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Cleveland Immigration & Naturalization Law Blog

Criminal Law and DUI: Ohio First Time DUI Penalties

In this edition of Criminal Law and DUI, we look at some of the very basic questions regarding first time DUI penalties in Ohio.  If convicted of an OVI (operating a vehicle while intoxicated) or DUI (as it is commonly called), the judge will sentence you to a jail term, a fine, a drivers license suspension and likely probation.  The maximum jail sentence is 180 days.  The fines range from $375-$1075.  The judge will issue a Class Five drivers license suspension.

Case Law Update: CA2 Says 6 Months of Detention is Enough

In this case law update we look at Lora v. Shanahan a Second Circuit (CA2) case where the court of appeals held that if an alien is detained pursuant to the mandatory detention provision for more than six months, the immigration judge must hold a bond hearing for them.  The courts interpretations are of 8 U.S.C. 1226(c) or INA 236(c) otherwise called the mandatory detention provision which ICE uses to arrest aliens convicted of certain crimes and detain them without bond. The court also found that aliens can be arrested and detained without bond even if it is not subsequent to a custodial arrest meaning that someone could be subject to detention without bond for a crime committed years ago.  

Crimmigration: Diversion Program a Conviction for Immigration?

In this crimmigration (criminal-immigration) post we look at whether or not a diversoin program is a conviction for immigration purposes.  The Immigration and Nationality Act (INA) defines a conviction for immigration purposes in section 101(a)(48).  That section states "[t]he term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where- (i)a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii)the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed."  This is a very broad definition and encompasses many different types of convictions.  

Crimmigration: CA9 - 18 U.S.C. 16(b) Void for Vagueness

In this crimmigration post we review the Ninth Circuit (CA9) Court of Appeals decision finding that 18 U.S.C. § 16(b) is void for vagueness and therefore not sufficient to sustain a finding of a "crime of violence" for removal or deportation. In Dimaya v. Lynch the court held Mr. Lynch's conviction for burglary under California Penal Code § 459 was not categorically a "crime of violence" to support a finding of an aggravated felony pursuant to INA § 101(a)(43)(F). The court held that a noncitizen may challenge an immigration statute (law) as being unconstitutional for being vague or not providing fair notice as to what is punishable or where the delegation of authority would lead to arbitrary prosecutions.

Why You Should File a FOIA Request

There are many different reasons why you should file a FOIA request.  Maybe you don't remember what you verbally stated at a port of entry when you entered the United States. Or perhaps you aren't sure whether you disclosed an old conviction on a prior filing before the government. And then there comes the time that you are all ready to file for a benefit but you lost your last approval notice and you need a copy of it for this particular filing. You'll want to know all of the facts before you sign your name to a form and submit it to the government. You also want to have all of the supporting documents needed so your filing isn't denied or rejected. These are all examples of times when you should consider taking certain preemptive steps in order to obtain more information and control the record before you take other action.

Success Stories: NOID or RFE? We can help you with that.

It's more common of a scenario than one might think. You read the instructions on the Form I-129F (Petition for Alien Fiancé) or I-130 (Petition for Immediate Relative). You review some online blogs about what to include in a filing and what to expect. You figure it can't be that difficult - other people handle it without getting an attorney involved. How hard can it be? You've gotten to this point on your own and you are prepared to weather the storm without all the legal jargon and extra fees included.

Crimmigration: CA1 - Incarceration Not Required For Agg Felony

In this crimmigration post we review the First Circuit (CA1) Court of Appeals decision finding that incarceration is not required for a convition to be an aggravated felony for immigration purposes.  In Levesque v. Lynch the court held Ms. Levesque's convictions for bank fraud, wire fraud and identity fraud were aggravated felonies pursuant to INA 101(a)(43) even though she was not sentenced to any actual incarceration.  The total amount of loss to her victims was $29,444.22 and Ms. Levesque was ordered to pay that in restitution and serve five years of probation but no actual incarceration.

Case Law Update: First Circuit Sustains Marriage Fraud Finding

In this case law update, we look at the recent First Circuit Court of Appeals decision of Davis v. Lynch in which the court essentially sustained the immigration judge's original finding that Mr. Davis had entered into his first marriage solely for the purpose of obtaining status; marriage fraud. The Board of Immigration Appeals (BIA) agreed with the IJ and that is why this petition for review of the removal order occurred.

Temporary Protected Status (TPS): Nepal

The Secretary of Homeland Security designated Nepal for Temporary Protected Status (TPS) on June 24, 2015.  The registration period will run from June 24, 2015 through December 21, 2015.  The designation period will continue through December 24, 2016.  This designation is for nationals of Nepal and those people without nationality who last habitually resided in Nepal.  

USCIS Updates and Changes: TPS for Syria

USCIS Updates and Changes reminds us the deadline for registering for Temporary Protected Status (TPS) for Syria who are not currently in TPS status is July 6, 2015.  TPS for Syria was originally designated on March 6, 2012.  The Secretary of Homeland Security redesignated TPS for Syria on January 5, 2015 and through September 30, 2016.  The re-registration period ended on March 6, 2015.  

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