IMMIGRATION LAW PRACTICE: A Law Primer
The process, the law, and the business of defending aliens facing deportation and desiring to remain in the United States of America!
By Jeffrey J. Estrella, Esq. “El Abogado Estrella”[1]
Attorney At Law & Associate Attorney to Pannun Law Firm
“Remember, remember always, that all of us, and you and I especially, are descended from immigrants and revolutionists.”
President Franklin Delano Roosevelt
INTRODUCTION
Imagine being abused in your own country by those sworn to protect you. There is an epidemic where innocence is lost and solidarity is replaced by corruption. Many nations suffer from the unenviable degradation of individual basic human rights. Whether it is India or Pakistan or China… or various Latin American countries, there are problems facing the world when it comes to persecution, alienation, and torture. Sometimes you need a criminal defense attorney.
Immigration and Asylum Law in the United States of America
According to the U.S. DEP’T OF JUSTICE, EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, FY 2007 STATISTICAL YEAR BOOK G1 fig.9 (2008) available at http://www.usdoj.gov/eoir/statspub/fy07syb.pdf, many hundreds of thousands of individual immigrants seeking to come to this country and live permanently and free face deportation or removal without lawyers due to lack of funds to have a private lawyer. The law allows for a lawyer to represent the immigrant in immigration court but does so without government expense. This leaves many facing charges often unrepresented and alone without a working knowledge of the system that is prosecuting them. The famous case of Gideon v. Wainwright, 372 U.S. 335 (1963), paved the way for a government-funded appointed counsel system in criminal cases. To date, there is no such case ushering in a requirement for government-funded appointed counsel in civil cases or in immigration cases. Though there is a movement for a civil Gideon, there is currently no right to government-paid attorneys for immigrants in immigration court. The immigrant-respondent must pay for his or her own lawyer or seek pro bono counsel with the help of the court or a non-profit organization, or otherwise represent themselves.
Without adequate funds from someplace like friends or family, these hundreds of thousands of poor people face the possibility of removal from this country with serious consequences and conditions that are spelled out in the law like bars from entry for up to 10 or more years or even a lifetime ban from ever entering or receiving immigration benefits from the United States. Further, there are immigration consequences regarding immigrants who have criminal convictions in this country. The seriousness of these immigration consequences makes it exceedingly important that competent counsel properly advise them of their rights and obligations under the law.
Immigration law is a serious topic that is worthy of international and national as well as state and local attention. This law primer will discuss immigration law from the perspective of a lay person client or alien who is going through a typical immigration case in the courts. This will help the lay client become aware of his or her rights and obligations accordingly. The primer then shifts and discusses the law for the immigration practitioner. This section will help new practitioners gain a rudimentary working knowledge of immigration law and help experienced practitioners gain a refresher and quick reference guide that will be a helpful tool to show younger associates, paralegals, and staff as well as clients. This is meant to be an educational and informational piece and not legal advice.
I know the topic of immigration law appears a lot in the news lately and is somewhat controversial in political circles. Many criticize President Barak Obama regarding his executive action to help working families stay together in the United States. One federal judge in Texas issued an injunction against it. There is great controversy over wanting to keep families together. It is not just a political issue or even a legal issue but a human issue.
As an international immigration lawyer for a prominent firm in Queens, I deal with the delicate nuances and concrete issues surrounding immigrant rights and human rights on a daily basis. I am constantly seeing different scenarios involving the problems of police brutality, corruption, and torture that are occurring on a regular basis. There are massive campaigns of persecution and torture against the Sikh minority of India. There are gender and age biases against young women forced to undergo Female Genital Mutilation in African countries. There are problems with communism and falun gong worship in China. The list goes on. When the fundamental freedoms of individual liberties and rights to worship and believe are put to the test, then there must be a solution, a hope shining across the great pond like a beacon.
