Category Archives: Deportation

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. READ MORE

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. READ MORE

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. READ MORE

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. READ MORE

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: READ MORE

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. READ MORE

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). READ MORE

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. READ MORE

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): READ MORE

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. READ MORE

Goldstein Immigration Lawyers

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Goldstein Immigration Lawyers 6 Beacon st. #220 BOSTON Boston MA 02108 (617) 415-4553