Glickman Turley Legal Blog

BIA Rules in the In re: Jesus Gaytan-Castro Case

2012-03-02T09:24:00.001-08:00

The Board of Immigration Appeals (BIA) held that under the doctrine of res judicata, removal proceedings are barred even if the respondent was erroneously granted adjustment of status in the prior proceedings. The case, In re: Jesus Gaytan-Castro, involved the issue of whether the Gaytan-Castro was eligible for adjustment of status pursuant to his father's visa petition. Gaytan-Castro was granted adjustment of status.

The BIA reviewed and agreed with the Immigration Judge's decision that the removal proceedings must be terminated because the doctrine of res judicata requires that once a final judgment on the merits of an action is rendered, the parties are barred from relitigating the issues that could have been raised in that action. Therefore, the BIA concluded here that when an erroneous grant of adjustment of status arose, the Department of Homeland Security (DHS) had the option of filing a timely appeal or a motion to reopen and rescind, which it failed to do, and is now barred from proceeding with new termination proceedings.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

New Hampshire Same-Sex Marriage Law Faces Challenges by State GOP

2012-02-28T08:38:00.001-08:00

The Wall Street Journal's Law Blog reported that Republican lawmakers in New Hampshire are pushing to repeal the state's same-sex marriage law. The bill would define marriage as a "legally recognized union between one man and one woman" and would allow for civil unions defined as "a contractual agreement that provides reciprocal benefits and obligations to the parties of the agreement."

If the bill passes, Governor John Lynch (D) has promised to veto it. However, the Republicans still would be able to overcome the veto since they control both the state House and Senate. New Hampshire could become the first state to repeal a same-sex marriage bill.

There are some members of the GOP in New Hampshire who are concerned about the potential backlash from repealing the same-sex marriage law and would rather focus on cutting spending and other pertinent issues. The New Hampshire House will need to vote by March 29, 2012, before it can be sent to the state Senate.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

United States v. Farrell Decision By US Court of Appeals for First Circuit

2012-02-24T07:45:00.000-08:00

In a new ruling of the United States Court of Appeals for the First Circuit, the court determined that the Massachusetts crimes of burglary or breaking and entering may not be a violent felony for armed career offender purposes. The definition of crime of violence for that law is similar to the definition applicable to determining whether the crime is a crime of violence for immigration purposes. Immigrants in removal proceedings based upon aggravated felonies or crimes of moral turpitude arising from convictions for burglary or breaking and entering may have new arguments for relief. The case is United States v. Farrell, First Circuit Court of Appeals, February 17, 2012.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

USCIS Currently Not Accepting Waiver Applications For Extreme Hardship (I-601)

2012-02-23T06:14:00.000-08:00

United States Customs and Immigration Services (USCIS) issued a notification that it is not accepting waiver applications (I-601) for extreme hardship to United States citizens on behalf of immigrants in the United States without documentation or unlawfully at this time. USCIS stated that it intended to publish a final regulation proposal in the next several months to allow citizen spouses or parents to receive a provisional waiver of the unlawful presence bars before leaving the United States. Once comments are received and if the proposed rule is published in the Federal Register, USCIS will likely implement the provisional waiver program. Until that time, all applications for provisional waivers will be returned.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Federal Tax Crimes Considered Aggravated Felonies For Aliens

2012-02-22T08:52:00.000-08:00

The United States Supreme Court held in Kawashima v. Holder that aliens who commit certain federal tax crimes are at risk of deportation because such crimes fall under "fraud or deceit" under 8 U.S.C. sec. 1101(a)(43)(M)(i) and are considered "aggravated felonies as defined in the Immigration and Nationality Act, 8 U.S.C. sec. 1101 et seq, when the loss to the Government exceeds $1,000."

Justice Ginsburg dissented on the grounds that the Court's holding was too broad and "sweeps a wide variety of federal, state, and local tax offenses - including misdemeanors - into the 'aggravated felony' category." Justice Ginburg also noted that the decision would have a negative impact from a policy standpoint since it "may discourage aliens from pleading guilty to tax offenses less grave than tax evasion, thereby complicating and delaying enforcement of the internal revenue laws." Justice Ginburg's dissent was joined by Justice Breyer and Justice Kagan.

The Court rendered its decision in the case of Kawashima v. Holder on February 21, 2012.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Marijuana Laws in Massachusetts: Commonwealth v. Keefner

2012-02-21T07:49:00.004-08:00

The Massachusetts Supreme Judicial Court (SJC) held in Commonwealth v. Keefner that even though simple possession of marijuana has been decriminalized in Massachusetts, possession of any amount, with the intent to distribute it, remains a crime.

The state's decriminalization of marijuana law was approved by voters in a November 2008 referendum. The law changed the status of the possession of one ounce or less of marijuana from a criminal offense to a civil offense, with a penalty of $100 and forfeiture of the marijuana. If the offender is under eighteen years of age, the youthful offender will have to pay the fine, which may be increased to $1,000, and attend a drug abuse counseling course that must be completed with one year of the offense.

The SJC held that voters intended the decriminalization of marijuana law to exclude from the law's reach "the separate and distinct crime of possession (of any amount of a controlled substance) with intent to distribute." The SJC declined to define the extent of all acts that fall under "distribute" but did explain that prosecution is not limited solely to situations involving a sale of marijuana.

The SJC also held that police officers are not permitted to conduct warrantless, non-consensual searches on individuals they have probable cause to believe possesses marijuana in order to prove the civil offense has occurred.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

SJC Rules Homestead Statute Does Not Protect House in Trust in Boyle v. Weiss

2012-02-17T06:49:00.002-08:00

The Massachusetts Supreme Judicial Court (SJC) ruled that the holder of a beneficial interest in a trust that holds title to real estate and resides in the said real estate cannot acquire an estate of homestead in the said land and building under G.L. c. 188, sec. 1.

In Boyle v. Weiss, Maria A. Boyle recorded a declaration of homestead in a property in Lowell where she resided. The Lowell property had been conveyed to Boyle by her parents who had placed the property in a trust. Two days after recording a declaration of homestead, Boyle filed for bankruptcy, claiming an exemption for her beneficial interest in the trust, which held title to real property used as her residence. The SJC concluded that under Massachusetts law, a trust beneficiary residing in property owned by a trust may not acquire a homestead estate. The SJC said "...even though the debtor resides in the Lowell property and uses it as her home, as the owner of a fifty percent beneficial interest in the trust that holds title to the property but who does not direct or control the trustee, she cannot validly claim a homestead exemption for the property under the 2004 [Homestead] act."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

New Jersey Senate Votes To Approve Same-Sex Marriage

2012-02-15T09:00:00.001-08:00

The New York Times reported that the New Jersey Senate voted to legalize same-sex marriage after a similar bill failed two years ago. The measure passed 24 to 16. The State Assembly will vote on the same-sex marriage bill Thursday, February 16, 2012. If the measure passes, Gov. Chris Christie, a Republican, has promised to veto it and supports putting the issue to a referendum.

