Are Lawyers Questioning Whether Local Law Officials are Following Proper 287g Program Standards?

Immigration lawyers should become familiar with the nuances of the 287g Program Standards. This program creates a partnership between ICE and local law enforcement officials through a Memorandum of Agreement which allows local officials to perform immigration law enforcement functions.

Only after ICE personnel appropriately train local law enforcement, can local officials perform certain designated functions to process a detained individual with immigration issues.

A defense lawyer that wants to aggressively represent his or her client must be ready to challenge whether local law enforcement officials are following proper procedure under the 287g program. In my experience, many local officers are not thoroughly trained to handle the complexity of all of the immigration issues. For example, in some areas, local officers can set bond amounts for undocumented detainees. Oftentimes, in these cases, the local officer will summarily set a high bond amount. A detained individual should not accept this amount as set in stone. A defense lawyer can quickly challenge the amount by contacting the supervisory ICE officer that is the liaison between the local officials and the designated ICE office. In my experience, the ICE officer will generally be willing to consider all facts to exercise more discretion in the bond amount. Many local officials generally assume that all "illegals" are criminals and warrant a high bond amount. However, this can be overcome with proper documentation and by contacting key ICE personnel.

In addition, defense attorneys should be ready to complain to ICE officials about local officer misconduct or abuse of discretion. A well documented complaint can serve as a useful tool to prevent future local official abuses. In the complaint, the defense lawyer should challenge whether the local officers received the appropriate level of training. If it can be shown that the local officer did not receive proper training or did not have the required experience, then there is an abuse of the 287g program; and consequently, this would call for appropriate Congressional complaint.

Isaul Verdin, Esq.

Isaul Verdin quoted as an immigration law expert on NBCdfw.com

http://www.nbcdfw.com/news/local/Immigration-Courts-Face-Staggering-Backlog.html

Sotomayor on Immigration

By Isaul Verdin, Esq.


If confirmed as the first Hispanic Supreme Court Justice, some in our nation may assume that Sonia Sotomayor will take a liberal position on immigration issues. To evaluate this assumption, one should consider her record at the Second Circuit Court of Appeals.

While she served as a federal judge at the Second Circuit, Sotomayor heard 850 asylum cases. The Senate subcommittee on immigration, border security, and citizenship tracked Sotomayor's statistics on immigration cases and found that she ruled on behalf of the government 83% of the time. In other words, she only ruled on behalf of asylum seekers 17% of the time. According to Senator Chuck Schumer, who heads this Senate subcommittee, she was exactly at the median point in her circuit. That is, compared to her colleagues on the bench she ruled in the middle. This indicates to me that she is neither a liberal nor a conservative when it comes to immigration issues. Only time will tell if she changes her views while on the Supreme Court bench.

How to Obtain Release on Bond if the Detainee is Not Subject to Mandatory Detention - Avvo.com

How to Obtain Release on Bond if the Detainee is Not Subject to Mandatory Detention - Avvo.com

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Dallas Immigration Court has new immigration judge-- Hon. Michael Baird

A background on Michael P. Baird, Immigration Judge

Judge Baird was appointed as an immigration judge in April 2009 and has begun hearing cases in the Dallas Immigration Court. He received a bachelor of business administration in 1989 from Clayton State University and a juris doctorate in 1992 from Georgia State University College of Law. From 2006 to April 2009, Judge Baird served as an assistant district attorney in the Appalachian Judicial Circuit in Georgia. From 2004 to 2006, he served as a judge in the Municipal Court of Jonesboro, Ga. From 1997 to 2004, he was Chief Judge for the Magistrate Court of Clayton County, Ga. From 1995 to 1996, Judge Baird was in private practice. From 1993 to 1995, he served as senior assistant solicitor general at the Clayton County Solicitor’s Office. From 1992 to 1993, he was in private practice. From 1986 to 1990, Judge Baird was a police officer with the Lake City Police Department. From 1998 to 2008, he has also served as an assistant professor and on the adjunct faculty in the university system of Georgia. Judge Baird is a member of the Georgia Bar.

The Dallas private immigration bar welcomes Judge Baird.

Does Napolitano Have the Skills to Lead the Leaders?

By: Isaul Verdin, Esq.

President Obama has delegated a critical task to Secretary of Homeland Security, Janet Napolitano. The President expects her to lead both House and Senate leaders to comprehensive immigration reform. But, can she do it?

In short, yes. She has both the skills and the survivor attitude to do it.

As a former governor of Arizona, Secretary Napolitano has proven her experience to lead strong-willed individuals. In conservative Arizona while dealing with complex border issues, she successfully maintained a centrist approach to her politics and she gained a reputation for being a fair bipartisan player. These skills will be invaluable to her as she leads the charge against a constantly growing anti-immigrant political tide.

Another asset that will allow her to navigate the hot political waters, will be her survivor attitude. A little known fact about Secretary Napolitano is that she is a cancer survivor. This kind of experience will toughen a person against any other hardknock. Politics should be easy compared to beating cancer.

With Secretary Napolitano at the helm of the issue, I'm confident that we should see positive reform in President Obama's first term in office.

Immigration Law: Possible Deportation?... A Guide for Detainees under ICE Custody

Whether you have permanent resident status, have lawful nonimmigrant status, or whether you are presently in the United States without legal status, you face the possibility of deportation in certain circumstances.

All non U.S. citizens face the possibility of being placed in removal proceedings if they commit a serious crime, or a series of certain types of crimes. Certain crimes may appear minor in nature, but can have serious immigration consequences.

Additionally, if you have no status and are inside the United States, then the Department of Homeland Security (“DHS”) may detain you at any time and will generally initiate removal proceedings against you.

The following is a guide for your consideration in the event that DHS detains you.

Step 1: Stay Calm. Whatever the circumstances may be, if DHS detains you, you must stay calm. You must not speak to the DHS officers about any criminal offense you may have committed nor discuss any issues related to your immigration status. You must simply indicate that you want to speak to your immigration attorney or that you want to see an immigration judge. You must also remember NOT to sign any document without having your attorney review it.

Step 2: Retain Counsel. If you are detained, you must coordinate with your family so they may retain a lawyer on your behalf. It is critical that your family search for an immigration lawyer experienced in representing clients in removal proceedings.

Step 3: Request Bond. If you hired an immigration lawyer, then the lawyer will request bond for you. Not everyone is eligible for release on bond. This will depend on the nature of the crime you committed, or whether you have an existing deportation order. If you are bond eligible, then your family should immediately pay the bond. If you cannot pay the bond, your immigration lawyer may request the Immigration Court to lower your bond amount. If you are not bond eligible, then you must wait in the detention center until your case is finalized in Immigration Court.

Step 4: Meet with Counsel. If you are released on bond, you will need to meet with your immigration lawyer immediately so that the two of you can develop a strategy that meets your needs. If you are not released on bond, then you will need to discuss your case with your immigration lawyer over the phone. Your lawyer can coordinate a telephonic consultation even if you are detained.

Step 5: Follow Your Counsel’s Advice. Being placed in removal proceedings is a frustrating and overwhelming affair, especially if you are not bond eligible. You must be patient. Trust your lawyer to work on your behalf. With your cooperation, your lawyer will help you achieve the best and most realistic results possible.

Author: Isaul Verdin, Esq.
http://www.jluciolaw.com/