Massachusetts Immigration Lawyer Blog

Boston Deportation Lawyer

Immigration and deportation defense lawyers now have a way to find the location of persons detained by U.S. Immigration and Customs Enforcement by using ICE's new online detention locator system.  If this online tool actually works as intended, this is an extremely useful development, which is long overdue. 

Until now, the location of a ICE immigration detainee was a mystery to everyone--even immigration lawyers.  After being arrested and detained by U.S. Immigration and Customs Enforcement or ICE Office of Detention and Removal, the detained immigrant would be placed into a jail, the location of which remained unknown.  Tracking down a detained immigrant involved guesswork and intuition.  The only way I knew to find someone detained by ICE was simply by calling around to the records departments for South Bay (Suffolk County House of Correction), Bristol, Plymouth and the other immigration detention facilities in the Boston area.  So let's hope and pray that this online system works as planned.

Meanwhile, if you have a friend or family member who has been arrested by Immigration, please contact me.  I'd been happy to help you win their release on an immigration bond and to come up with a strategy to help them solve their immigration problem.

Boston Immigration Lawyer News

Immigration Judge Francis L. Cramer has announced his retirement from Boston Immigration Court.  As an immigration lawyer who appeared frequently before Immigration Judge Cramer, I can say that he will be sorely missed.  He had a reputation for deciding deportation cases fairly and impartially.  And he always treated the immigration lawyers and parties with great respect, at times, a lighthearted humor.  His departure leaves a vacancy in the Boston Immigration Court bench that will be hard to fill.

As an Boston immigration lawyer and expert on the marriage-based green card process, I was quoted in today's Boston Globe article discussing marriage fraud and earlier in a Boston Herald article.  I also appeared on The Boston Channel, WCVB Channel 5 news discussing deportation and sham marriages.  You can watch the news video here.  And you can read my blog on marriage fraud and green cards here.

The Boston Globe article looks at the immigration problems of 3 Pakistanis whom the Department of Homeland Security has detained in connection with the Times Square bombing.  According to media reports, they are facing the prospect of deportation or removal from the United States and are appearing in Boston Immigration Court before Immigration Judge Robin Feder.  Each are married to U.S. citizens.  But attorneys from Immigration and Customs Enforcement allege that the marriages are fraudulent. 

Can you avoid deportation by marrying a U.S. citizen?  The answer is yes . . . and no.  Let me explain.

First, if you get married after the government has initiated deportation proceedings, you will have to overcome the presumption that your marriage is sham and that the only reason you got married was to avoid being deported.  Before you can even apply for your green card, you'll have to prove by "clear and convincing" evidence that your relationship was entered into in good faith.

Many people get green cards through marriage.  But the process for getting a green card through marriage while facing deportation is totally different.  You'll have to file a stand-only I-130 visa petition and specifically request, IN WRITING, an exemption based on a good-faith marriage.  And you can file your I-485 if, and only if, U.S. Citizenship and Immigration Services (USCIS) approves your I-130. 

Finally, even if USCIS grants your I-130, you are not out of the woods.  You'll have to have an adjustment of status interview before an Immigration Judge who will independently review whether your relationship is a sham.  This hearing will be adversarial and the Department of Homeland Security is represented by experienced trial attorneys who will rip you to shreds on cross-examination if your marriage is sham.

USCIS doesn't take marriage fraud lightly.  If caught, you'll be barred from future visa petitions and face criminal fines of up to $250,000 and five years imprisonment.

Bottom-line:  if you are required to appear in Immigration Court and considering marriage as a way to avoid deportation, you should consult with an immigration lawyer with considerable experience in courtroom advocacy.  Call me at 617-722-0005 to discuss your immigration case.

Deportation Defense Tips for Boston Immigration Court

As a deportation defense lawyer who frequently appears in Immigration Court in Boston, here are some tips that should improve your experience at your immigration hearing:

1. Attend all hearing in Immigration Court (and all other courts). If you don't go to Immigration Court for your hearing, the Immigration Judge will give you an order of removal or deportation "in absentia" and a warrant will be issued for your arrest.
   
   
2. Arrive one hour before the time of your scheduled hearing. In Boston Immigration Court, for all master calendar hearings, a sign-in sheet is placed in the waiting room. I tell my immigration clients to arrive and sign in one hour before the scheduled time of the hearing. The sooner you sign in, the sooner your immigration case will be heard by the Immigration Judge. Plus, showing up early helps ensure that you will be in Immigration Court on time. Be careful: if you are late for your immigration hearing, you could be given an order of removal or deportation.
   
   
3. Dress appropriately. Boston Immigration Court is a serious place and you want to show the Immigration Judge and the Trial Attorney that you take the proceedings seriously. Don't wear a hat inside the courtroom. Take off your jacket. Wear what you would wear to a job interview or to a wedding. Inappropriate attire includes t-shirts with questionable slogans, spandex, stiletto heels, mini skirts, do-rags, shorts--you get the idea.
   
   
4. Be respectful to the Immigration Judge and to the Trial Attorney.  Maintain a calm, polite demeanor in Immigration Court--even if things don't go your way.  Think of it this way:  deportation is bad but deportation plus being arrested and held in contempt of court is worse.
   
   
5. Do NOT bring small children to Boston Immigration Court in the hopes that it will make the Immigration Judge more sympathetic to your immigration case. Keep in mind that hearings in Immigration Court take a long time and often require lots of waiting around. Combine the boredom of waiting with the stress of the immigration hearing and you have a not-so-great environment for young children.
   
   
6. Make sure the Immigration Court has your correct address on file If you change your address, notify the Immigration Judge immediately by filing Form EOIR-33 with the appropriate proof of service.
   
   
7. Turn off your cellphone in Boston Immigration Court. Off means completely off. Don't send text messages or put your cellphone on the vibrate or silent mode.
   
   
8. If you case is based on a pending I-130 immigrant petition based on marriage to a U.S. citizen, make sure that your U.S. citizen spouse comes with you to Immigration Court for all of your master calendar hearings.
   
   
9. Do not bring a non-lawyer to Immigration Court to speak on your behalf.  In Immigration Court in Boston at master calendar hearings, I sometimes see people attempt to have their U.S. citizen spouse or family member speak on their behalf.  The Immigration Judge will not permit this.  Only lawyers licensed to practice law in the United States are authorized to appear in Immigration Court as your representative.
   
   
10. Hire the best immigration attorney you can find. In Boston Immigration Court, the Department of Homeland Security will be seeking to deport you from the US. This immigration agency will be represented by lawyers who handle countless deportation cases each week. Unlike criminal proceedings, federal immigration laws don't provide you with the right to a free lawyer. But you do have the right to be represented at your own expense by the lawyer of your choosing. In Immigration Court, you are not required to be represented by an attorney. But, in my experience, I have rarely seen anyone successful represent himself or herself in Immigration Court. You need a lawyer with substantial experience in complicated immigration issues and deportation proceedings, preferably an attorney who practices immigration law exclusively. Meet with an immigration lawyer well before your hearing to come up with a strategy to protect you from deportation.

If you have questions about Immigration Court, please call my Boston immigration law firm at 617-722-0005.  We are ready to help you come up with a strategy to help protect you from deportation.

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.

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.

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!

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

With my experience as a Boston immigration lawyer, I know that 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.

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. 

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).