Greetings Jorge Rivera, immigration attorney.
The Supreme Court decides that not all immigrants are entitled to a hearing.
This is super interesting news, but it affects our people.
The Supreme Court has decided that if a person is physically deported from the U.S., or departed after the deportation and reenters without having asked for a pardon, or without having waited the time of punishment, does not have the right to go before a judge to ask for a pardon. bond, even if it is being applied by the asylum.
This new decision is very sensitive, and may affect hundreds of thousands of people.
How many people come across the border, are detained, deported, and return? Many of our people don't even realize they have a deportation. They find out years later, when they want to apply for some benefit, and end up asking for the record. Likewise, a deportation at the border and a re-entry is going to affect you when you are applying for any benefit with Inmigration. However, ehis decision is very specific.
A person who applies for asylum after re-entry and after deportation does not have the right to go in front of a judge and ask for a bond. But what if you are not asking for asylum, but some other benefit, and Immigration detains you and wants to use this decision to deny you a hearing?
Frankly, it has always been that way. We, immigration lawyers, know that the normal process is that if you re-entered after deportation, you are not entitled to a bond or a hearing before a judge.uez. However, there are alternatives, and there are solutions.
The key is that the Supreme Court came to reconfirm this. The solutions are limited: asylum, ten-year law, U Visa for victims of crime, and the domestic violence whether the travel was related to the violence suffered by the person.
Alternatives are limited if re-entered after a deportation. But, as the art of being a lawyer and having a good strategy to win cases is the key, en then we know that, you can't go in front of a judge and ask for a bail, what you can do is to ask him for a to the CPP Border Patrol, ICE, or prosecutors to exercise discretion on your behalf. Why? Because reentry after deportation is not one of the immigration priorities for deportation. If you do not sos terrorist, spy, or newcomer and you have not committed a felony, you may qualify for discretion.
This is how we are getting many cases approved, being aggressive in what we are asking for with the new rules approved by the president Joe Biden.
If you need aggressive representation, the law or court decisions say you don't qualify and you need an alternative, we are the lawyers for you.
You can call us at 88 85 78 78 22 76
Remember also that attorney Jorge Rivera offers all types of legal advice to immigrants throughout the United States.
If you are looking for an immigration lawyer in Miami, you can find us at 5820 Blue Lagoon Dr, Miami, FL. It also provides counseling for immigrants in Dallas.