Recently in Deportation Category

July 1, 2009

Deportation and Juvenile Court Proceedings

Since I'm an immigration attorney, I'm often asked for my opinion on the immigration consequences of criminal convictions and activities. Yesterday, a criminal defense attorney in Boston asked me whether, in Massachusetts, a non-citizen youth who breaks the law and who is found delinquent by a juvenile court could end up being deported as a result of the juvenile delinquency finding.

The short answer is no. According to the Board of Immigration Appeals, a juvenile adjudication isn't considered a criminal conviction for immigration purposes. The logic behind this rule is that juvenile proceedings are not criminal. So a delinquency finding on a deportable offense will not cause a juvenile to be deported.

But beware: juvenile adjudications can trigger other adverse immigration consequences. They can be used to bar a finding of "good moral character", which is a requirement for naturalization and other forms of relief from deportation such as cancellation of removal. Also, as a discretionary matter, Immigration Judges can view juvenile activities as a negative factor when considering any application for relief from deportation.

And some immigration provisions don't require the existence of a conviction and can be based on an admission of guilt or merely a perceived "reason to believe" that the person has been involved in criminal activity. For instance, a person can be denied adjustment of status to permanent residency or entry into the United States based on an Immigration Judge's "reason to believe" that the person has been involved in drug trafficking or money laundering. The "reason to believe" could be based on non-criminal juvenile proceedings.

To summarize my advice, a youthful offender conviction or a juvenile delinquency finding is not considered a "conviction" for immigration purposes and, therefore, can't be the basis for deportation. But such adjudications should be avoided because they could affect a person's immigration status in other ways.

Two final points:

1. Massachusetts Youthful Offender Law: This statute permits children between the ages of 14 and 17 to be prosecuted as adults when charged with serious felony crimes. It is possible that at some point, immigration authorities could make a legal argument that youthful offender convictions should carry the same immigration consequences as adult convictions. But from my research, no federal cases, published Board of Immigration Appeals decisions or other legal authority support this position.

2. Juvenile dispositions must be disclosed:  Appearances in juvenile court, although not criminal, must be disclosed on immigration forms such as applications for adjustment of status to permanent residency (I-485), and applications for naturalization (N-400).

If you have further questions about the deportation, juvenile proceedings, or possible immigration consequences, feel free to call me at (617) 722-0005. Schedule an consultation with me in my Boston immigration offices. I'd be happy to help you.


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June 30, 2009

How to get to Immigration and Customs Enforcement in Burlington, MA using public transportation

In 2007, Immigration and Customs Enforcement--the agency, which handles immigration bonds and is in charge of deportation--moved its offices from the centrally-located JFK Federal Building in downtown Boston to a remote office park way out in the boonies of Burlington, Massachusetts.

In my years of experience as an immigration lawyer specializing in deportation cases, I've noticed that many of my clients don't have cars and rely on public transportation. My clients need to travel from Boston area to the Burlington, MA immigration office to post immigration bonds or to report in for orders of supervision or orders of recognizance. My immigration clients often ask me how to get to ICE's Burlington office from Boston using public transportation.

The answer is quite simple. Take the MBTA Red Line to Alewife Station. From there, take the 350 Bus to the Burlington Mall, which is located adjacent to the office of Immigration and Customs Enforcement. The schedule for the 350 Bus can be found here.

The address, once again, for ICE in Burlington is:

U.S. Immigration and Customs Enforcement (ICE)
Office of Detention and Removal Operations (DRO)
10 New England Executive Park
Burlington, Massachusetts 01803

I hope this information is helpful to you.  Should you need assistance with an immigration case, please call my office at (617) 722-0005 and schedule an immigration consultation to meet with me.


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June 29, 2009

Why I usually don't recommend Voluntary Departure

When I go to Immigration Court in Boston, my goal is to protect my clients from deportation. I work hard to explore all options, to come up with a winning strategy and to prepare my cases in a way that ensures success. Of course, I want my clients to come away with a green card.

