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Blandon Law Immigration

Thursday, July 25, 2013

Freedom and Safety for Mexican Victim of Extortion

     Foreigners facing an Immigration Judge, pleading to remain in the United States, have several defenses they can present.  The one most often discussed in the Asylee's Daughter blog is asylum, protection for those harmed on account of their race, religion, nationality, political opinion, or membership in a particular social group.
     Another option for those who might be murdered in their homeland, however, is withholding of removal.  In a recent case in Texas, a Mexican national won his freedom and safety.  In his country, his family was murdered for refusing to pay extortion demands from a gang.  The news story is here.
      He was detained for a year by the Immigration and Customs Enforcement arm of the Department of Homeland Security. 
     For help with your asylum case, call the Broward county law firm of Blandon Law at (954) 385-0157.  The author represents clients throughout the United States.

Monday, July 22, 2013

Syria, China, Venezuela -- Reopen Asylum Even if Ordered Deported, Even if Other Motions Denied

     The Board of Immigration Appeals just ruled that foreign nationals can reopen their case EVEN IF THEY WERE ORDERED DEPORTED and EVEN if they filed other motions to reopen.  This was discussed in the case Matter of J-G-, available by clicking here.
      This is true so long as the situations in the homeland country have worsened.  For example, if a Syrian national had her asylum case denied as a member of a political party and the conditions in Syria have worsened for that party, she can reopen her case.  On second (or third or fourth) try, she might win asylum.
      Similarly, if the conditions in the country have worsened for someone of a particular religion (or non-religious secularism), the foreign national may reopen the case.
      Working with an immigration expert is extremely important because these reopened asylum cases are won based on the law and research.  There are no more court hearings or interviews.  This author is certified by the association of the attorneys of Florida as an immigration expert.
      To discuss the strategy for your asylum success, call the Weston law office of Blandon Law at (954) 385-0157.

Friday, July 12, 2013

Detained Asylum Applicant Wins On Appeal to Board of Immigration Appeals

     In an unpublished decision, the Board of Immigration Appeals (BIA) strongly critiqued an  Immigration Judge's denial of asylum. The judge had listed a number of reasons as to why the applicant was not credible.  The applicant testified to beatings, arrests, and sexual abuse by police and persons senior to him, on account of his sexual orientation. 
     After an asylum case is denied, an applicant has 30 days to appeal it to the BIA.  As in that case, an appeal is vital because another person may understand the applicant's view better than the Immigration Judge who decided the matter the first time. 
      Importantly, in this unpublished opinion (which is available to attorneys but not the public), the BIA held that the applicant -- who was detained -- WAS credible and that the Immigration Judge was incorrect.  Moreover, the applicant established past persecution based on his testimony.  As a result, the BIA ordered he be granted relief from deportation. 
     To see how the Blandon Law can help you with your asylum case, including using unpublished decisions, call the Florida office at (954) 385-0157.

Wednesday, July 10, 2013

Asylum Applicants in Immigration Court Can Get Work Permits Faster

     Due to the settlement of a class action lawsuit, after November 2013, it will be faster for defensive asylum applicants to obtain a work permit.  A defensive asylum case is one which is pending before an Immigration Judge.
     The regulations do not allow an asylum application to be "filed" other than at a hearing before a judge.  As a result of "the asylum clock," an applicant cannot usually request employment authorization for many month (or years).  At the end of this year, asylum applications will be "lodged" with a court clerk.  This means either sent in the mail or presented in person.
      Once an asylum application is "lodged" and the required 150 days have elapsed, the applicant can request a work permit.  More information is available here.
     For professional help on asylum and work permits call a Board-certified immigration expert at the Weston law office of Blandon Law.  The number is 954-385-0157.

Monday, July 8, 2013

Venezuela Reportedly Offers Asylum to Snowden

     According to a CNN story available here, Venezuela offered political asylum to Edward Snowden.  As many know, Snowden is a former contractor for the U.S. National Security Agency and a former employee of the Central Intelligence Agency.  He leaked details of several top-secret U.S. and British government mass surveillance programs to the press.
     Despite the offer, asylum is NOT available to persons who have allegedly committed serious non-political crimes such as espionage or treason.
     For a strategy that might help your asylum case, scheduled a consultation with the Weston immigration office of Blandon Law at (954) 385-0157.

Saturday, July 6, 2013

Same-sex Partners Can Enter the United States as Refugees

     Secretary of State John Kerry reaffirmed that same-sex married partners can now become refugees.  Because the Supreme Court recently ruled that the federal Defense of Marriage Act is unconstitutional, same-sex spouses of asylees can enter the United States.  There are three steps to this process:

     1.  One partner must have been granted asylum in the United States
     2.  That partner has to petition the other partner, who lives abroad
     3.  Their marriage must be recognized in the country (or U.S. state) where they were married
     In addition, same-sex partners can also be included in the asylum application if both of them are in the United States when one applies for this benefit.
     To view Secretary Kerry's Statement on the Supreme Court Ruling on the Defense of Marriage Act, please visit this link.  For asylum advice from a Florida Bar board-certified immigration attorney, call the Weston office of Blandon Law at (954) 385-0157.

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