If Gov. Christie vetoes the bill, the New Jersey state legislature would be able to override the veto with approval of two-thirds of the state House and Senate.

Seven states and the District of Columbia have legalized same-sex marriage, including Washington state where Gov. Chris Gregoire signed the bill earlier this week.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

House of Representatives in Washington State Vote Today on Same-Sex Marriage Bill

2012-02-08T07:19:00.000-08:00

The Washington state House of Representatives will open the floor for debate this afternoon on the same-sex marriage bill that passed a week ago in the state Senate.

Reuters has reported that the bill is expected to pass in the House where Democrats hold a big majority. The bill passed the Senate, which is also controlled by the Democrats, on a 28-21 vote. Gov. Christine Gregoire promised to sign the Washington state same-sex marriage bill after it clears the House, with "some speculat[ing] would lead to its enactment next Tuesday, Valentine's Day." Same-sex partners will be able to get married on June 7, 2012.

However, opponents of same-sex marriage vowed to initiate the process to overturn the legislation should it pass by gathering the required number of signatures (241,153) from registered voters by July 6, 2012 in order to qualify for the November 2012 ballot. Washington voters would then have an opportunity to cast their vote either for an initiative that would either restrict the definition of marriage as between one man and one woman or a referendum for repeal of the same-sex marriage bill - a situation reminiscent of California's Proposition 8. The a 3-judge panel in the 9th Federal Circuit Court of Appeals ruled yesterday that Proposition 8 is unconstitutional - a ruling that could help supporters of same-sex marriage if the Washington state legislation is overturned by voters and challenged in court.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Pet Trusts Gain Respect

2012-02-07T17:21:00.000-08:00

The New York Times published an article describing the difficulties pet owners face when planning for the care of their pets after the owners die. See The Pet Problem published on February 3, 2012. Glickman Turley LLP is ready to help you develop a comprehensive solution for the care of your pets when you are no longer able to do so. Attorney Donna Turley was instrumental in writing and advocating for the passage of the recent Massachusetts legislation enabling the establishment of Pet Trusts in Massachusetts. She is a nationally recognized advocate for animals. Please call Glickman Turley LLP to discuss taking care of your feathered or four footed loved ones. Our focus in estate planning is on nontraditional families.

Federal Appeals Court Ruling: California Ban on Same-Sex Marriage is Unconstitutional

2012-02-07T11:16:00.000-08:00

The Boston Globe reported that a three-judge panel of the 9th U.S. Circuit Court of Appeals held that California's same-sex marriage ban is unconstitutional and that the lower court "correctly interpreted the U.S. Constitution and Supreme Court precedents when [the judge] declared in 2010 that Proposition 8 was a violation of the civil rights of gays and lesbians." Fifty-two percent of California's voters passed Proposition 8, the law that banned same-sex marriage in the state, during the November 2008 election, igniting public interest around the country.

As of now, it remains unclear when same-sex marriages will be permitted again in California. There was a five-month window before the November 2008 elections where same-sex marriage had been legalized in the state and those marriages have been upheld by the the California Supreme Court. Opponents of same-sex marriage have vowed to appeal this decision to a bigger 9th Circuit panel and even the U.S. Supreme Court.

Valentine's Day Action to Celebrate Immigrants Event in Boston

2012-02-07T06:49:00.000-08:00

On Tuesday, February 14, 2012, there will be a celebration at Boston City Hall honoring the positive contributions that immigrants offer in Massachusetts. For more information, see the press release below:

When: Tue, February 14, 11am – 12pm

Where: Boston City Hall (1 City Hall Ave., Boston MA 02201) ()

This Valentine's Day, celebrate all the positive contributions that immigrants offer to Massachusetts! Immigrants represent progress and the future wellbeing of American society. Come and support our Just Communities campaign in front of Boston City Hall! Supporters: AFSC Project VOICE, Boston New Sanctuary Movement, Brazilian Immigrant Center, Cambridge United for Justice With Peace, Centro Presente, CISPES, Immigrant Workers Center Collaborative (IWCC), Jobs With Justice - MA, Justice at Work, Neighbors United for a Better East Boston (NUBE), and Student Immigrant Movement.

DHS Announced Initiatives For Highly Skilled Immigrants in the United States

2012-02-06T09:55:00.000-08:00

The Department of Homeland Security announced a set of initiatives designed to attract and retain highly skilled immigrants in the United States. The Obama Administration has expressed that these immigration reforms will encourage further job creation as the country continues its economic recovery in the future. The President's Council on Jobs and Competitiveness released a report that said, "Highly skilled immigrants create jobs, they don't take jobs."

President Obama stated in his State of the Union address that keeping highly skilled immigrants in the United States will help boost the nation's competitiveness in an ever-changing world economy. His administration supports legislation such as "creating a 'Startup Visa,' strengthening the H-1B program, and 'stapling' green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields."

To read more on the Department of Homeland Security's future administrative reforms for highly skilled immigrants and foreign entrepreneurs, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Mass. Appeals Court Holds Same-Sex Parents Share Parenting Role in Della Corte v. Ramirez

2012-02-03T09:04:00.000-08:00

The Massachusetts Appeals Court held that when there is a marriage between same-sex partners, the need for a second-parent adoption to, at least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage.

In Della Corte v. Ramirez, Gabriella Della Corte appealed a judgment entered in the Suffolk Division of the Probate and Family Court Department maintaining joint legal custody of her child with Angelica Ramirez. Della Corte argued that Ramirez was not the child's legal parent because Ramirez is not the biological parent of the child and that they were not married at the time of conception. The Court held that because Ramirez and Della Corte were married when the child was born, then she is the legitimate child of both parents as "there was no requirement that the parties be married at the time of conception, as the statute plainly states '[a]ny child born,' not 'any child conceived.'"

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Senate in Washington State Approves Same-Sex Marriage Bill

2012-02-02T07:58:00.000-08:00

Washington state inches closer to becoming the seventh state to legalize same-sex marriage, according to a report by CBS News. The measure was passed by the state senate after an hour and a half of debate on the floor Wednesday evening. Four Republicans voted with the majority Democrats in support of the bill on a 28-21 vote. The public gallery was "packed" and "burst into applause" when the bill passed.

The bill moves on to the House where it is expected to pass and Gov. Chris Gregoire said she will sign it into law. The language of the legislation states that 9,300 couples who are registered as domestic partners would have a two-year window to get married or dissolve their domestic partnership with the deadline set at June 30, 2014. Domestic partnerships will then automatically become marriages. Senior couples where at least one partner is 62 years old or older would be permitted to continue as registered domestic partners in order "to help seniors who don't remarry out of fear they could lose certain pension or Social Security benefits."