But the sad reality is that for some people who must appear in Immigration Court, the facts of their particular cases render them ineligible for any relief from deportation. For such cases, there is simply no way under the current immigration laws to prevent deportation. And, when faced with limited options, many lawyers routinely ask the Immigration Judge for an order of voluntary departure.

Voluntary departure permits a person to leave the United States voluntary and it removes a bar to inadmissibility that would otherwise result from being deported, i.e., receiving an order of removal. The consequences of being deported are indeed severe. If you receive an order of removal, you would be inadmissible for 10 years. And this 10 year bar runs from the date that you are physically removed from the United States, not the date that the Immigration Judge ordered your removal.

Although voluntary departure may help you avoid deportation, the consequences of failing to comply with a voluntary departure order may be worse than deportation itself.  Consider that a person who is granted voluntary departure after 1996 but fails to voluntarily leave the United States may face:

  • civil penalties including fines of $3,000; and
  • a 10-year bar from important immigration options such as cancellation of removal, adjustment of status, and change of status;
Also, it is harder to file a motion to reopen or reconsider a voluntary departure order, although this issue has been the subject of extensive litigation and new regulations.

These stiff penalties for those who violate an order of voluntary departure do not apply to people who are given orders of removal or deportation.  And what's worse, once a person fails to voluntarily leave the U.S., the voluntary departure order then becomes an order of removal or deportation.  If such a person decides to leave the U.S. after failing to depart voluntarily as required, this later departure is considered "self-removal," which is the equivalent of deportation.

Sure, voluntary departure may sound better than deportation.  But if an Immigration Judge gives you an order of voluntary departure and you fail to depart, you may end up in a worse position than someone who simply receives an order of removal or deportation.  You should not consider voluntary departure unless you are truly prepared to leave the United States, preferably in consultation with an immigration lawyer and as part of a strategy to return to the US.  The decision becomes complicated because many people who are in deportation proceedings face additional grounds of inadmissibility for being unlawfully present in the U.S.

In short, voluntary departure is relief from deportation.  Yet given the harsh consequences, for most people, I consider voluntary departure to be a cure that is worse than the disease.

Need advice about voluntary departure in Boston Immigration Court or other immigration law issues?  Call me at (617) 722-0005 and set up an immigration consultation in my Boston law office.




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June 27, 2009

Boston Immigration Court AILA Liaison

I'm proud to announce that I've been re-appointed as a liaison to Boston's Immigration Court for the American Immigration Lawyers Association ("AILA") - New England Chapter. As a member of the Liaison Committee to the Executive Office of Immigration Review, I look forward to assisting my esteemed colleagues. 

In Boston, immigration lawyers and the Immigration Court have a tradition of warm relationship, for which we can thank the leadership of Court's Administrator Robert Halpin.  As a liaison, I'm happy to be able make a small contribution to this on-going comity.

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June 25, 2009

How to win or lose in Immigration Court

If you are facing deportation or removal from the United States and have a hearing in Immigration Court in Boston or elsewhere, your fate is in the hands of an Immigration Judge who will weigh the evidence and reach a decision. Immigration lawyers refer to this process as the Court's or the Judge's discretion.

People often underestimate the power of an Immigration Judge's discretion.  So I'd like to give you three specific examples of how Immigration Judges have the discretion to decide deportation cases:

#1:  "Why did the Immigration Judge deny my case?  All of my criminal cases were dismissed!"  Imagine that you are married to a U.S. citizen and are applying for a green card.  You have a hearing before an Immigration Judge for your I-485 application to adjust your status to permanent residency.  You have been arrested several times but all of your criminal cases were dismissed.  Even though your criminal charges didn't result in a conviction, it would be a mistake to assume that the Immigration Judge will automatically approve your I-485 just because your criminal cases did not result in a conviction.  You are not necessarily entitled to a green card.  The Immigration Judge has discretion to approve or deny your green card application.  In making that decision, the Immigration Judge will want to know more about your criminal cases even if you were not convicted.  The Judge will weigh the evidence and reach a decision in their discretion.  And if you don't convince the Immigration Judge that you deserve to become a permanent resident, you are going to lose.

