Updates from June, 2012 Toggle Comment Threads | Keyboard Shortcuts

  • Coane & Associates 1:14 pm on June 11, 2012 Permalink | Reply
    Tags: , legal rights   

    Educational Video About Deportation Court Proceedings 

    I have represented clients in deportation court on a regular basis for over 25 years. Such proceedings are very serious because if the client loses, the judge orders that they be deported. Of course, the deportation does not happen immediately because there is a lengthy appeals process and even if the client does not file an appeal, many times it could be months until arrangements are made for the actual deportation.

    Watch this video which explains a person’s legal rights and shows how the deportation court process works.

    If you wish to have a consultation regarding similar issues, visit our website or contact me.

    __________________________________________________________________________________________________

    About the author: Bruce Coane is an attorney who specializes in labor and employment law and immigration law, with offices in Florida and Texas. He may be reached at houstonlaw@aol.com, 713-850-0066 or 305-538-6800.

     
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  • Coane & Associates 3:19 pm on January 3, 2012 Permalink | Reply
    Tags: , Hispanic Voters, , , Pew Hispanic Center survey   

    Deportation and the 2012 Election 

    President Barack Obama hasn’t quite received the satisfactory rating he had with the Hispanic voters in 2010, but a recent survey from the Pew Hispanic Center shows that many Hispanic voters still favor him in the 2012 elections.

    This survey was done with 1,220 Latino adults from all 50 states and the District of Colombia. The results that this survey got may not be conclusive, even though a lot of Hispanics are most likely to vote for him again, the percentage of the poll are divided into the way the Obama administration is handling the country’s general problems and the immigration and deportation problems specifically.

    Obama’s current approval rating among the general population is 46% which is 3% lower than what he received from the Pew survey’s 49%, but in 2010, he received a rating from the Latinos 9% higher at 58%. So what does this say?

    The respondents are aware that the Obama administration deports illegal immigrants faster than the previous administration did, and 77% of those who are aware of this object to the current deportation policies.

    However, high and low the ratings for Obama go, 91% of the respondents are in full support of broad immigration reform, including the naturalization of undocumented residents brought to the US as children, and the DREAM Act.

    ________________________________________________________________________________________________

    Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

     
  • Coane & Associates 3:21 pm on August 23, 2011 Permalink | Reply
    Tags: , , , Morton Memos   

    The Obama administration announced last week that it… 

    The Obama administration announced last week that it was going to review all 300,000+ deportation court cases and consider dismissing some of them. The stated criteria for dismissal/closure was whether the personal has not been convicted of a serious crime and has not been a habitual immigration violator. This latest statement from the administration follows earlier pronouncements (known as the Morton memos) from ICE and DHS that they would be exercising prosecutorial discretion and terminating many deportation cases.

    Since the Morton memos have NOT been followed, at least from my observations in immigration court, I was very skeptical of the latest announcements last week, which led many to suggest it was a new amnesty. While there was no statement about amnesty, the administration did say that work permits would be issued to people whose cases were closed in this process.

    I suspected that it would be “business as usual”, based on my observations following the Morton memos. Following those memos, the local prosecutors in Houston exhibited no intention of dismissing any cases (except for some during the first few weeks). The problem is that the administration in Washington makes these bold pronouncements, yet nothing trickles down to their people in the field. So, the prosecutors and the judge act as though the memos and pronouncements have no effect on them.

    Today, I had a deportation case in immigration court and figured I’d test the waters. My client is a young woman from China, and had no problems with the law and is a full-time college student. I asked the prosecutor , Dean Emmons, and the Judge Lisa Luis if they would agree to close the case pursuant to the directives from Washington, DC. The judge said,”I’m not bound by the Morton memos,” and that this was “not the right forum. The prosecutor said that he was not willing to close the case.

    So, notwithstanding directives from Washington about the new amnesty, nothing has trickled down to the field. What the government should have done was to order an immediate halt to all deportation cases until they can review the files as was promised. Going forward with such cases, in light of directives from Washington saying to the contrary, is just plain wrong.