We live in the United States of America, a traditionally ambient symbol of goodness, hope, and generosity for all mankind. The United States Immigration and Nationality Act was enacted and subsequently amended to govern immigration and citizenship in the United States. This law and its voluminous set of regulations has helped potentially millions of individuals going back more than half a century and has been the forefront of the good fight to ensure that individual liberties and human rights are protected in this country and abroad.
Of the many forms of relief that a newcomer to this great land can apply for is the right to seek asylum in the United States of America. You have to successfully demonstrate your claim for asylum before an immigration officer (called affirmative asylum) or before an immigration judge (often called defensive asylum). With a grant of asylum comes the promise that any attempts to deport the person would be withheld and additionally the person would be protected under the United Nations Convention against Torture in addition to the immigration laws of the United States. There are strict requirements regarding the applicant’s burden of proof for Asylum. Therefore, when handling an asylum claim it is critical to seek the advice of an experienced and knowledgeable international immigration lawyer. For example, the law imposes a one-year time limit to apply for asylum from the date you entered the United States. If you miss this deadline, you must show extraordinary circumstances or material changed circumstances in your country of origin warrant granting an exception. This is very hard to do. Also, you must show that you have suffered persecution in the past, acts of torture or physical or mental degradation at the hands of your country’s government or someone acting on their behalf. This segues into the second step of showing the courts that the person has a well founded fear of future persecution if they are returned to their native country and also that internal relocation within the native country would not be safe or reasonable. Many cases for asylum are granted, many others are denied.
Denial usually means that an order of removal or deportation will be issued by an immigration judge and the tribunals and processes beyond that point. If the matter is denied before an immigration officer, it means referral of the person’s case to an immigration judge.
Everyone has the right to the constitutional principles of due process of law regardless of immigration status. Everyone has the right to want to live and breathe free even if it means being revolutionary.
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For the layperson alien finding him or herself in an immigration proceeding, the concept can be daunting and for an immigration lawyer, immigration law can be a challenging area to practice and also a fun one. The desire to help people achieve the American dreams to live in this country and breathe free has been one that dates back hundreds of years. Knowing the rules and practical concepts well can assist any practitioner, young or older, in helping represent their clients most zealously and within the bounds of the law. According to The immigration laws of the United States of America are enshrined in the Immigration and Nationality Act, 8 U.S.C. 101, et seq. (“INA”). This is the main law passed by Congress and amended many times since the mid-20th century. For purposes of this primer, the term “the alien” will be used to describe a general situation where one is facing deportation proceedings or removal proceedings and this person is known to the immigration lawyer or accredited representative as the client. Every situation is different and deserves careful analysis of the fact-specific situation by a trained, experienced, and knowledgeable lawyer who practices immigration law.
This law applies to everyone. There are Immigrants and Non-immigrants. Immigrants are those who seek to come to the United States to reside permanently. Non-immigrants are those who come to the United States for a temporary period of time to visit, study, work, or for some other purpose involving their careers. For example, there are special visas for many business categories like for entertainers and musicians as well as scientists and businessmen and religious workers and agricultural workers.
The Attorney General of the United States has the power to grant Visas and other immigration relief within his discretion. Those matters where an alien desires immigration relief but the Attorney General will not exercise discretion in are referred to the Executive Office for Immigration Review or Immigration Court. There, an Immigration Judge will decide whether the alien meets the criteria under the law to get the relief he or she desires. Ultimately, whatever relief is applied for, the desire for most remains the same, to stay in the United States of America permanently. The government gives out only a certain number of visas per year and often based on priority so it is important to consult with an experienced immigration attorney or accredited representative for proper advice.