#2:  Immigration Bond If Immigration and Customs Enforcement ("ICE") arrests you and puts you in jail, you have a right to a bond hearing where you may ask an Immigration Judge to release you on an immigration bond.  The immigration regulations require the Immigration Judge to make three important discretionary decisions.  First, as a threshold matter, the Judge must decide whether you are a danger to the community.  Unless this decision is in your favor, you will not be released on bond. Second, if the Immigration Judge believes that you are not a danger to the community, the Immigration Judge will then decide whether you are likely to return to court if released.  And, third, if the Immigration Judge decides that you are not a danger to the community and that you are likely to return to Immigration Court for future hearings, the Judge will determine the cost of the bond.  The important point is that these three key decisions--dangerousness, flight-risk, and cost of bond--are all entirely within the Immigration Judge's discretion to determine as he or she sees fit.

#3 Asylum:  If you are applying for asylum in Immigration Court, you must convince an Immigration Judge that you have suffered past persecution or have a well-founded fear of returning to your home country. To prove your claim, you may testify and present evidence.  An Immigration Judge has the discretion to decide whether you are telling the truth and whether your case deserves to be approved or denied.

If you lose in Immigration Court because the Immigration Judge makes a discretionary decision that you dislike or disagree with, you do have the right to appeal to the Board of Immigration Appeals.  But no matter how much you disagree with the outcome of your case, it is extremely difficult to successfully challenge an Immigration Judge's discretionary decision.  Appealing the denial of your bond is particularly difficult because you will be in jail while the appeal is pending.  The likely result of your appeal could merely prolong your time in jail.

In short, winning or losing in Immigration Court usually boils down to an Immigration Judge's discretionary decision. And my job as a deportation defense attorney is to persuade the Immigration Judge to make a discretionary decision in your favor.

If you have questions about Boston Immigration Court, bonds, hearing, trial strategy or other issues; or if you need an attorney to represent you, please call me in my Boston office at (617) 722-0005 to schedule an immigration consultation.




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June 23, 2009

Cubans No Longer Get Green Cards in Immigration Court

A recent decision by the Board of Immigration Appeals changes the immigration process for Cubans seeking permanent residency in the United States. Pursuant to the Cuban Refugee Adjustment Act of 1966, Cuban nationals who appear at U.S. border posts seeking admission are generally paroled into the United States as "Cuban asylees." After entry into the U.S., Cubans can immediately apply for work permits. Then, one year after living in the U.S., Cuban nationals can file I-485 applications to adjust their status to obtain their green cards.

Although Cubans who are paroled into the U.S. have a clear path to permanent residency (getting a green card), they are placed into the deportation proceedings and, therefore, must appear before an Immigration Judge in Immigration Court.

Until recently, Immigration Judges had jurisdiction over adjustment of status applications (I-485 or green card applications) filed by Cubans, and Cubans would apply for their green cards through Immigration Court and before an Immigration Judge. The Court then could grant their green card and simultaneously take them out of removal proceedings.

But now, according to the Board of immigration Appeals in Matter of Martinez-Montalvo, 24 I&N Dec. 778 (BIA 2009), Immigration Judges have no jurisdiction over adjustment of status applications (I-485 or green card applications) filed by Cubans who have been paroled into the U.S. under the Cuban Refugee Act. Instead, to obtain green cards, Cuban parolees must file their I-485 with U.S. Citizenship and Immigration Services ("USCIS").

This Board of Immigration Appeals decision puts Cuban parolees in an odd situation: they must appear in Immigration Court, yet Immigration Court has no jurisdiction over the adjustment of status applications that they are eligible to file. If you are a Cuban national who is in removal proceedings, your most likely option is that your lawyer will ask the Immigration Judge to continue your case until USCIS adjudicates your I-485. The problem is that it could easily take two years for USCIS to make a decision on the I-485!

To me, this new scenario for Cuban asylees makes no sense. It clogs the docket and wastes the Immigration Court's limited resources. 

If you have questions about the deportation process, Cuban adjustment, other immigration issues, or if you are seeking an attorney to represent you in Boston Immigration Court, call my Boston office at (617) 722-0005 to set up an immigration consultation.

