Newsletter Winter - Spring 2005

“Why am I waiting ?  My friend’s case already got granted . . . !”

The CIS (this stands for “Citizenship and Information Services,” a successor to the former INS) can be frustrating to work with.  There is wild variation in the time it takes CIS to adjudicate matters, and many events happen that are beyond even an attorney’s control.  Two identical cases filed at the same time could be finished months or even years apart.  Common reasons that may cause delay: CIS loses/misplaces the file, or sends it to the wrong office; CIS determines an extra security check is necessary; additional evidence is required; CIS staffing changes; inconsistency among CIS officers– some work slowly, others may be on an extended absence; an applicant’s criminal or prior immigration record.

Furthermore, it makes a difference which CIS office is handling the matter, or if the application is made in conjunction with other applications or immigration court.  Rest assured that if your case was prepared and filed by Hill and Piibe, we regularly checks the progress of our cases with the appropriate personnel at the CIS.

L.A. County Jail Clerks Will Screen Inmates for Their Immigration Status

The Immigration and Customs Enforcement (“ICE”), another successor to the INS, has struck an agreement with L.A. County where trained jail clerks will question inmates to determine if they are illegally present in the U.S.  It appears that suspected illegal immigrants will be turned over to federal ICE agents and eventually referred to immigration court for deportation.

The REAL ID Act, approved by the House of Representatives, is a significant threat

This restrictive legislation seeks to: curtail the availability of asylum by imposing high evidentiary burdens; expand deportation to people who support/join any political organization that has used or threatened to use violence (this could be a very broad category); cut off appellate/judicial review for most immigrants and forcing people to return to their home country even if they have an appeal pending; forbid immigrants from obtaining driver’s licenses; require a minimum $10,000 bond on persons apprehended by immigration officers; allow bail bondsmen to hunt down people; and allow Homeland Security to ignore all laws when it comes to building border fences.  Please urge your elected representatives to oppose this bill, and pass the word on.

What to Expect on Appeal

Appeals are commonly required in immigration cases, as both CIS and the immigration courts make mistakes, or because the laws need to be challenged and refined.  Appellate review means a higher court or authority will review what happened to determine if the laws were properly followed.  An attorney with years of appellate experience is recommended because appeals rely exclusively on a large body of case law and policy, dating back as far as the 1800s.

The client’s involvement is not required during an appeal because, with very rare exceptions, a person will not be allowed to submit additional evidence or testimony.  To start the process, the attorney must first inform the appropriate authority through a notice of appeal; if this form is not properly filled out with details of the argument, the case could be denied.  Next the attorney must review the record and transcript of testimony, and apply these facts to the large body of law that guide the appellate authority; usually this occurs in a written brief which can be as lengthy as 40 to 50 pages and which can take weeks to properly write.  The attorney must make the argument carefully, because it will be the only chance to win the case.
Finally, an oral argument may be ordered if the appellate authority has further questions for the attorney; again, the attorney must do further pinpointed research and anticipate the focus of concern.  A written decision on the appeal will be mailed; sometimes it will be lengthy and explain the reason for the decision, and other times it will simply state “affirmed” or “denied.”

As a result of hard work, Hill & Piibe is fortunate to have had a number of successful appeals that re-written how the immigration laws are interpreted.  For more details, please go to our web site.

A New Attorney and a New Branch Office in Baldwin Park!

Hill & Piibe is highly pleased to welcome attorney Veronica Sanchez Villegas, who will be operating out of our new Baldwin Park office (see address below).  Ms. Villegas has invaluable experience from 5 years as an Assistant District Counsel with the former INS.  A graduate of Loyola Law School, Ms. Villegas was raised in the San Gabriel Valley and speaks fluent Spanish.  You may call either office to schedule an appointment.