CORONA VIRUS / COVID-19 ADVISORY

Due to the health risks posed by the Corona Virus tragedy, our office is following the directives of the governor of California in order to minimize the risks to our staff, our clients and our community. Our office will continue to operate fully, as it has thus far, observing our normal schedule, Monday through Friday from 8:30 a.m. to 5:30 p.m. We will continue to schedule appointments to meet with clients and will do this via ZOOM or Telephone only.

If you would like to schedule an appointment with any of our lawyers or staff members, please do so by calling our office at (619) 291-1112. You can also contact us via e-mail at [email protected]

Thank you for your understanding.

AVISO DE CORONA VIRUS / COVID-19

Debido a los riesgos para la salud planteados por la tragedia del Virus Corona, nuestra oficina está siguiendo las directivas del gobernador de California para minimizar los riesgos para nuestro personal, nuestros clientes y nuestra comunidad. Nuestra oficina seguirá funcionando a pleno, como lo ha hecho hasta ahora, cumpliendo con nuestro horario habitual, de lunes a viernes de 8:30 a.m. a 5:30 p.m. Continuaremos programando citas para reunirnos con los clientes y lo haremos solo a través de ZOOM o por teléfono.

Si desea programar una cita con alguno de nuestros abogados o miembros del personal, hágalo llamando a nuestra oficina al (619) 291-1112. También puede contactarnos por correo electrónico a [email protected]

Gracias por su comprensión.

Resolving Immigration Problems
In An Honest & Responsible Manner

Man wins case because of incomplete Notice of Hearing

The authorities in California were going to remove a man from the country, but he countered, saying he had lived in the state long enough to cancel the removal. The rule he cited said that he had to reside in California for seven years in a row. He had done that and more, so he asked to have it canceled.

However, in 2008, the man was sent a Notice to Appear. When someone gets this notice, it then puts the stop-time rule into play, meaning that time spent after the notice does not count. Since he had gotten it in 2008 and his case began in 2018, they claimed he should lose those 10 years. That would make him ineligible to cancel the removal.

The Supreme Court

Initially, it looked like this tactic worked. The court ruled that he couldn’t count those years due to the order. Even so, he continued to fight it, taking it to the Supreme Court.

That’s where things turned in his favor. Technically, the Notice to Appear has to provide the person who gets it with the place and time for the removal proceedings. If it does not do so, then the stop-time rule does not trigger, and that person can count the time after the notice arrives.

The man’s notice did not have that information. As such, the Supreme Court said that the stop-time rule never applied to him, giving him those 10 years back.

His opponents pointed out that he had also gotten a Notice of Hearing, which they claimed gave him the proper information. Shouldn’t that trigger the rule at that point, since it meant he had both the Notice to Appear and the time-and-place information?

The court did not agree. They claimed that the rules applied to the initial Notice to Appear and that sending him more paperwork did not fix the mistakes made in that original notice. It was still not a valid notice, which he deserved if the stop-time rule was to apply to his case.

Your rights

This case helps to explain some of the rules surrounding immigration for those with any status, and it’s important to consider exactly what it may mean for more cases in the future. The small details of a case matter.

At the same time, it shows that you should never assume that your case is over just because you didn’t win in the lower court. You may still have legal options, and it’s important to know what they are.

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Trump administration now wants to replace properly trained and experienced asylum officers with Border Patrol officers with 5 weeks training to conduct credible fear interviews. Quality and justice once again sacrificed for speed by Trump.

Jóvenes DACA en peligro.
Los jóvenes que se han visto beneficiados con el programa DACA se podrán ver perjudicados si no renuevan su DACA antes del fallo de la corte suprema de la nación que será en junio de 2020.
Lo recomendable es que se renueve dicho permiso aún si el permiso vence despues de la fecha del fallo de la corte que sera en junio de 2020.