Opponents of same-sex marriage are gearing up to file a referendum against the legislation should the bill be signed into law. They have until June 6, 2012, to obtain 120,577 required signatures to move forward with the referendum. If opponents are able to meet that requirement, same-sex couples would have to wait for the results of the November 2012 election before being able to marry legally.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Fourth Circuit Reverses Silva-Trevino

2012-02-01T07:32:00.000-08:00

In a significant immigration ruling, the fourth circuit court of appeals, encompassing Virginia and other Southern states, ruled today that a rule of the Board of Immigration Appeals permitting immigration judges to examine police reports and other information to evaluate whether a crime was a crime of moral turpitude violates Federal law. The Court found that the Attorney General's opinion allowing the immigration courts to examine evidence outside the record of criminal conviction "if doing so is necessary and appropriate" was without legal basis. The First Circuit, including Massachusetts still permits immigration judges to examine police reports and other records.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Temporary Protected Status: Designated Countries, Deadlines, and Application Fees

2012-01-30T10:06:00.000-08:00

The U.S. Citizenship and Immigration Services (USCIS) provides Temporary Protected Status (TPS) for immigrants to the United States who are unable to return to their home countries safely because of ongoing armed conflict, an environmental disaster or epidemic, or other extraordinary or temporary conditions. Within the designated time frame, an individual who is granted TPS will not be removable from the United States and will be qualified to obtain an employment authorization document (EAD). The individual may obtain authorization to travel as well.

TPS is a temporary benefit that does not lead to lawful permanent residency or any other immigration status. But an individual who applies for TPS simultaneously may apply for nonimmigrant status, file for adjustment of status based on an immigrant petition, or apply for any other immigrant benefit or protection so long as the individual meets the eligibility requirements.

Currently, the following countries are on the TPS designated list: El Salvador, Haiti, Honduras, Nicaragua, Somalia, Sudan and South Sudan.

For a complete list of TPS of designated time periods, fees, applications and other important information, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Washington State Poised to Legalize Same-Sex Marriage

2012-01-27T08:07:00.000-08:00

The Associated Press reported that Washington will legalize same-sex marriage now that the state legislature has enough votes to pass the measure. If the bill passes, gay and lesbian couples will be permitted to get married as early as June 2012.

Opponents of gay marriage vow to file a referendum to challenge the bill once it is signed into law by Gov. Chris Gregoire. They will need to gather 120,577 signatures by July 6, 2012. The National Organization for Marriage has pledged to fight same-sex marriage laws in Washington state by announcing it will spend $250,000 "to help fund primary challenges to any Republican who crosses party lines to vote for same-sex marriage in Washington state."

However, a recent University of Washington poll revealed that support for same-sex marriage has increased in the state, with 43 percent of respondents supporting gay marriage, while 22 percent support "giving identical rights to gay couples but just not calling it marriage." The poll found that if the same-sex marriage bill passed, 55 percent of respondents said "they could vote yes to uphold the law" while 38 percent would vote to against it.

Washington will join Massachusetts, New York, Connecticut, New Hampshire, Iowa, Vermont and the District of Columbia as the seventh state to allow same-sex marriage.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Guidance for Immigration Asylum Cases Involving LGBTI Individuals

2012-01-26T08:34:00.000-08:00

The USCIS has released a new training module called "Guidance for Adjudicating Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Refugee and Asylum Claims." The guidance has been in the works for two years in cooperation with Immigration Equality, a national organization that advocates for equality under U.S. immigration law for LGBTI and HIV-positive individuals .

The training module provides appropriately sensitive and helpful questions for officers to use and provides instructions on what types of questions should be avoided; LGBTI-specific examples of harm that constitute persecution in an individual's home country; possible one-year filing deadline exceptions (such as recently "coming out"); and instructions on how to deal with various complex issues (such as understanding that cultural norms in the LGBTI community in the individual's home country may differ from those in the U.S.; that LGBTI applicants are not required to meet pre-conceived stereotypes or "look gay" - a common issue that has arisen in asylum cases in the past; and that former opposite-gender marriages does not mean that the applicant is not lesbian or gay).

The Guidance Introduction said "Interviews with LGBTI or HIV-positive refugee and asylum applicants require the individual to discuss some of the most sensitive and private aspects of human identity and behavior - sexual orientation, gender identity, and life-threatening illness." The new training module will provide attorneys, advocates, and immigration officers with a government guideline similar to those issued for other types of asylum claims.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Commonwealth v. Clarke: Invoking Your Right To Remain Silent By Conduct

2012-01-25T09:52:00.000-08:00

The Massachusetts Supreme Judicial Court (SJC) held that nonverbal expressive conduct can suffice to invoke the right to remain silent.

In Commonwealth v. Clarke, the Massachusetts Bay Transportation Authority (MBTA) transit police arrested defendant Brandon M. Clarke for indecent assault and battery that had occurred at a train station. Clarke was taken to an interrogation room and informed that their conversation would be recorded. One of the officers explained verbally to Clarke his Miranda Rights and that he had a right to sign a written waiver of those rights.

When the officer asked whether Clarke wanted to speak, Clarke responded by shaking his head back and forth to show he did not want to speak. The other officer explained that because Clarke does not want to speak, he is still not free to leave because he would still be charged and would have to appear in court. At that point, Clarke made statements showing that he was confused and eventually waived his rights.

The SJC held that the defendant expressed in a nonverbal manner that he invoked his Fifth Amendment right to remain silent by shaking his head in a negative fashion. The police are required to "scrupulously honor" that right. The SJC concluded that "the detectives did not scrupulously honor the defendant's right to remain silent and thereby eliciting the incriminating response that is the subject of the defendant's motion to suppress, the motion judge was correct in concluding that the defendant's statements must be suppressed."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Foreclosure Thwarted by Glickman Turley

2012-01-24T10:42:00.000-08:00

Glickman Turley LLP secured an injunction to prevent a foreclosure of a client's home the day before the auction. Arguing before Norfolk Superior Court, we noted that the lender had promised modification of the predatory loan on three separate occasions but failed to finalize the modification agreement each time. Additionally, the lender sent three mortgage payments back to the client once the loan was declared to be in default. Last summer, we sent a demand letter to the lender requesting the promised modification. The mortgagee did not respond. We also argued that the client did not get 150 days notice of the foreclosure from the assigned mortgagee as required under emergency legislation. The judge agreed that our client would suffer irreparable harm by letting the foreclosure proceed and that the balance of equity was on her side. The client will be making mortgage payments into an escrow account during the course of litigation. There have been a number of recent court decisions which has changed how foreclosures are managed in Massachusetts. Attorney General Coakley has been at the forefront of trying to help home owners under water. Lenders are now on notice that Massachusetts is promoting fairness to borrowers.