BASIS FOR ASYLUM
Torture is a horrible thing. Torture is generally “[a]n act constitutes torture if it (1) inflicts severe pain and suffering, either physical or mental; (2) is inflicted by or at the instigation of a public official, and (3) is inflicted for a purpose such as obtaining information or a confession from the victim, punishing the victim, or intimidating the victim or a third person. See Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 1, adopted Dec. 10, 1984, G.A. Res. 46, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984) (entered into force June 26, 1987); Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 1, adopted Dec. 9, 1975, G.A. Res. 3452, 30 U.N. GAOR Supp. (No. 34) at 91, U.N. Doc. A/1034 (1975).”[2] AFFIDAVIT OF INTERNATIONAL LAW SCHOLARS, The following affidavit was submitted in Ortiz v. Gramajo, Civil Action No. 91-11612 WD (D. Mass,June 15, 1992), consolidated for decision sub nom. Xuncax v. Gramajo, 886 F. Supp. 162 (D. Mass. 1995). Section I, with descriptions the qualifications of each of the scholars, is omitted.
There are major problems with fake encounters and kidnappings or disappearances committed by police in other countries that is tantamount to a violation of international human rights and civil rights laws.
“An act constitutes disappearance if it involves “(1) an abduction by state officials or their agents, followed by (2) official refusals to acknowledge the abduction or to disclose the detainee’s fate.” Forti v. Suarez-Mason, 694 F. Supp. 707, 711 (N.D. Cal. 1988). See also G.A. Res. 173, 33 U.N. GAOR Supp. (No. 45) at 158, U.N.Doc. A/33/45 (1979) (noting “difficulties in obtaining reliable information from competent authorities as to the circumstances of [disappeared] persons, including reports of persistent refusal of such authorities or organizations to acknowledge that they hold such persons in their custody or otherwise to
account for them”); Draft Inter-American Convention on the Forced Disappearance of Persons, Inter-Am. C.H.R. 351-357, OEA/ser. L./V/II.74, doc. 10 rev. 1 (1988) (Article II defines “disappearance” as an “abduction or detention of any person by an agent of a State or by a person acting with the consent or acquiescence of a State,” coupled with official refusal to acknowledge the abduction); Annual Report of the Inter-American Commission on Human Rights, Inter-Am. C.H.R. 26,
OEA/ser. L/V/II.43, doc.21 (1977), (noting frequency of government denial of allegations of disappearance). See also Berman & Clark, State Terrorism: Disappearances, 13 Rutgers L.J. 531, 533 (1982) (“The denial of accountability is the factor which makes disappearance unique among human rights violations…”).” Id. This makes it possible for aliens to come to the United States of America and seek relief for Asylum, Withholding of Removal, and protection under the Convention against Torture or “CAT”. When the alien is initially apprehended he or she may be asked a series of questions by an immigration officer called a credible fear interview to determine if he or she has a reason to fear returning to his or her native country because of abuse or persecution by the government or those acting on their behalf on the grounds of a protected basis like race, religion, political opinion, nationality, or social group membership for example. The alien files USCIS form I-589 to request this form of relief.
ASYLUM LAW
Longstanding immigration law and case law states that Section 101 of the INA and 8 U.S.C. s.1158 (a) authorize a grant of Asylum to an alien who qualifies as a ‘refugee’ which is defined as any person who is outside any country of such person’s nationality, or in case of person having no nationality, is outside any country in which such person last habitually resided and who is unable or unwilling to return to and us unable or unwilling to avail himself of the protection of, that country because of persecution or a well-founded fear of persecution on the account of religion … or… political opinion. 8 U.S.C. s. 1101(a) (42) (A). (Emphasis added).
If the alien applicant was persecuted by the government or those acting on their behalf in his or her home country on account of his or membership and political opinion and religion then they qualify as having suffered past persecution. If they show past persecution, they are entitled to a presumption of having a well-founded fear of future persecution if he or she returns to the native country. Often times it all depends on how well prepared the applicant is to testify about his past persecution as credibility and sufficiency of evidence are everything if nothing at making the successful case for asylum.