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April 17, 2009

Stopping deportation in Massachusetts just got more expensive

Boston area residents with final orders of deportation may request a stay of removal with U.S. Customs and Immigration Enforcement (ICE) by filing Form I-246 at its Burlington, Massachusetts immigration office.  In the past, there had been no filing fee for this immigration application.  But, apparently, the free ride is over.  Effective immediately, a filing fee of $155 must be paid with Form I-246 in cash, money order or cashier's check (no personal checks).

To learn more about whether a stay of deportation may be appropriate for your immigration case, please call our Boston office at (617) 722-0005 and speak with one of our immigration attorneys.  If you have appeared in Immigration Court and an Immigration Judge has ordered your deportation or removal from the United States, we are ready to help you by filing an appeal to the Board of Immigration Appeals, or possibly a stay of removal.
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April 2, 2009

Obama's Aunt in Boston Immigration Court

As a lawyer specializing in deportation defense who frequently appears in Boston Immigration Court, I find it fascinating that a close family member of the President appeared yesterday in our court before our own Immigration Judge Shapiro.  Zeituni Onyango, the Kenyan aunt of President Obama, is in deportation proceedings in Boston as everyone on the populated Earth knows by now.

Of course, asylum applications are confidential.  I certainly have no direct knowledge about this case.  But my experience as a deportation lawyer in Boston tells me that Ms. Onyango's immigration case has been widely reported in a way that is quite misleading.  The headline of the Boston Globe, for instance, claims that the Immigration Judge allowed Ms. Onyango to stay in the U.S. until February 2010.  What is misleading about this headline is that it falsely suggests that the Immigration Judge made a discretionary decision in favor of Ms. Onyango.  This is not at all what happened at the hearing yesterday.

Allow me to explain.  But first, some background:  In 2004, according to press reports, Ms. Onyango applied for asylum and the Immigration Court in Boston denied her application.  As a result, she received an order of removal.  The Immigration and Nationality Act allows applicants to reopen removal proceedings where the applicant can present evidence of changed circumstances that could not have been presented at the prior hearing. My guess is that the immigration lawyer defending Ms. Onyango filed a motion to reopen and argued that the conditions in Kenya have changed in a way that would affect the merits of her claim.  A second and obvious argument as to changed circumstances is that Ms. Onyango would likely be a target if she were returned to Kenya because she is now well known as the aunt of the President of the United States. 

After Ms. Onyango filed her motion to reopen her order of removal, the Immigration Court in Boston had to make a discretionary decision as to whether to grant or deny the motion to reopen.  It is clear that the Court granted her motion to reopen because if it hadn't, she wouldn't have had to appear in Immigration Court.

What actually happened in Boston Immigration Court yesterdays is that, most likely, Ms. Onyango appeared at what is called a master calendar hearing.  A master calendar hearing is usually a brief, administrative hearing in which the Immigration Judge sets up the issues in contention and, typically, schedules a merits hearing at which these issues can be addressed.

So when the Boston Globe announced that Immigration Judge Shapiro allowed Ms. Onyango to remain in the U.S. until February 2010, what really happened is that she just showed up for a routine master calendar hearing and the Immigration Judge scheduled her to return for a merits hearing.  That's it.  The Immigration Judge didn't grant her a reprieve or approve her application for asylum.  This result gives us little indication about her prospects for success in immigration court.  It does tell us that the docket of Boston's Immigration Court is so full that asylum applicants need to wait almost 12 months to have their cases heard--even if your nephew is the President!



