OC Immigration Attorney

For years, many illegal immigrants have used forged social security cards linking the immigrant’s name to a nine-digit social security number. In recent years, federal prosecutors have used the federal identity theft law to enhance the sentences against these illegal immigrants. The law adds two additional years to the immigrant’s sentence if he “knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person.”

The main issue before the Supreme Court was the interpretation of the word “knowingly.” The defendant’s attorney argued that the prosecution must show that the immigrant knew the social security number belonged to another person. The government attorney argued that the immigrant merely must knowingly use false information. This is important because all of the immigrants presumably knew the social security numbers were false, but it would be difficult to prove that the immigrants knew the social security numbers belonged to someone else.

Many of the justices expressed doubts as to whether the sentence enhancement was appropriate in this situation.

“There’s a basic problem here,” said Chief Justice Roberts. “You get an extra two years if it just so happens that the number you picked out of the air belonged to somebody else.”

The justices should reverse the defendant’s conviction in this case. The federal aggravated identity theft statute should be used to stop the most serious forms of identity theft in which individuals have their credit destroyed and their bank accounts emptied. The law was not intended to punish those who inadvertently use the social security number of another and cause little to no harm to the “victim.”

The defendant in this case was guilty of identity fraud at most, but not identity theft. Illegal employment in the US is a crime, but it should be distinguished from stealing a person’s identity and their life savings. Federal prosecutors should not be permitted to manipulate the federal identity theft law, and the punishment should fit the crime.

If you would like to discuss your immigration options and the possibility of acquiring a green card contact The Nunez Firm today.

Many of my clients, colleagues and friends ask me when I think immigration reform will occur, and for months now I have said 2009. Recently, President Obama has been saying something similar.

“What…[c]ontinues to be a priority for the country is comprehensive immigration reform that provides not only better security on the borders and more effective sanctions on employers but also provides a path to citizenship for those who have been living here and are committed to becoming US citizens…Let’s evaluate the laws that are working and the laws that are not working. Let’s take into account some of the strains that are being placed on families…” (Interview of the President by “El Pistolero”, Radio, February 12, 2009)

Yesterday, by phone with Los Angeles-based and nationally syndicated Eddie “Piolín” Sotelo, the President stressed that time is of the essence for immigration reform:

“…we’ve got to have comprehensive immigration reform…[We] need to get started working on it now. It’s going to take some time to move that forward, but I’m very committed to making it happen. And we’re going to be convening leadership on this issue so that we can start getting that legislation drawn up over the next several months.” (Interview of the President by Eddie “Piolín” Sotelo, Radio, February 17, 2009)

Immigration reform will happen in 2009 for several reasons. First, the Latino population in the United States supported President Obama and the Democrats in huge numbers in the November 2008 elections, and many promises were made to Latinos. Passing pro-immigrant reform laws could solidify the Latino population as devoted Democrats for years to come. Second, immigration reform that allows illegal immigrants a path to citizenship would act as a huge economic stimulus. The last time illegal immigrants were permitted to acquire their green cards, each applicant paid $1500-2000 in fees to the U.S. Government. Multiply those fees by 10-20 million illegal immigrants and you’ll have an idea of the type of revenue the government will collect. Third, the current system is not satisfying anyone regardless of how they feel about immigration. Some believe there is not a significant enforcement effort. Others believe illegal immigrants should be given the opportunity to obtain permanent residence in the United States. If negotiated correctly, comprehensive immigration reform would include compromises meant to satisfy both sides to some degree.

President Obama selected long time federal prosecutor, John Morton, to lead Immigration and Customs Enforcement (“ICE”). ICE is part of the Department of Homeland Security, and it is responsible for prosecuting immigration violations and handling deportation trials among other things. ICE investigates suspected immigration violations and makes arrests. ICE agents have received attention recently for the manner in which they conduct arrests, raids and searches.

Los Angeles Immigration Judge Ashley Tabaddor dismissed the deportation case against Gregorio Perez Cruz, which stemmed from a Van Nuys work site raid performed by Immigration and Customs Enforcement (“ICE”) agents. On February 7, 2009, armed ICE agents raided the Micro Solutions Enterprises factory in Van Nuys, California. ICE agents blocked the exits and arrested 138 employees. ICE detained Gregorio Perez Cruz for 18 hours without food and water, and Mr. Perez Cruz was forced to sleep on a concrete floor. 

Judge Tabaddor ruled that ICE failed to follow their own regulations and violated Mr. Perez Cruz’s rights when they failed to read Mr. Perez Cruz his rights and arrested him without reasonable suspicion that he was an illegal immigrant. ICE agents asked Mr. Perez Cruz several questions without informing him of his right to remain silent.

This decision may affect the cases of several others that were arrested during the same raid. As for Mr. Perez Cruz, he remains in a tenuous position. ICE is not permitted to continue their deportation case against him; however, he remains ineligible to obtain a green card.

ICE representative stated that they intend to appeal the decision to the Board of Immigration Appeals.

Drug turf wars have increased the violence all over Mexico, but Ciudad Juarez, which is right across the border from El Paso, has become the Country’s murder capital.  It is not uncommon for dead bodies to be found hanging from lampposts and street overpasses. Ciudad Juarez had over 1600 murders in 2008, and, so far this year, over 250 people have been murdered in Ciudad Juarez. Compare those figures to the US murder capital, Chicago, which had 508 murders in 2008.