Supreme Court Ruled on GPS Tracking Devices

2012-01-24T07:00:00.000-08:00

The New York Times reported that the Supreme Court decided on Monday that a Global Positioning Device (GPS) tracking system placed on a suspect's car by police violated his Fourth Amendment privacy rights. The Court ruled unanimously on this decision, with the majority agreeing with the rationale that the issue was the placement of the GPS device on private property.

The case, United States v. Jones, involved a Washington nightclub owner who was suspected of participating in a cocaine-selling operation. Antoine Jones's movements were tracked for a month when police placed the GPS device on his Jeep Grand Cherokee without obtaining a valid warrant. Jones had been sentenced to life in prison based on the evidence gathered by police, including the information gathered by the GPS.

Justice Scalia, who wrote the opinion, stated "The government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a 'search' within the meaning of the Fourth Amendment when it was adopted."

Justice Alito, who concurred with the majority on the ruling, differed on the rationale: "We need not identify with precision the point at which the tracking of this vehicle became a search, for the line was surely cross before the 4-week mark. Other cases may present more difficult questions."

The lawyer for the defendant in this case said the ruling was a "signal event in Fourth Amendment history," according to the article.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Comprehensive Review of Prosecutorial Discretion Policy Shows Positive Results

2012-01-23T06:38:00.000-08:00

ICE prosecutors in Denver, Colorado have been racing to meet the mid-January deadline ordered by the Obama Administration to review 7,900 deportation cases before the immigration court, according to a report in The New York Times. They have identified over 1,000 undocumented immigrants who are in deportation proceedings that are not a security risk, allowing them to remain in the United States without legal status. Even though the deportation becomes closed and off the docket, it can be reopened at any time.

The policy is part of an effort by the Obama Administration to curb deportations of individuals who are considered low-priority cases, such as those with no criminal records, as well as those with deep ties to the United States. Through this policy, ICE is able to prioritize its resources to focus on deporting criminals such as gang members and sex offenders - those who pose a threat to society and security.

Running a case-by-case review has been a daunting task for the ICE prosecutors, but "they said they liked their newfound flexibility in pursuing cases - more like the routine practice of their peers in criminal courts," according to the report. Immigration court judges welcome the prospect of reduced backlogs.

Mortgage Rate Down to Record Low

2012-01-20T07:06:00.000-08:00

The Associated Press reported that the average rate on a 30-year fixed mortgage is down to 3.88 percent, a record low, according to mortgage buyer Freddie Mac. Over the past four months, the rate for a 30-year fixed mortgage was around 4 percent. The new rates have not stimulated home sales yet as high unemployment and low wage gains make it difficult for people to qualify for loans. Some are worried about purchasing a home that may lose value in a few years. In 2011, previously-owned home sales increased slightly over 2010's figures, but new-home sales are "certainly to be the worst on records going back half a century," according to the report.

Even though the low rates have not motivated people to start buying homes yet, the National Association of Home Builders remains hopeful that these low rates will help to increase home sales within a year.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

2010 BIA Decision Could Help Undocumented Immigrants Who Crossed the Border Legally

2012-01-19T08:57:00.000-08:00

A California man was able to avoid deportation based on a 2010 ruling by the Board of Immigration Appeals (BIA) - a law that could help many undocumented immigrants remain in the U.S, according to a report in the Sacramento Bee.

Rogelio Servin, 32, entered the U.S. with his family when he was child. Even though Servin did not have proper documentation to cross the border from Mexico, he was determined to have entered legally because an immigration officer waved his family through without questioning them. His family had been prepared to explain to the immigration officer that they wished to enter the country to visit their other son who had been severely burned in an accident and was being treated at Shriners Hospital in San Francisco. Servin remained in the country, married his wife and they had three chlildren.

However, Servin was arrested for drunken driving last year. The U.S. Department of Homeland Security placed Servin in deportation proceedings after learning of his arrest, arguing that he had been convicted of a prior felony and had entered the country illegally.

The 2010 BIA decision that helped Servin avoid deportation applies to undocumented immigrants who entered the country without sneaking over the border. Immigrants who arrive in the U.S. without documentation and who are immediate relatives of U.S. citizens may be entitled to seek legal permanent resident status if they traveled to the U.S. openly through a customs border and were permitted entry. This ruling does not apply to undocumented immigrants who evade customs officials by crossing into the country through mountains, deserts, and rivers.

Servin successfully argued his case and "was judged to have come in legally because he was 'inspected and admitted' and he was awarded his green card because he was his family's sole supporter," according to the article.

ICE Charges Worcester Man For Role in Nationwide Identity Fraud Ring

2012-01-12T06:45:00.000-08:00

The Worcester Telegram & Gazette reported that U.S Immigration and Customs Enforcement (ICE) has charged 50 people, including a Worcester man, with running an identity-trafficking ring. According to federal court documents, the ring sold the identities of Puerto Rican U.S. citizens to individuals over a dozen cities around the country.

The investigation, which started in April 2009, identified "conspirators in 15 states and Puerto Rico [who] 'trafficked the identities of Puerto Rican U.S. citizens, corresponding Social Security cards, Puerto Rico birth certificates and other identification documents to undocumented aliens and others residing in the United States.'"

Rafael Rivera Figueroa, a Worcester resident, has been accused of working as an "identity broker" within the ring. The indictment revealed that once Puerto Rican identities were stolen, members of the ring would sell sets of Social Security cards and birth certificates for $700-$2,500 per set. The customers would allegedly use the sets of documents to apply for state driver's licenses, U.S. passports, or to commit financial fraud.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

The Supreme Court Reverses Conviction in Quintuple Murder Case Due To Prosecutorial Misconduct

2012-01-11T06:53:00.000-08:00

The New York Times reported today that The Supreme Court reversed the conviction of New Orleans man who had been found guilty of murdering five people. The Court held that prosecutors should have released key evidence to the defense under Brady v. Maryland, another Supreme Court decision from 1963, where prosecutors are required "to provide favorable evidence to the defense."

The killings occurred in 1995 when a group of men ambushed a home in order to steal drugs and money. The occupants of the home were forced to lie down and shot to death. Juan Smith was the only person tried in the killings. The prosecution based its case on Larry Boatner, the lone survivor, who presented eyewitness testimony during the trial. Boatner testified "I'll never forget him" as he pointed to Smith. There was no DNA evidence, fingerprints, weapons, or other physical evidence presented at trial to link Smith to the killings.

Later, reports emerged that the prosecution withheld important evidence from the defense where Boatner had stated in interviews soon after the murders that he could not describe the group of men who entered the home, that he had not seen their faces, and would not be able to identify them. Smith's attorney in the Supreme Court case said "the withheld statements from Mr. Boatner 'constitute the epitome of impeachment evidence.'"

The Court had to determine "only whether the failure [to release the evidence] mattered - that is, in the words of a 2009 decision, whether 'there is a reasonable probability that. had the evidence been disclosed, the result of the proceeding would have been different.'"