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March 30, 2009

Boston Immigration Court Schedule

As an immigration lawyer In Boston focusing on deportation defense, I know that each our Immigration Judges has a particular reputation and perspective.  The Immigration Judge to which your deportation case is assigned will have a great bearing on how your case is handled as well as the ultimate outcome. Immigration Court in Boston currently has the following six Immigration Judges:

Matthew J. D'Angelo
Leonard I. Shapiro
Paul M. Gagnon
Robin E. Feder
Eliza C. Klein
Francis L. Cramer

Boston Immigration Court - Schedule of Non-Detained Master Calendar Hearings:  To figure out which Boston Immigration Judge will be handling your deportation case, (assuming you a not detained) use the following schedule for master calendar hearings (FYI:  your first appearance is called a master calendar hearings):

Matthew J. D'Angelo - Wednesday morning
Leonard I. Shapiro - Wednesday afternoon
Paul M. Gagnon - Tuesday morning
Robin E. Feder - Tuesday morning
Eliza C. Klein - Thursday morning
Francis L. Cramer - Tuesday afternoon

Boston Immigration Court - Schedule of Detained Master Calendar Hearings:  For deportation cases in which the foreign national is detained by the Department of Homeland Security or U.S. Customs and Immigration Enforcement, the following is the schedule of master calendar hearings or bond hearings in Boston Immigration Court:

Matthew J. D'Angelo - Tuesday afternoon
Leonard I. Shapiro - Thursday morning
Paul M. Gagnon - Wednesday morning
Robin E. Feder - Monday morning
Eliza C. Klein - Monday afternoon
Francis L. Cramer - Wednesday afternoon
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March 26, 2009

Boston Immigration Court News: our new Immigration Judge--Brenda O'Malley

This evening I attended a meeting of the New England Chapter of the American Immigration Lawyers Association (AILA).  Robert Halpin, the Court's Administrator, announced that Boston's new Immigration Judge, Brenda O'Malley, will be taking the bench and hearing deportation cases starting May 18, 2009 after training in Immigration Court in Boston, MA and Hartford, CT.  Judge O'Malley has built a distinguished career having served previously with, among other places, the Office of Immigration Litigation, the Executive Office of Immigration Review (EOIR) Office of Chief Immigration Judge.  Apparently, she even worked at one point as a law clerk with Boston's Immigration Court!

Boston immigration lawyers with backlogged deportation cases are thrilled that we will soon have a new, 7th Immigration Judge to relieve the Immigration Court's busy docket.
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March 25, 2009

Boston Deportation Lawyer: Welcome to new home of Boston ICE Detention and Removal in Burlington, Massachusetts

Boston deportation or a removal hearing in Immigration Court often begins with a visit from U.S. Customs and Immigration Enforcement (ICE). For the unfamiliar, these are the guys that deport people.  The immigration raid in New Bedford, Massachusetts was a fine example of the handiwork of ICE. If you are a green card holder but have a criminal conviction, you may have to contend with ICE. Overstayed your student (F1) or visitor visa (B1/B2)? ICE is the immigration agency you should fear.

In late 2007, U.S. Customs and Immigration Enforcement moved its Office of Detention and Removal (DRO) from the 17th Floor of the JFK Federal Building in Boston, MA to a new facility in Burlington, Massachusetts.  Their new address is:

U.S. Immigration and Customs Enforcement (ICE)
Office of Detention and Removal Operations (DRO)
10 New England Executive Park
Burlington, Massachusetts 01803
Phone number: 781-359-7500

If a friend or family member gets arrested in Massachusetts and taken into the custody of the Department of Homeland Security, ICE agents will most like transfer them to the immigration office in Burlington, MA for processing before being moved to an immigration detention center. Immigration bonds are now posted at the ICE Detention and Removal in Burlington, MA and not the JFK Federal Building in Boston.

Recently, with the New England Chapter of the American Immigration Lawyer Association (AILA), I toured the new ICE Detention and Removal facility in Burlington. Since my job as an immigration and deportation defense lawyer in Massachusetts is to defend immigrants who ICE has arrested, I was particularly interested to see the ICE office in Burlington first-hand.

My overall impression--ICE means business! For someone like me who fights to protect people from deportation, it was intimidating to realize that so many critical resources have been devoted to ICE's new deportation facility. Its Burlington Massachusetts deportation office is tricked-out with latest state-of-the-art electronics and a "War Room" with 100 cubicles--all filled with immigration officers hard at work figuring out how to arrest and deport people. In terms of detention, ICE's Burlington office has 4 cells, each holding about 25 immigration detainees.