Credibility of testimony during the merits hearing can lead to issues that are often subject to challenge on appeal. Whether or not the applicant alien is judged to meet his or her burden of proof for asylum under the law is a question that is up to the Immigration Judge or “IJ” hearing the case. The IJ can make an adverse or negative finding of credibility if he or she doesn’t believe the applicant or the applicant appears not credible because of demeanor or evasiveness or non-responsiveness in answering the questions or the perception thereof. The IJ must provide specific and cogent reasons for the denial of asylum based on these perceptions and individualized determinations of the applicant. Credible testimony alone can be enough to prove a case for asylum but sometimes corroboration is necessary. In 2005, the U.S. Congress passed a law called the REAL ID Act that changed the standard of proof somewhat for these cases and corroboration may be required but isn’t. This elevates the burden on the applicant in a number of ways regarding the legal standard of proof and applicability of corroborating evidence that one requires assistance from an experienced immigration attorney in handling.
The applicant may present corroborating evidence in the form of his or her own written declaration, sworn affidavits from people with knowledge of the facts, country condition reports from the U.S. State Department, and news articles of the atrocities that form the basis for the request for asylum.
The BIA’s interpretation of the INA and affirming of the IJ’s decision denying an applicant’s request for Asylum, Withholding of Removal, and protection under the Convention against Torture involve questions of fact and law. “[Q]uestions of law (reviewable de novo), questions of fact (reviewable for clear error)….” See Harman v. Apfel, 211 F.3d 1172, 1174 (9th Cir. 2000) (quotation marks and citation omitted). The Circuit Courts review factual findings, including adverse credibility determinations, for “substantial evidence.” Garcia v. Holder, 749 F.3d 785, 789 (9th Cir. 2014). Even for Pre-REAL ID Act cases the standard remains “substantial evidence”. Singh–Kaur v. INS, 183 F.3d 1147, 1149–50 (9th Cir.1999); INS v. Elias–Zacarias, 502 U.S. 478, 481 (1992). Generally, one has to demonstrate that the IJ’s negative credibility finding is not supported by substantial evidence and warrants reversal.
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The asylum case whether in front of an immigration officer at an asylum interview office or before an immigration judge in immigration court can be difficult for the applicant and having the right lawyer with you can make all the difference to advocate and to excel at presenting the best case forward.
It can be a daunting process but overall, it can be one that can prove rewarding with the right lawyer who can make the right arguments on the alien’s behalf.
“WORK PERMIT”
The alien can apply for employment authorization, more commonly called work permit. The alien can apply for lawful permanent residence status, more commonly called green card. The alien can apply for asylum, withholding of removal, and protection under Article 3 of the United Nations Convention against Torture (“CAT”).
The 180-Day Asylum EAD (“Employment Authorization Document” or “work permit” as some call it) clock applies as a tool of the court to measure the time period during which an asylum application has been pending with the U.S. Citizenship and Immigration Service asylum office filed with a respective service center and/or the Executive Office for Immigration Review or Immigration Court. There are service centers in California, Nebraska, Texas, and Vermont. The form I-765 is what is used to apply for work permit and can be filed after 150 days or roughly five months from the days from date of the asylum application filing. Then there is an additional 30 day waiting period before a work permit can issue. This is the 180 days that the law imposes as a waiting period. Any delays or adjournment requests made by the alien stop the clock and prevent him or her from getting their work permit sooner. The clock starts from when the asylum application is “lodged” at the immigration court window or when the completed application for asylum is filed before an immigration judge at a hearing. Lodging the application is not the same as filing and one must still file the application before the immigration judge at the hearing. The sooner the clock starts and the case moves forward without undue delay by the alien, the sooner he or she can get the work permit and begin working legally in the United States of America even though their deportation merits hearing is scheduled years ahead in advance.