What does this have to do with immigration?

The US Consulate is located in Ciudad Juarez, Mexico, and many Mexicans living in the United States who are eligible to receive a green card, must travel to Ciudad Juarez for a consular interview in order to obtain the green card. This trip is far from a one day excursion. Oftentimes, green card applicants must travel to Ciudad Juarez and wait several weeks or months while their visa application and waiver packets are reviewed by the consulate. While they wait, they cannot return to the US, or they risk being barred from immigrating for many years.

One of my clients traveled to Mexico with his US Citizen wife and US Citizen daughter in June 2008. He had an appointment scheduled at the consulate. He brought all of the necessary paperwork, forms and evidence to prove that he qualified for a green card. The US Consulate accepted his paperwork, but told him the consulate was experiencing delays, and he must wait. He did not receive the final approval for his green card until Mid-November. During that time, he waited in Ciudad Juarez by himself. His wife returned to the US with their daughter. They moved into the wife’s parents’ house, because they could not continue paying rent without the husband’s income. Now that he is back in the US, the family is trying to reestablish their former lives.

Something clearly must be done about Ciudad Juarez. The US Government must either let Mexicans obtain their green cards without leaving the US, or they must reduce the wait times so that Mexicans are not forced to live in one of the most dangerous cities in the world for months at a time. Many people opposed to “amnesty” provisions often argue that “there is a legal way to immigrate to the US, so wait in line with everyone else.” What they don’t realize is the “legal” way might involve risking your life while you wait in line in one of the most dangerous cities in the world.

A Costa Mesa Client originally from Mexico was granted Cancellation of Removal today in the Los Angeles Immigration Court. He had committed a few minor crimes in the past; however, the Immigration Judge believed he deserved a second chance.

My client committed three shoplifting offenses when he was in his early twenties. He has lived in the United States since he was 8 years old and he has been a lawful permanent resident for almost the same amount of time. Almost his entire family lives in the United States, and he would have no place to live if he were forced to return to Mexico. Ultimately, the Immigration Judge believed that the reasons for allowing him to stay in the United States outweighed the reasons supporting deportation, and my client was given a second chance.

If you are in removal proceedings for criminal history, The Nunez Firm can help you avoid deportation. If you have a long history of living in the United States and other ties to the US, you might be able to avoid deportation despite your criminal history. Call my office to schedule an appointment – 949-903-0088.

Many immigrants arrested by ICE (Immigration & Customs Enforcement) are detained and moved several times within the first weeks of their arrest. There is a shortage of beds and available space for detainees, which, according to ICE, is the reason for the transfers. However, many of the detainees’ families and attorneys are not notified of the transfers, and they are left to try to track down the detainees on their own.

I have had many clients transferred two, three, and sometimes four times from one facility to another without any notification to the family or me. Most ICE officers will not discuss a detainee’s location with an attorney, unless the detainee signs an authorization allowing ICE to discuss the issue; however, getting a signature from a detained client is impossible if the attorney does not know where the client is being detained.

While ICE is transferring the detainee and keeping him away from his family and attorney, they pressure the detainee to sign a voluntary departure agreement constantly. If the detainee signs the voluntary departure agreement, he is sent back to his home country, and cannot immigrate to the U.S. for many years. The entire scenario is traumatic for the detainee and the family. It is inhumane and it violates the detainee’s right to counsel.

I have had several detained clients living in Southern California transferred to Eloy, Arizona. This creates huge economic problems for the detainee and his family. The entire family must travel to Arizona for the court hearings. The family must either pay for the immigration attorney to travel to Arizona, or the family must hire a new attorney in Arizona and attempt to coordinate the case from afar.

Secretary of Homeland Security Janet Napolitano spoke to NPR’s Madeleine Brand about federal immigration policy changes, immigration reform, the border fence, human trafficking, and workplace raids. Read the transcript of the interview here.

Church groups of all religions across the nation are calling for humane and just immigration reform. The Interfaith Immigration Coalition is asking lawmakers to stop the rising trend of demonizing immigrants and separating families. Members of IIC and pro-immigrant groups hope that the new President will focus more on humane immigration policies as opposed to enforcement-only based immigration policies. Many criticized the uncompromising approach toward illegal immigrants over the past decade. “Taxpayers shouldn’t have to live in fear of being separated from their children,” said Rev. Owen K. Ross, the pastor of Christ’s Foundry of the United Methodist Church. Click here for more.

If you are in the United States and wish to discuss your immigration situation, call to schedule a free and confidential consultation.

Sheriff Joe Arpaio’s numerous publicity stunts have finally caught the attention of D.C. lawmakers, the Justice Department and the Department of Homeland Security. Members of Congress have asked the Justice Department and D.H.S. to look closely at Sheriff Arpaio’s actions to determine whethere he has violated Latinos’ civil rights. The Civil Rights Division of the Justice Department, which was marginalized during the Bush years, is poised to regain its authority under Attorney General Eric Holder.

Additionally, D.H.S. Chief Janet Napolitano has called for a review of the 287(g) program, which allows state law enforcement agents (like Sheriff Arpaio) to enforce immigration laws normally reserved for federal agents.