    In conclusion, there is no new amnesty and there is no stoppage of deportation cases, at least in Houston and Miami where I handle most of my cases.

    ________________________________________________________________________________________________

    Bruce Coane is a leading lawyer with 30 years of experience in the field of immigration law and employment law. He may be reached via email at houstonlaw@aol.com or his website at Coane and Associates.

     
    • Troy Sim 4:40 pm on August 23, 2011 Permalink | Reply

      You’re right on. Until there is guidance from Washington, D.C. things won’t change.

    • Donna 7:48 pm on June 23, 2013 Permalink | Reply

      Before taking up space about things you know nothing about, Immigration Judges do not have the authority to extend prosecutorial discretion and the judge is right, it is NOT the forum for discussing it. Prosecutorial Discretion is just as the name suggests, at the discretion of the prosecutors. They are not obliged to terminate any case brought to them. They extend PD at their own discretion based on criminal history, immigration history and in many instances statements previously made by the respondents.

    • Bruce Coane 8:27 pm on June 23, 2013 Permalink | Reply

      I disagree Donna. A judge can discuss anything they choose to discuss, and can instruct the parties to discuss whatever the judge wants them to discuss. And, when I wrote this almost two years ago, I was a witness to government lawyers denying PD in Houston on many cases. Things may have changed since then, but in 2011, that was certainly the case from my personal observations.

  • Coane & Associates 2:08 pm on August 27, 2010 Permalink | Reply
    Tags: deportation cases, immigration court hearing dismissal,   

    Immigration court proceedings are being terminated, pursuant to new policy 

    Pursuant to an August 20, 2010 directive from the Department of Homeland Security, immigration court proceedings are being terminated in many cases.

    The directive condones the dismissal of these deportation proceedings where there is specific “relief” available for the foreign national. Such relief involves things like marriage to a USA citizen, or other pending or approved visa petition.

    While the directive was issued only 7 days ago, I have already seen several of my clients’ deportation cases dismissed. This is a huge benefit for clients as it saves them the time and expense and fear of deportation proceedings.

     
  • Coane & Associates 12:23 am on June 29, 2010 Permalink | Reply
    Tags: , , passport seized at airport   

    Green Card Seized at Airport 

    Our client’s green card was seized by Department of Homeland Security (DHS) after she tried to re-enter the USA after a short trip abroad.

    The DHS now has most USA criminal records in the database at the airports. They even have criminal records from certain foreign countries, like Canada, etc.

    If the DHS believes the crime could make the person subject to deportation, they often seize the green card at the airport. Such a person, like our client, is then left with no proof of legal status.

    In our client’s case, we tried unsuccessfully to get the green card returned, and finally, today, the DHS office in New Orleans, stamped her passport with proof of legal status.

    Obtaining that stamp was no simple task because it requires the filing of form I-90, which is normally used to replace a lost or stolen passport. In this case it was neither lost nor stolen, and it took great effort to get DHS to accept the form. And, without proof that the form was filed, DHS was refusing to stamp the passport with proof of green card status. Now that she has proof again, our client can travel abroad, renew her driver’s license, and work legally.

     
    • rob saijjke 8:34 pm on July 7, 2010 Permalink | Reply

      mr coane, how often does this happen? can DHS take away your passport on suspicion of being a terrorist or illegal alien, without any cause or does that become a criminal matter?

      • Coane & Associates 9:15 pm on July 7, 2010 Permalink | Reply

        DHS can pretty-much do whatever they want at the port of entry (airport), including taking your passport, green card, etc. Of course, you can “challenge” that through the court system.

        • Anonymous 7:12 am on May 9, 2011 Permalink

          hi my passport has been kept by dhs. im anf1 student and i lost my status due to missing a lot of classes, so dhs came to my house took me to detention center. I was off within couple hours on bond of $1200, but the kept my passport. I have a court date at the end of July. So in this case my ID has expired, Is there any system to renew it.

    • Sam 1:05 am on July 8, 2010 Permalink | Reply

      Doesn’t that become a crime, then? And what is the statute of limitation for challenging the system?

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