For information on one’s immigration case or about the EAD clock status[3], one can obtain free information by calling a toll-free telephone number set up by the immigration department, the former Immigration and Naturalization Service or “INS” and now after the terrorist attacks of 9/11/01, the Department of Homeland Security or “DHS” and the Department of Justice or “DOJ” with the Executive Office for Immigration Review or “EOIR” or “Immigration Court” and the United States Citizenship and Immigration Services or “USCIS” or “CIS”. The toll-free telephone number is 1-800-898-7180. It is best to have the Alien Registration Number otherwise known as the “A” Number to get information and this number appears on all correspondence from the United States Department of Homeland Security or “DHS”. Having an attorney make the request for you along with the proper written requests for files and information from the court and the government is best. The form G-639 and “IJ letter FOIA” are made pursuant to the U.S. Freedom of Information Act or “FOIA” or “5 U.S.C. Section 552”[4].
CONSEQUENCES AND BENEFITS OF ASYLUM
Warnings against filing frivolous applications are warnings given by the courts to applicants and state that one will suffer a lifetime bar from any relief from the U.S. government if one is caught filing an application that is not in good faith. Attorneys are warned to advise their clients accordingly.
An alien must be up to date on his or her biometrics appointments or fingerprints and must renew them if stale.
An alien must provide all submissions of documentary evidence or witnesses when told to by the court or otherwise within 30 days of the merits hearing as per the practice manual.
Subsequent to getting an approved asylum or other Visa, the alien can adjust the alien’s status once the alien has an approved visa so the alien can become a green card holder or lawful permanent resident (“LPR”). Certain classes of aliens are ineligible for visas or admission under Section 212 of the INA without a waiver of inadmissibility.
If an alien is detained, he or she will have to post a bond to secure release pending a court date regarding their immigration case.
Sometimes an alien needs an affidavit of sponsorship from someone in the United States who will swear to support the alien.
REMOVAL PROCEEDINGS
The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”)[5] combined the old deportation and exclusion proceedings into one type of case called a removal proceeding.
Generally, when an alien is put in removal proceedings or deportation proceedings in Immigration Court or the U.S. Executive Office for Immigration Review (EOIR), the alien has a right to appear with an attorney but at the alien’s own expense. The alien has to get served with what is called a Notice to Appear, a document that charges the alien with violations of immigration laws. The alien will have a right to appear to contest the charges or admit the charges and concede removability. Failure to appear will mean an order of removal may be issued against the alien in absentia. Once the alien concedes removability, he or she can interpose any of the aforementioned forms of relief or other available relief such as prosecutorial discretion otherwise known as PD or cancellation of removal, the ten-year law. After what is called a Master Calendar hearing before an Immigration Judge (IJ), the case may be set for an Individual Calendar hearing or merits hearing to determine whether or not the alien can prove his or her case before the IJ.[6] The trial attorney (TA) for the Department of Homeland Security (DHS) will have a chance to cross examine the alien. The IJ can also ask questions of the alien. For example, in a case for asylum, the alien must show why he or she should be granted the relief of Asylum, Withholding of Removal, and protection under the United Nations Article 3 of the Convention against Torture that absolutely prohibits torture or returning an alien to a country where torture would take place.
If the alien proves his or her case before the IJ, he or she will have the relief requested and can later adjust his or her status by filing the proper form to become a Lawful Permanent Resident of the USA or a “Greencard” Holder.
In Immigration Court, it is very important to always update the court on your change of address by filling out the blue form in most courts. Also, any attorney or EOIR accredited representative appearing in court for the alien must fill out the customary notice of appearance form called E-28 or green form. There is a G-28 form for appearances before the USCIS (United States Citizenship and Immigration Service).
THE BOARD OF IMMIGRATION APPEALS (“BIA”)
The person whose case for asylum was denied by an immigration judge has the right to appeal the matter to the Board of Immigration Appeals or BIA in Falls Church, Virginia made up of 15 members to review the case. The person or their attorney files a notice of appeal and then complies with a briefing schedule to argue the merits of the case on paper citing law and facts to support the arguments. If the BIA remands or reverses the immigration judge, the case is sent back to the judge for new proceedings.
If the alien does not prove his or her case to the satisfaction of the IJ, then he or she will be given thirty (30) days to appeal to the BIA.[7] Form E-27 is filed as a notice of appearance by attorneys and accredited representatives for appearances on behalf of aliens before the Board of Immigration Appeals or “BIA”.