The Supreme Court voted in an 8-1 decision that the withheld statements were "plainly material" to the outcome of the case.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Union Blocks ICE Agents From Completing Training Course

2012-01-10T06:24:00.000-08:00

The New York Times reported that the National ICE Council, a union representing 7,000 deportation officers in the Immigration and Customs Enforcement (ICE), has prevented its members from participating in a deportation training course that the Obama administration had hoped would be completed by January 13, 2012.

The Obama administration's federal directive would allow agents to use discretion when determining whether a deportation case should be classified as low-priority. Janet Napolitano, Homeland Security Secretary, said that the administration is "mak[ing] good use of strained resources" by allowing agents to prioritize cases. Some examples of immigrants who are here illegally but would be allowed to stay are "elderly people, children, military veterans, college students and parents of young citizens," according to the report. While these cases would be closed, they would not be cancelled. Essentially, low-priority individuals would remain without legal immigration status.

A spokesman for the National ICE Council said during a congressional testimony in October 2011 that the new policy forces ICE agents "to not enforce the law" and that "law enforcement and public safety have taken a back seat to attempts to satisfy immigrant advocacy groups."

Napolitano said that "each deportation cost[s] at least $23,000...immigration agencies have money for 400,000 removals a year, a goal that the Obama administration has met in each of the post three years." With 11 million illegal immigrants residing in the United States, the agents were ordered to focus on "the worst offenders, including criminal convicts, gang members and foreigners who came back after being expelled."

New Immigration Proposal for Undocumented Immigrants

2012-01-06T13:38:00.000-08:00

The Wall Street Journal reported that the Obama administration has proposed a rule that would permit certain undocumented immigrants to remain in the United States while they apply for hardship waivers.

The law currently forces illegal immigrants who wish to apply for green cards to return to their home countries before they can apply for legal status. Once the individual leaves the United States, he or she is barred from returning for at least 3 to 10 years, leaving many families separated for long periods of time.

Under the new proposal, an undocumented immigrants would be able to apply for a provisional waiver while they are still in the United States. Obtaining the waiver will reduce the amount of time an undocumented immigrant must remain abroad in his or her home country while applying for a visa. No action is needed by Congress to enact the rule as "President Obama is making greater use of executive power to overcome congressional resistance to his policy goals," according to a report by the LA Times.

The WSJ interviewed Nancy Kuznetsov, vice president of American Families United, who said "[the proposal] is a wonderful humane change." The article noted that the proposal will likely garner praise from the Latino community, a key constituency in the upcoming 2012 election.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

SJC Rules That State Cannot Exclude Legal Immigrants From Health Coverage

2012-01-06T12:44:00.000-08:00

The Boston Globe reported that the Supreme Judicial Court (SJC) in Massachusetts has ruled in favor of legal immigrants who sued the Commonwealth because they were excluded from state health care coverage.

The SJC's opinion in the case of Finch v. Commonwealth Health Insurance Connector Authority stated that the current law "violates [immigrants] rights to equal protection under the Massachusetts Constitution."

Commonwealth Care is the Massachusetts state program that provides health care coverage and assistance to low-income residents. The Connector Authority administers this program by allowing enrollees to pay a portion of the premium for health insurance while the Connector pays for the remainder. The Commonwealth Care program, enacted in 2006, covered eligible residents - including noncitizen, qualified aliens - to enroll for coverage.

In response to the state's fiscal problems, the state legislature amended the law in 2009 to exclude legal immigrants who have lived in the United States for less than five years - a move the Commonwealth argued was in line with federal law. However, legislative history reflected that the statute's actual purpose was exclusively fiscal concerns with no reference to national immigration policy.

The SJC concluded that "We recognize that our decision will impose a significant financial burden on the Commonwealth...If the plaintiffs' right to equal protection of the laws has been violated...then it is our duty to say so."

To read the case in its entirety, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Supreme Court Issues Opinion in Judulang v. Holder

2012-01-04T06:50:00.000-08:00

The New York Times published an editorial on a recent U.S. Supreme Court case that addressed inconsistent policies applied in immigration law.

In Judulang v. Holder, the Board of Immigration Appeals (BIA) had ruled that the petitioner, Joel Judulang, could be deported because he had been convicted of voluntary manslaughter (an aggravated felony) when he was 14 years old. Judulang, a native of the Philippines, had been a lawful permanent resident in the United States since 1974 when he was 8 years old. The BIA ruled that Judulang could not seek discretionary relief from deportation based on the application of "comparable-grounds" policy where an individual would be denied relief from deportation but allowed for relief for individuals who wanted to enter the country.

The Supreme Court ruled unanimously that this policy is inconsistent and unlawful. Justice Elena Kagan wrote "We must reverse an agency policy when we cannot discern a reason for it" and that such a policy made deportation a "sport of chance...like flipping a coin - heads an alien may apply for relief, tails he may not."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Pew Hispanic Center Poll: Latinos Disapprove Obama's Immigration Policies

2012-01-03T10:56:00.000-08:00

A study by the Pew Hispanic Center revealed that most Latinos disapprove of President Obama's immigration and deportation policies. The annual average number of deportations under the Obama administration has reached a record-setting high, with 400,000 illegal immigrants deported since 2009. Additionally, illegal immigration has decreased, hitting a decade low, because of the economy and increased law enforcement efforts, according to an ABC News blog.

However, most registered Latino voters are throwing their support behind the Democratic Party and President Obama in the upcoming 2012 election. The Pew study did not focus on the Obama administration's recent prosecutorial discretion policy where the Department of Homeland Security (DHS) will direct its efforts on granting reprieves on a case-by-case basis to individuals who do not have criminal convictions. DHS has reviewed 15,000 cases so far, but with a total of 300,000 cases to review, administration officials emphasized that implementing this policy will take some time.

White House spokesman Luis Miranda said to ABC News blog that "This Administration has made dramatic improvements by developing clear immigration enforcement priorities for the first time ever that include focusing on those with criminal records, a smarter approach from a law enforcement perspective that also better reflects our nation's values."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

New Immigration Hotline for Detainees Arrested by Local Police

2012-01-02T11:38:00.000-08:00

The Los Angeles Times reported that the U.S. Immigration and Customs Enforcement (ICE) announced a new hotline established for detainees who "believe they may be U.S. citizens or victims of a crime" if they are held in custody by local law enforcement. The Obama Administration launched the hotline in response to cases where local law enforcement were detaining U.S. citizens, believing they were illegal immigrants.

The hotline is staffed 24 hours a day by ICE personnel, seven days a week, with interpreters fluent in several different languages. Once a phone call is made, a hotline staffer will collect information from the detainee that will be forwarded to the ICE Enforcement and Removal Operations field office. The detainee will be presented with a form available in different languages that will inform them of their rights, including a notification that ICE officials should take custody of the individual within 48 hours. The press release also stated "if ICE does not take them into custody within the 48 hours, they should contact the [law enforcement agency] or entity that is holding them to inquire about their release from state or local custody."

