to have been convicted of an “aggravated felony.” However, my client was not charged as a recidivist when he was prosecuted for his second simple possession drug offense. Therefore, as a result of the Supreme Court’s decision, my client is no longer considered to have been convicted of an “aggravated felony” and my client is now eligible to apply for cancellation of removal. If his application for cancellation of removal is granted, he will be able to remain in the United States. The Supreme Court’s decision has saved him from deportation.

USCIS Proposes Change in Fees

U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions.   The proposal, posted to the Federal Register today for public viewing, would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

The proposed fee structure would establish three new fees, including a fee for regional center designations under the Immigrant Investor Pilot Program, a fee for individuals seeking civil surgeon designation and a fee to recover USCIS’s cost of processing immigrant visas granted by the Department of State.  The proposed fee structure also reduces fees for certain individual applications and petitions as a result of lower processing costs.

Our office believes that fee increases should be followed by improvements in service.  As this has not occurred in the past following fee increases, we doubt it will happen now.  If anything, increasing fees in a slow economy will just result in few applications and revenues for the USCIS.

To view the proposed new filing fees, please click HERE.