If the BIA upholds the decision of the IJ, the alien will have 30 days to appeal to the U.S. Circuit Court of Appeals for the circuit in which the case was originally tried.
When an appeal is filed with the Board of Immigration Appeals or “BIA”, the appellant respondent is asking a higher court to review the decision of the IJ and make a new decision or remand for further proceedings.
The BIA had jurisdiction over the Petitioner’s application for asylum, withholding of removal and protection against the Convention against Torture under sections 208 and 241(b) (3) of the Immigration and Nationality Act or “INA”.
If the BIA upholds the immigration judge’s decision, then the person has the right to petition for review to the United States Circuit Courts of Appeals.
APPEALS TO THE FEDERAL CIRCUIT COURTS AND BEYOND
When one appeals to the Circuit Courts of Appeals for the United States[8], the Petitioner is petitioning for review by this Court in the appropriate jurisdiction of the final order of removal entered by the IJ and upheld by the BIA.
The Circuit Courts have jurisdiction over the petition for review pursuant to Section 242 of the INA, 8 U.S.C. § 1252, as enacted by Section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA) and amended by Section 106 of the REAL ID Act, and 28 U.S.C. §1331.
Venue in the right Circuit Court jurisdiction is asserted pursuant to 8 U.S.C. Section 1252(b) (2), IIRIRA Section 309(c) (4) (D) depending on where the IJ completed proceedings to determine the jurisdiction of the judicial circuit.
The petition for review is timely filed pursuant to 8 U.S.C. 1252 (b) (1), IIRIRA Section 309 (c) (4) (C) if it is filed within 30 days of the final order of removal.
There are 11 numbered circuits, one federal circuit, and one circuit for the District of Columbia for a total of 13 circuit courts. New York is located within the 2nd Circuit. California is located within the 9th Circuit. I am admitted before both and have handled appeals before both courts. If the petition is granted, the case can be remanded back down to the BIA and immigration judge or reversed all together. If denied, the petitioning person can file for a writ of certiorari with the United States Supreme Court in Washington, D.C. The process up the ladder of the federal courts can be a long, time-consuming, and tedious ordeal for the alien but it is an essential one in making sure the fundamental rights of constitutional due process are upheld. At times it can appear revolutionary as arguments change and laws change with the passage of time.
CONCLUSION
Walking the path to avoid deportation and stay in this country, the United States of America, legally can be a long and arduous road that is best not traveled alone but with the right legal counsel to assist and advise as well as advocate effectively so it is best to make sure one asks the right questions and makes sure one has the best advocate with the knowledge, skill, ethics, and experience to seek to win at all costs.
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At Pannun Law Firm, we are a full service and person-focused law firm. We provide legal advice, services, and representation for a wide-range of clients on complex legal issues surrounding the nuances and complexities of international immigration law. We have represented our clients in Asylum, Withholding of Removal, and Convention against Torture petitions and appeals before the federal Circuit Courts throughout the country. We are dynamic in serving our communities nationwide and making a difference in enhancing the lives of individuals desiring to remain permanently in the United States of America. We provide sound resources and information to help further individual cases and appear in court with a zealous grit of determination to fight for our clients every step of the way. We go the extra mile to ensure caring and compassion for our clients. We are dedicated to fighting for our clients. We are fluent in Spanish and Punjabi/Hindi. Call us today!