The toll-free number is (855) 448-6903.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Shortage of Representation for Deportation Cases

2011-12-27T07:24:00.000-08:00

The New York Times published an editorial on December 24, 2011, addressing the lack of competent legal representation for individuals facing deportation. The editorial was written based on a study in the Cardozo Law Review that focused on cases in New York state, surveying judges from five immigration courts.

The report revealed that in 14 percent of cases in New York state, "attorneys' preparation and knowledge of the law and the facts were 'grossly inadequate.'" and that growing majority of people had no representation at all. Between October 2005 and July 2010, there were nearly 15,000 cases (27 percent of the total) where immigrants had to appear in court without representation. Indigent immigrants who appear in immigration court are not entitled to court-appointed counsel - a difference between criminal court and immigration court.

Meanwhile, Congress has cut funding for the federal Legal Services Corporation, which impacts not only immigrants seeking legal representation in immigration court, but also a large number of Americans who need legal aid in civil matters such as home foreclosures, evictions, and child support cases.

The New York Times editorial suggested some improvements to the current system. For more information, click here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Improper Testimony Warrants Reversal of Conviction in Child Porn Case

2011-12-26T15:14:00.000-08:00

The United States Court of Appeals for the First Circuitvacated a conviction against William Vazquez-Rivera, a man accused ofpossessing and transferring child pornography. The Court based its decision ongrounds that the prosecution relied heavily on improper testimony that shouldhave been excluded by the District Court during the trial.

Vazquez-Rivera was arrested in 2008 during an FBI operationthat started with an agent posed as a fourteen-year-old girl in a chat roomonline. The messages centered on conversations that were sexual in nature, theexchange of child pornography, and a webcam video of a man who was masturbatingwhere only his genitalia and hands were visible. However, Vazquez-Rivera’s wifetestified that numerous individuals had access to their home and computers atany given time, including a housekeeper, the housekeeper’s children, and herown grandchildren. During cross-examination, one of the agents admitted thatthe government did not investigate the other IP addresses linked to the emailaccount Vazquez-Rivera allegedly used to communicate with the undercover agent.Nonetheless, the jurors returned with a guilty verdict.

The First Circuit Court held that undercover agent’stestimony had “improperly alludes to unnamed investigators’ views withoutexplaining what those were or whether they were based upon the record inevidence or these investigators’ perceptions,” according to the First CircuitCourt’s opinion.

Even though undercover internet sting operations are acommon, useful tactic used by law enforcement to catch predators, there isstill the risk of zeroing in on an individual who may not actually beresponsible for the act agents observe on their computer screens, warned theFirst Circuit Court. It is the duty of the government to link the acts inquestion with the individual accused of the crime beyond a reasonable doubt. Thejury is charged with weighing the facts presented by both sides in a trial, butin this case, the First Circuit Court opined that “the prosecution’s repeated andextensive use of improper testimony” prevented Vazquez-Rivera from having afair trial.

For the complete opinion, click here.

Study Shows Immigration Creates Jobs For U.S. Workers

2011-12-22T06:31:00.000-08:00

The American Enterprise Institute For Public Policy Research (AEI) and the Partnership For a New American Economy released a study that showed immigrants with highly skilled educational backgrounds help improve employment prospects for American workers.

The report stated that "as many as 262 more native-born workers [are] employed for every 100 foreign-born workers with advanced U.S. degrees who work in science, technology, engineering, or math ("STEM") fields." Today, there is no employment visa for students who complete their advanced degrees in the United States. After these students graduate, they are offered a limited period of time to spend in a training program. Congressman Tim Griffin (R-AR) said that the effect of the current program is that "many highly skilled immigrants study in the U.S. but are forced to return home after graduation, where they work to strengthen their home nation's economy to compete against ours."

The AEI/Partnership For a New American Economy study suggested specific legislative proposals that can be read about here.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Puerto Rican Legislature Moves to Eliminate LGBT Protection Under Hate Crime Law

2011-12-14T12:25:00.000-08:00

The Huffington Post reported that Puerto Rico's legislature has been working to eliminate protections currently provided by the existing hate crime law for people based on sexual orientation and gender identity. The U.S. Department of Justice released a report that revealed hate crimes are under-reported in Puerto Rico.

Advocates are estimating that while there have been a reported 17 deaths related to hate crimes against gays in Puerto Rico since 2010, the actual figures are much higher.

One case involved the brutal murder of a gay 19 year-old who was decapitated, dismembered, and burned two years ago in central Puerto Rico. His murder has not been investigated as a hate crime.

LGBT rights activists argue that Puerto Rico's justice system does not protect the gay community and U.S. Representative Nydia M. Velazquez said that amending the hate crime law to "weaken hate crime protections is an unconscionable affront to our community," according to the article.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

United States Citizens Jailed, Accused of Being Illegal Immigrants

2011-12-14T12:00:00.000-08:00

The New York Times reported that the Obama administration's crackdown on illegal immigration inadvertently has led to United States citizens being arrested due to flawed information from the Department of Homeland Security's databases.

Immigration officials lack the authority to detain United States citizens. The report stated that local police officers are following instructions issued by federal immigration officials to detain individuals suspected of being illegal immigrants. Once arrested, every person is fingerprinted and checked against the Department of Homeland Security database for potential matches. If the result matches, local police have authority to hold a suspect for up to 48 hours.

However, Antonio Montejano, an American citizen who was detained on November 5, 2011, told the paper that "I told every officer I was in front of that I'm an American citizen, and they didn't believe me," because he "look[s] Mexican 100%." Montejano was released on November 9, 2011, after the American Civil Liberties Union provided ICE with proof of a United States passport and birth certificate that stated Montejano was born in Los Angeles, California.

There have been 1.1 million deportations since President Obama took office.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

2012 Estate and Gift Tax Exemption Increases

2011-12-13T12:17:00.000-08:00

While the future of the gift tax and estate tax remains in the hands of Congress, we have some certainty for 2012. The Unified Credit Exclusion amount for gift and estate taxes is indexed to inflation and is set at $5.120,000 for the year 2012. The top gift and estate tax rate remains at 35%. Other inflation adjusted numbers have changed including the personal exemption ($3,800) and the standard deduction. More information can be found at Revenue Procedure 2011-52.