Unless the Obama Administration shifts focus, I fully expect the surge in deportation cases through Massachusetts and New England to continue in 2009 and beyond.

On our tour, the ICE officers were generous hosts. I was impressed by their professionalism. We had an opportunity to meet with Bruce Chadbourne, the Director of ICE Field Office with supervisory responsibilties over Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Director Chadbourne met with us immigration lawyers and informally answered our questions at great length. I came away convinced that the ICE Burlington, MA office is committed to working cooperatively with the Massachusetts immigration attorneys to resolve any issues.
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March 23, 2009

Your biggest immigration mistake--marriage fraud

Many people in Boston and throughout Massachusetts mistakenly believe that marriage to someone with U.S. citizenship is a relatively easy and fast way of obtaining permanent residency or green card status and other immigration benefits.  Stop by City Hall in Boston, pick up your marriage certificate and you are automatically entitled to a green card.  And it is believed that once you get married, a work permit will arrive soon after you put your immigration petition in the mail.

Despite this persistent fantasy, a green card through marriage often proves to be difficult path.  For starters, it can be extraordinarily hard to convince U.S. Citizenship and Immigration Services (USCIS) at the Boston District Office that your marriage is truly based on a real and bona fide relationship.  The immigration authorities will be expecting you to produce extensive documentary evidence that you and your spouse have a shared life that involves love and companionship and that your relationship is not just a sham to obtain permanent residency.  At a bare minimum, you can be sure that USCIS will scrutinize all Massachusetts public records to confirm that you and your spouse truly live together in marital union.

Once you get to an immigration interview at USCIS Boston District Office, you may encounter what is called a Stokes interview.  If this occurs, an immigration officer will interrogate you and your spouse separately with an identical set of probing, personal questions.  In this game, there are no wrong answers.  But if the answers that you and your spouse provide don't match, your immigration case will be denied.

Every so often, I'll have an initial immigration consultation in my office in Boston where the potential clients tell me, quite frankly, that their marriage is bogus and then try to enlist my help as an immigration lawyer with the marriage-based green card process.  This would be a kin to a criminal lawyer advising someone how to rob a bank!  Furthermore, aside from the obvious ethical considerations, an immigration petition based on a fake marriage is very unlikely to be approved by USCIS.  The reality is that I have enough difficulty getting USCIS to approve petitions based on marriages that are truly genuine.

Anyone thinking of trying to get a green card based on a fake marriage would do well to remember a line from Mickey Rourke's character in the film Body Heat, which I once heard paraphrased by a Boston Immigration Judge:  "when you commit a major crime, you got fifty ways you can screw up, and if you can think of 25 of them you're a genius, and, counselor, you ain't no genius."  No matter how smart you think you are, USCIS is smarter.  If you can come up with 15 ways to prove that your sham marriage is genuine, USCIS will probably be looking at dozens of other pieces of information, any one of which will blow your cover.

The likely result is that you'll get caught and your immigration application will be denied.  But a denial is not your only risk.  Marriage fraud is a specific ground for deportation.   It gets worse:  under the Immigration and Nationality Act, a fraudulent marriage finding may bar the approval of a subsequent immigrant visa petition.  To understand why this penalty is particularly harsh, let's imagine, for instance, that after the petition based on fraud is denied, the would-be immigrant gets divorced and remarried to another U.S. citizen.  This second marriage is a real marital relationship.  This couple continues to live together for 10 years in utter marital bliss and have 5 beautiful U.S. citizen children together.  In this scenario, the marriage fraud penalty would generally stop this person from ever obtaining a green card.  Immigration waivers for marriage fraud are extremely limited.

And it could be worse!  U.S. Immigration and Customs Enforcement (ICE) agents investigate marriage fraud and prosecute U.S. citizens and foreign nationals for criminal violations.  Severe penalties for marriage fraud include sentences of up to 5 years in federal prison and a $250,000 fine.