About the author
Biography
Jeffrey J. Estrella, Esq. is an associate attorney with the Pannun Law Firm, 75-20 Astoria Boulevard, Suite 170, Jackson Heights, New York 11370 where he practices criminal defense and immigration law. He also actively participates in the firm’s personal injury law and family law practices. He has over six years of experience in litigation practice and over a decade of work experience in the legal profession. He is a licensed attorney at law in New York, New Jersey, Connecticut, and Michigan. He is also admitted before the United States Circuit Courts of Appeals for the Second Circuit and Ninth Circuit and the United States District Courts for the Southern District of New York, the Eastern District of New York, and the District of New Jersey. While in law school he has served as a legal intern for the Cooley Innocence Project, the only not-for-profit group of its kind in the State of Michigan dedicated to fighting for the constitutional and statutory rights of the indigent and wrongfully convicted seeking to prove their claims of actual innocence of the crime that they were convicted of by the testing of DNA evidence. He has extensive experience practicing criminal law before the state and federal courts. He is a former Special Assistant District Attorney with the Kings County District Attorney’s Office. He has also served as a Referee to Compute for Queens County Supreme Court. He currently focuses his practice on immigration and criminal law and is very knowledgeable regarding those laws. He is waiting to help solve your legal problem today. Having been born to immigrant parents from the Dominican Republic, he is fluent in Spanish. He is a native of Brooklyn, New York and currently resides there in the neighborhood of Canarsie with his wife, Yoselin Genao-Estrella. He obtained his Associates Degree in Applied Science from the City University of New York: Kingsborough Community College. He obtained his Bachelor of Arts Degree from the City University of New York: Brooklyn College. He has obtained his Certification in Paralegal Studies from the New York University: School of Continuing and Professional Studies, Paralegal Institute. He has obtained his Juris Doctorate Degree, cum laude, from the Thomas M. Cooley Law School in Lansing, Michigan. He has also obtained his Certification as a Mediator from Planning Change, Inc. He authored another law primer for the lay criminal defense client and criminal law practitioners called “How to get out of jail?” and he is also a freelance writer and novelist with his first and breakthrough novel entitled “The Time Stone” available on www.smashwords.com, www.lulu.com, www.createspace.com, and www.storyjumper.com.
Legal Disclaimer: This book is not legal advice and no attorney-client relationship is formed between the reader and Jeffrey J. Estrella, Esq. or Pannun Law Firm. This book offers only legal information that is subject to the ever changing reality that is the law. This book is no substitute for performing your own current and in depth legal research on your specific legal issue or consulting with a qualified, licensed, and experienced attorney in your jurisdiction. Every case is unique and everyone is different. Thank you for reading!
All rights reserved.
JEFFREY J. ESTRELLA, ESQ.
“EL ABOGADO ESTRELLA”
ATTORNEY AT LAW ADMITTED IN
NEW YORK, NEW JERSEY, CONNECTICUT,
AND MICHIGAN
PANNUN LAW FIRM
75-20 ASTORIA BOULEVARD, SUITE 170
JACKSON HEIGHTS, NY 11370
(718) 672-8000
FAX: (718) 672-4729
CELL: (347) 628-2391
[1] Licensed in New York, New Jersey, Connecticut, and Michigan, and admitted before the United States Circuit Courts of Appeals for the Second Circuit and Ninth Circuit and the United States District Courts for the Southern District of New York, the Eastern District of New York, and the District of New Jersey
[2] http://ccrjustice.org/files/Ortiz%20v.%20Gramajo%20-%20Affidavit%20of%20Int’l%20Law%20Scholars.pdf
[3] Operating Policy and Procedures Memorandum (OPPM) 13-02, The Asylum Clock, www.justice.gov/eoir
[4] The USC stands for United States Code which is the law of this country as passed by the U.S. Congress.
[5] Division C of Pub.L. 104–208, 110 Stat. 3009-546,
[6] The Immigration Practice Manual governs practice in the EOIR or Immigration Court. http://www.justice.gov/eoir/vll/OCIJPracManual/Practice_Manual_review.pdf
[7] The BIA Manual governs practice in the BIA. http://www.justice.gov/eoir/vll/qapracmanual/BIAPracticeManual.pdf
[8] The Circuit Courts of Appeals have their individual local rules and judge’s rules on their respective websites but are generally governed by the Federal Rules of Appellate Procedure (“FRAP”) http://www.uscourts.gov/uscourts/rules/appellate-procedure.pdf