United States Supreme Court Overturns Important Board of Immigration Decision About Relief Available to Green Card Holders With Convictions Before April 1996

2011-12-13T07:08:00.000-08:00

The United States Supreme Court reversed the Board of Immigration Appeals Decision, Matter of Blake, 23 I.& N. Dec. 722 (2005) deciding that the BIA had acted arbitrarily in denying relief to immigrants who had certain criminal convictions before April 1996 and found that these green card holders should have been permitted to seek a waiver of deportation. In particularly strong language, the Court stated: "The BIA's [standard for determination] is unmoored from the purposes and concerns of the immigration laws. It allows an irrelevant comparison between statutory provisions to govern a matter of utmost importance - whether lawful resident adults with longstanding ties to this country may stay here." Judulang v. Holder, Dec. 12, 2011.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Supreme Court Will Hear Arizona Immigration Law Case

2011-12-12T10:56:00.000-08:00

The Supreme Court will hear arguments on Arizona's law targeting illegal immigrants in late April, according to a report in The Boston Globe. Immigration is a controversial topic in the upcoming presidential election, and a ruling from the Supreme Court may impact how the issue plays out in the months ahead.

There are approximately 12 million illegal immigrants living in the United States. Border states say that they are disproportionately affected by illegal immigration and needed to enact tough laws to protect its citizens. The Obama administration maintains that regulating immigration is the responsibility of the federal government.

The Arizona law, S.B. 1070, was signed by Gov. Jan Brewer in April, 2010 and the Obama administration sued in July. The 9th Circuit U.S. Court of Appeals in San Francisco upheld a ruling to prevent enforcement of some provisions in the Arizona law, such as "requiring all immigrants to obtain or carry immigration registration papers; making it a state criminal offense for an illegal immigrant to seek work or hold a job; and allowing police to arrest suspected illegal immigrants without a warrant."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Texting While Driving Increased Despite Bans

2011-12-09T06:58:00.001-08:00

The Associated Press reported that according to a survey, drivers sending text messages while behind the wheel increased 50 percent in 2010. The findings were based on a national survey of 6,000 drivers conducted by the National Highway Traffic Safety Administration.

Two out of 10 drivers admit to sending text messages while driving and most of those drivers are young adults. The survey revealed that nearly one in every 100 car drivers was texting, emailing, surfing the Web or otherwise using a hand-held electronic device. The Associated Press article said that many drivers don't think it is dangerous when they text, but feel it is dangerous when others do it.

Thirty-five states, including Massachusetts, have adopted bans on texting while driving. The Massachusetts law went into effect in 2010 and bans the use of sending, writing and reading text messages while driving. Adult drivers are allowed to dial numbers to make phone calls, but drivers under the age of 18 are prohibited from using their cell phones in any manner while driving. The exception is for emergency use, such as calling 911 or calling for roadside assistance. A driver caught texting faces a $100 fine for the first offense, $250 for the second offense, and $500 for the third offense.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

72 Indonesians in New Jersey Fear Deportation

2011-12-07T14:09:00.001-08:00

The New York Times reported yesterday that a community of 72 Indonesians living in central New Jersey for the past two years have been ordered to leave the United States by the Department of Homeland Security. Many of the Indonesians had escaped their homeland because of religious persecution.

The order comes as a surprise to immigration advocates. Earlier this year, the Obama administration shifted its immigration enforcement plan to focus on deporting undocumented immigrants with criminal records. The Department of Homeland Security issued a directive in June, 2011, that urged immigration agents and lawyers to use prosecutorial discretion in handling deportation cases. The report explained that prosecutorial discretion includes consideration of a variety of factors, such as the duration of time an undocumented immigrant has lived in the United States and whether the undocumented immigrant was brought here as a child.

Most of the Indonesians that are seeking help from supporters have been living in the United States for about 10 years, have American-born children, are employed, and have no criminal records - meeting many of the criteria necessary for relief provided by the new prosecutorial discretion directive.

Two members of the House of Representatives have plans to submit a bill to provide relief for the Indonesians who are facing deportation by "allow[ing] certain Indonesians who fled persecution in their homeland between 1997 and 2002 to resubmit asylum claims that had been denied because they missed a one-year filing deadline."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Massachusetts Sues 5 Banks Over Foreclosures

2011-12-05T09:49:00.001-08:00

Massachusetts filed a suit against 5 major banks on December 1, 2011, over unfair and deceptive foreclosure practices. The Associated Press reported that Attorney General Martha Coakley filed the suit against Bank of America Corp., JPMorgan Chase &Co., Wells Fargo & Co., Citigroup Inc., and GMAC. The complaint named Mortgage Electronic Registration System., Inc. (MERS) and its parent company for failure to register legal transfers properly, which led to inaccuracies in Massachusetts' public land recording system.

The article reported that Coakley announced at a press conference that "We have two clear goals with this lawsuit - one is to provide for real accountability for the role the banks have played in unlawful and illegal foreclosures, and secondly to provide for real and enforceable relief for the harm that the misconduct has caused."

There had been settlement talks between the major banks and all 50 states that lingered for over a year following the housing crisis. The lawsuit filed by Attorney General Coakley will expose the banks to greater scrutiny by the court. One day after the suit was filed, GMAC Mortgage said it will cease to purchase new mortgage loans in Massachusetts but will honor its contractual obligations as a servicer and continue to serve existing customers.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

The Credibility of Memory in Court

2011-12-01T13:58:00.001-08:00

The Supreme Court heard oral arguments last month about the reliability of witness testimony in case where a New Hampshire man was convicted of theft. The most persuasive evidence in that trial was an eyewitness account of a woman who claimed she saw the man from a distance at night. While the Court showed skepticism about whether there needs to be an additional safeguard in the law addressing the unreliability of witness testimony, a lawyer for the New Hampshire man argued that eyewitness testimony contributes to 75 percent of wrongful convictions.

Indeed, scientific research on the reliability of memory and its role in the criminal justice system has shown that witness testimony should be viewed as a general sketch of a story instead of a precise recording of events, according to a report in The New York Times. Studies conducted over 20 years support the notion that instead of serving as "the centerpiece of prosecution," eyewitness testimony needs to be handled with "the same fragility and vulnerability to contamination," in order to make such testimony more reliable in court.

Some researchers said that witnesses are being asked questions by police and in courtrooms that are not possible to answer with complete accuracy because human brains "are not wired to retain every facet of an event." Even in crimes involving weapons, witnesses tend to focus closely on the weapon, remembering those details with accuracy, but will not notice other details present during the event.

Many wrongful convictions are based on suspect lineups. Gary Wells, a psychology professor at Iowa State University, and his team researched whether a witness is likely to select accurately a suspect from a traditional lineup versus a lineup where various suspects are shown to the witness in sequential order. Dr. Wells' report showed that a traditional lineup is less accurate because "if the real perpetrator is not in there, there is still someone who looks more like him than the others," according to the article.

A Shift Toward Prioritizing Deportation Cases

2011-12-01T07:05:00.001-08:00

Two Brazilian students in Boston received a stay of deportation proceedings, a sign that the Obama administration has been implementing a federal directive issued back in June, 2011, according to a report in The Boston Globe.