In short, when it comes to marriage fraud and a green card, the risk of getting caught is high and the punishment severe.  It's blatantly illegal.  And it's unethical.   For these and other reasons, my best advice as an immigration attorney is to steer clear of marriage fraud.
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February 14, 2009

Boston Immigration Court - Outlook for 2009

As a deportation attorney in Boston, I frequently appear in Immigration Court  Currently, I serve as a liaison to the Boston's Immigration Court, Executive Office of Immigration Review (EOIR), on behalf of the New England Chapter of the American Immigration Lawyers Association (AILA).

Looking into my crystal ball, here are some positive changes that I personally predict are coming to Boston's Immigration Court in 2009:

Boston gets a new Immigration Judge:  It is anticipated that in 2009 Boston will have a new immigration judge.  I will post more news on our new IJ as soon as her appointment is made official.

Boston will get a new Immigration Court rooms
:  The space on the 3rd floor of the JFK Federal building, formerly occupied by U.S. Immigration and Customs Enforcement (ICE), is being renovated as an additional Immigration Court room.  An extra court room and a seventh Immigration Judge should help ease the Immigration Court's crushing docket of immigration cases.

Immigration Court in Boston goes high-tech
:  Boston deportation hearings in Immigration Court will be digitally recorded starting in 2009.  This shift to digital recordings should make it easier for me as deportation defense attorney to obtain and review Immigration Court hearings.

As immigration agencies such as USCIS and ICE consider moves out of Boston, it's nice to see expansion plans for EOIR within the existing office at the JFK Federal Building.  And these significant improvement should improve the functioning of the Immigration Court in Boston. 

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January 25, 2009

Tips on how to post an immigration bond in Boston, Massachusetts

Congratulations! An Immigration Judge in Boston just ordered the release of your friend or loved one with an immigration bond. He or she will be released from the custody of Immigration and Customs Enforcement soon after you post your immigration bond. As an attorney specializing in deportation defense, I routinely represent detained immigrants in Immigration Court in Boston. I can offer you the following suggestions to help make the process of posting an immigration bond a more hassle-free experience.

1. Call the immigration bond officer first at (781) 359-7670.

Before you drive to the immigration office in Burlington, Massachusetts to post your immigration bond, I strongly suggest that you call and speak to the immigration bond officer in charge of your friend or loved one. 781-359-7670 is a phone number that Immigration and Customs Enforcement has dedicated exclusively to immigration bond inquiries. All other immigration questions should be directed to the main phone number at 781-359-7500. By calling in advance, you're putting the immigration bond officer on notice that you plan to post the bond. This extra step will give the immigration officer time to locate the file of the person detained and to do other preliminary work. As a result, the immigration bond will be confirmed faster and your friend or loved one will be released with less delay.

2. Who can post an immigration bond?

An immigration bond can only be posted by someone with U.S. citizenship, legal permanent resident (green card) status or other valid US immigration status.

3. What information do I need to post an immigration bond?

You will need the A number (alien registration number) of your friend or loved one and the address where he or she will live after being released from custody.

4. Where do you post an immigration bond in the Boston, Massachusetts area?

U.S. Immigration and Customs Enforcement (ICE)
Office of Detention and Removal Operations (DRO)
10 New England Executive Park
Burlington, Massachusetts 01803
Main number: 781-359-7500
Immigration Bond Inquiries: 781-359-7670

5. When can I post an immigration bond in the Boston?

Monday - Friday from 9:00 AM to 2:45 PM (EST). I recommend that you arrive early in the day.

6. What form of payment are accepted for posting an immigration bond?

Immigration bonds must be posted using a bank check or money order made payable to Immigration and Customs Enforcement. Do not abbreviate or use acronyms. Immigration and Customs Enforcement must be spelled out in full in your check or money order or your payment will not be accepted. You cannot pay an immigration bond using cash or a personal check.

7. What forms of ID are required for posting an immigration bond?

In order to post an immigration bond, you will need a driver's license, passport, or other government-issued photo ID. You will also need to bring your original Social Security Card or Social Security Form SSA-2458. If you are a US citizen, bring your original certificate of naturalization or US passport. If not, you must bring your alien resident card (green card) or valid, unexpired work permit (EAD card, Employment Authorization Document).
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