What now for deferred action? After the Supreme Court decision on DAPA and expanded DACA in Texas v. US.

What now for deferred action?  After the Supreme Court decision on DAPA and expanded DACA in Texas v. US. “The judgement is affirmed by an equally divided court.”  With one sentence, the Supreme Court refused to engage in the question of the President’s authority to extend deferred action to the parents of U.S. citizens (DAPA) and additional young people who entered the U.S. as children (expanded DACA).  By affirming the judgement, the Court let the injunction against DAPA and expanded DACA stand, dashing the hopes of millions that there would be the ability to work legally in the U.S.

ICE’s New Facility for Trans Detainees Promises More of the Same Abuse

ICE's New Facility for Trans Detainees Promises More of the Same Abuse Even as the Obama administration takes steps to protect transgender children in schools and provide access to health care for trans people, the President’s illiberal approach to immigration continues to affect trans women in predictable and violent ways.  As accolades were heaped on the administration from transgender advocates, the administration announced the creation of a new detention facility designed to hold trans detainees in Alvarado, Texas.  Immigration & Customs Enforcement (ICE) announced a 36 bed enclave in the 700 bed facility that will be dedicated to trans detainees and will, in the words of ICE, operate along the most advanced lines of transgender care. 

The DAPA and Expanded DACA Case Before the Supreme Court May Be Affected by Justice Scalia’s Passing

The DAPA and Expanded DACA Case Before the Supreme Court May Be Affected by Justice Scalia's Passing Justice Scalia The death of Supreme Court Justice Antonin Scalia has created turmoil in Washington DC and on the Presidential campaign trail.  Republicans are uniformly calling on the President to refrain from nominating anyone to fill the vacancy due to the upcoming Presidential election.  Within hours of the news of the Justice’s death, Senator Mitch McConnell, the Senate Majority Leader and the man who controls the Senate’s agenda, stated that the “vacancy should not be filled until we have a new President.”  The President has stated that he intends to nominate someone to fill the vacancy, setting up a battle with Senate Republicans over whether the nominee will ever get a hearing or approved by the Senate.

Client of the Month January 2016- Monique Kagayigayi

Client of the Month January 2016- Monique Kagayigayi Our Client of the Month for January 2016 is Monique Kagayigayi. A survivor of the Rwandan genocide whose asylum claim was granted in 2004, Monique just received her green card after more than 10 years of waiting. This is the story of a remarkable woman and the legal efforts that were required to secure her status in the United States. On April 6, 1994, Rwanda’s then-president’s plane was shot down, sparking more than three months of terror and killing throughout Rwanda that today seems unthinkable.

On Being an Immigration Lawyer in Washington DC

On Being an Immigration Lawyer in Washington DC   We get a lot of questions about what it is like to be an immigration lawyer in Washington DC.  After all, immigration is a federal matter and Congress and the executive branch are just blocks from our office.  In addition to the White House and Capitol Hill, there are the headquarters of the Citizenship & Immigration Service, Immigration & Customs Enforcement, Customs & Border Protection, and the Executive Office for Immigration Review.

Executive Action Update: FAQ on the Fifth (5th) Circuit Ruling on the DAPA & DACA Injunction

Executive Action Update: FAQ on the Fifth (5th) Circuit Ruling on the DAPA & DACA Injunction What just happened in the 5th Circuit? The U.S. Court of Appeals formally upheld Judge Hanen’s injunction prohibiting the administration for implementing DAPA & DACA.  The injunction prohibited the administration from implementing DAPA and expanded DACA until the litigation brought by Texas and twenty six other states was resolved.  Injunctions are sought to preserve the status quo while the legality or proposed actions is resolved.  Judge Hanen ruled that Texas presented evidence of the possible injury if DAPA or DACA went forward and that Texas was likely to succeed in challenging DAPA and expanded DACA. 

Bad Decision on Transgender Asylum Seeker Reversed by 9th Circuit

Bad Decision on Transgender Asylum Seeker Reversed by 9th Circuit In Avendano-Hernandez v. Lynch, the U.S. Court of Appeals for the 9th Circuit ruled today that the Board of Immigration Appeals (BIA) made an error of law in denying protection under the Convention Against Torture (CAT) to a transgender woman from Mexico who had been sexually assaulted and raped by members of the Mexican police and military.  Apparently, an immigration judge and the BIA got it so wrong that it took an appeal to the Court of Appeals (a step below the Supreme Court) to reach the right decision.

Under Pressure over Family Detention, the Administration Finally Agrees to Exercise a Little Humanity

Under Pressure over Family Detention, the Administration Finally Agrees to Exercise a Little Humanity Since last summer, when the Obama Administration hastily resurrected the concept of family detention to jail refugee women and children seeking asylum, thousands of women and children have languished in inhumane conditions, have been refused meaningful access to counsel and interpreters, have been hurled through bond proceedings with predetermined results, and have been sent directly and expeditiously back to the danger from which they fled – all in violation of U.S.

July 2015 Client of the Month- Franklin Crespo

July 2015 Client of the Month- Franklin Crespo The Crespo Family Franklin Crespo is our Client of the Month for June 2015.  BR attorney Dree Collopy has been representing Mr. Crespo and his family since 2009.  At that time, Mr. Crespo’s adjustment of status and extreme hardship waiver under section 212(h) of the Immigration and Nationality Act had been denied by the Immigration Judge, his appeal to the Board of Immigration Appeals had been dismissed, and Mr.

Naturalization victory after four years, three lawsuits and three USCIS interviews

Naturalization victory after four years, three lawsuits and three USCIS interviews   After a years-long battle, a client of ours was recently sworn in as a United States citizen after his naturalization victory.  Why is this significant? Because in 20 years of practicing immigration law, it’s difficult to recall the government being so fiercely opposed to naturalizing someone. Over a decade ago, our client – a U.S. lawful permanent resident – was engaged in serious criminal activity. In 2003, he was arrested and pled guilty in federal court to possession with intent to distribute 5 kilograms of cocaine and 1,000 kilograms of marijuana.