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December 2013 Archives

Philippine government formerly requests TPS designation from the United States in light of the long-term devastation caused by typhoon

In an announcement dated December 16, 2013 the Philippines announced that it officially requested TPS designation from the Department of Homeland Security, DHS, in its efforts to recover from the typhoon that devastated the region and assist its citizens at home and abroad. The announcement states as follows:

H. Raymond Fasano, Esq. invited to speak at the Federal Bar Association's Asylum Conference being held on February 21, 2014 in Washington, D.C.

H. Raymond Fasano is honored to be invited as a speaker at this prestigious event that will take place at American University Washington College . The conference will be scheduled as part of the University's Founders' Day celebration. This will be a full day symposium on asylum law. The symposium will feature both a fundamentals track along with an advanced track with eight panels consisting of ICE chief counsels, Immigration professors, immigration judges and private practitioners

Second Circuit grants Petition for Review based on Changed Country Conditions in Indonesia with respect to Chinese Christians

In a case that should have far-reaching implications, the Second Circuit Court of Appeals granted a petition for review filed by a Chinese Christian Indonesian whose motion to reopen based on changed country conditions was denied by the Board of Immigration Appeals, BIA. In Ellya Indradjaja v. Holder, the Second Circuit issued a precedent decision that will offer guidance and authority for motions to reopen based on changed country conditions for Chinese Christians in Indonesia.

New York Court of Appeals holds that non-citizens must be advised of the immigration consequences of their plea:

In a significant change from New York State precedent, the New York Court of Appeals held that the failure to advise a non-citizen defendant of the immigration consequences of his or her plea amounts to a due process violation. The landmark ruling is contained in People v. Peque, 2013 WL 6062172 (N.Y. 2013) in which the Court reasoned that removal is a plea consequence of such "tremendous importance, grave impact, and frequent occurrence" that a non-citizen defendant is entitled to notice that it may result from a plea and held that due process compels a judge to apprise a non-citizen defendant that he or she may be deported as a consequence of a guilty plea to a felony. The court overruled the portion of its prior decision in People v. Ford, 86 N.Y.2d 397 (N.Y. 1995), that held that deportation was a collateral consequence of a conviction.

Immigration Reform Back in the Spot Light

Just when we thought that there were not enough legislative days left in this year Congressional session to pass Comprehensive Immigration Reform or piecemeal law changes that would benefit undocumented individuals, Congress is again talking about immigration reform. Newsday reported last week that a recent survey showed that 82% of the public favors immigration reform, with 77% of the public favoring a pathway to citizenship.

Federal Rules of Criminal Procedure have been amended effective December 1, 2013 to mandate that federal judges advise non-citizens of the potential negative immigration consequences that a guilty plea may have

Starting this week, non-citizens pleading guilty in federal court must be given the following admonishment by the district court judge prior to the judge accepting a plea of guilty from such defendant:

All of our Attorneys are active members of the American Immigration Lawyers Association

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