December 2018 E-Newsletter

Feature Story

When Should I Request a Writ of Mandamus?
Have you filed for a green card but are waiting too long for it to be approved? Is your citizenship petition taking forever? You have already applied, but your work authorization hasn’t been delivered. If you are tired of waiting for your green card or you were interviewed for naturalization and citizenship, but haven’t received a decision yet, there is a solution: a writ of mandamus.


Firm News

Kerry Bretz Speaks to on What Companies Should Do If They Receive an I-9 Audit from ICE
Senior Partner Kerry Bretz was interviewed by for an article on what business owners should do if Immigration and Customs Enforcement (ICE) targets their company for an I-9 audit. Mr. Bretz said that, if the owner is served with an audit, they should contact an immigration law attorney immediately.


Legal News

New York State and Local Police Cannot Detain Non-Citizens for ICE
Recently, a Brooklyn appellate court ruled that local and state police in New York State cannot detain non-citizens beyond their scheduled date of release to turn them over to U.S. Immigration and Customs Enforcement (ICE) officers without a judicial warrant. The case The People, ex rel. Jordan Wells, on behalf of Susai Francis v. DeMarco, involved Susai Francis, a non-citizen from India who lives on Long Island and overextended his stay in the U.S. after his visa expired in 1990.


Ninth Circuit Upholds the Continuation of DACA Nationwide
Recently, the Ninth Circuit upheld a nationwide injunction, keeping the Deferred Action for Childhood Arrivals (DACA) program alive. In September 2017, the Trump administration announced that it was ending the program gradually, over the course of six months, which prompted protests and legal challenges.


Denaturalization Campaign
The threat of denaturalization, the process in which a citizen is stripped of their citizenship, has now become a harsh reality for some. In July 2018, The New York Times reported that, since President Trump took office, the number of denaturalization cases have increased. Denaturalization is part of the Trump administration’s campaign of increased immigration enforcement.


Substantial Decrease in the Number of Refugees Allowed in the United States
Many refugees from around the world desire to seek asylum in the United States. In immigration law, the term “refugee” means any person who is outside the country of his/her nationality, who is unable or unwilling to return to said country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.


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