The director of U.S. Immigration and Customs Enforcement urged federal immigration officials to "regularly" use their discretion to keep low-priority deportation cases, such as those involving students, the elderly, and other immigrants, from clogging up the system. The goal of the directive is to give the system an opportunity to deport convicted criminals and other high-priority cases more efficiently.

Homeland Security announced that immigration agents and prosecutors would undergo prosecutorial discretion training by January, 13, 2012.

The Boston Globe reported that "there are approximately 300,000 cases pending in immigration court nationwide and more than 8,000 in the Boston court, according to the Transactional Records Access Clearinghouse at Syracuse University."

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

House Bill Addresses Employment Visa Backlog

2011-11-30T13:22:00.001-08:00

The House of Representatives passed a bill on Tuesday that would modify the immigration system to allow more highly skilled immigrants to obtain permanent resident visas. The goal is to reduce visa backlogs where highly skilled employees who were already approved for legal permanent resident status, primarily from India and China, would then face another 70 years of waiting in order to receive their documentation.

Currently, there are limits on the number of employment-based green cards available annually to each country.
The highly skilled immigrants work primarily for employers in the areas of science, technology, and engineering, and lived in the United States on temporary visas.

Many of these skilled foreign workers are sent from China and India, and are forced to wait many years for their green cards because of the country limit requirement. The bill would eliminate the country limits after a three-year transition period, allowing all employment-based green cards to be issued on a first-come, first-served basis, according to a report from The New York Times. However, the bill does not address the issue of undocumented immigrants in the United States.

The bill is expected to pass in the Senate.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Gov. Deval Patrick Signed Transgender Equal Rights Bill

2011-11-28T14:56:00.000-08:00

Governor Deval Patrick signed the Transgender Equal Rights Bill on November 26, 2011. The new law will provide additional civil rights protections to the transgender community, including protections against hate-crimes. Transgender citizens in Massachusetts will be protected from discrimination in the areas of employment, education, and housing.

There are about 33,000 transgender residents in Massachusetts, according to the Office of the Governor. Massachusetts is the 16th state to designate transgender individuals as a protected class.

Glickman Turley's experienced attorneys represent individuals on a wide range of
immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, orLGBT legal matters.

53 Immigrants Arrested In Massachusetts

2011-11-23T06:47:00.000-08:00

The Boston Globe reported today that the U.S. Immigration and Customs Enforcement arrested 42 men and 11 women for violating federal immigration laws. Many of the immigrants had serious or violent criminal convictions. The detainees are now in ICE custody, facing deportation proceedings.

The arrests occurred in towns throughout Massachusetts, including: Attleboro, Boston, Brockton, Chelsea, Dorchester, Everett, Fall River, Framingham, Lowell, Lynn, Milford, New Bedford, Peabody, Roxbury, Waltham, and Worcester.

Spike in EB-5 Visa Applications Amidst U.S. Recession

2011-11-22T14:27:00.000-08:00

Wealthy foreign investors are turning to the EB-5 visa program as a way to qualify for residency in the United States in the aftermath of the U.S. recession. Most of the applicants are from China, with increasing interest from the Latin American elite who are eager to leave home countries, such as Mexico and Venezuela, that are rife with drug violence and political turmoil, according to a report by The Miami Herald.

EB-5 visa applicants are required to invest either a minimum of $500,000 in a U.S. project or business within a high unemployment or rural area, or a $1 million anywhere in the U.S., so long as the investment generates at least 10 jobs for U.S. workers within 2 years. Once the petition is approved, the applicant may bring his or her family to the U.S. under a conditional EB-5 visa that may become permanent if the investment is a success.

There is a risk that if the requirements are not met by the end of the two-year period, the applicants will face deportation. If the project is modified, the applicant must complete a new application to comply with USCIS requirements. The applicant must be able to prove that the investment money was obtained legitimately.

The Obama administration hopes that by making the EB-5 visa process more efficient, wealthy foreign nationals will make investments that will create more jobs for Americans. There is a bill in the Senate that proposes a similar program to help the housing market where foreign nationals would qualify for a visa if they spend $500,000 on real estate.

Glickman Turley's experienced attorneys represent individuals on a wide range of
immigration matters, as well as other legal issues. Please contact our

attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Spaulding Hospital North Shore Treats Libyans Injured During Revolution

2011-11-21T15:34:00.001-08:00

Libyans who were injured during the uprising against Moammar Khadafy's regime are being treated at Spaulding Hospital North Shore in Salem, Massachusetts. The Libyan National Transitional Council cooperated with the US State Department to facilitate the transfer of the twenty-two wounded men, who are between the ages of 16 and 49. The injuries include bullet wounds, broken bones, post-traumatic stress disorder, nerve and spinal damage, according to The Boston Globe's report. Several of the patients were civilians who were protesting peacefully or transfering medical supplies when they were severely beaten by Khadafy's forces.

The hospital staff prepared for the Libyan patients by undergoing cultural training sessions, installing satellite television so that patients can watch Arabic-language programming, and providing access to computers with Skype to help the patients keep in touch with family members in Libya. One of the patients told The Boston Globe that "It has been a kind and very sincere welcome. It has changed completely my vision of America."

Department of Homeland Security to Review Immigration Court Deportation Proceedings

2011-11-18T12:13:00.000-08:00

The Department of Homeland Security ("DHS") will review pending
immigration court removal and deportation proceedings to determine which
cases should be dismissed because they qualify for discretionary
relief. Cases involving immigrants who qualify for Dream Act benefits,
have close family relations, are elderly, or who served in the military
may be dismissed at the request of DHS. DHS will seek to more quickly
adjudicate cases where the immigrant has been convicted of a serious
criminal offense, are threats to national security or who have prior
orders of deportation. DHS intends to begin by reviewing newly filed
immigration cases and then expanding the review to longer pending
cases. DHS intends to provide their attorney with more authority to
seek dismissal of appropriate cases. DHS is quoted as stating: "We are
empowering the attorneys [DHS Trial Attorneys] nationally to make them
more like federal prosecutors who decide which cases to bring."

Prosecutorial Discretion for Deportations Handled Unevenly

2011-11-14T08:10:00.000-08:00

The New York Times reported that the Department of Homeland Security is applying new policies encouraging consideration of prosecutorial discretion unevenly throughout the United States. In various cases, Immigration and Customs Enforcement (ICE) has granted relief to immigrants facing deportation even without advocacy. Many of these cases involve immigrants who would have qualified for relief under the DREAM Act pending before Congress. In other circumstances, ICE has resisted granting prosecutorial discretion in the face of guidelines encouraging leniency.

GLAD Event: "Access Denied, DOMA and Immigration A Community Forum"

2011-10-28T07:46:00.000-07:00

Specialists from GLAD, Immigration Equality, and Iandoli and Desai P.C. will discuss the latest developments in the fight against the Defense of Marriage Act (DOMA) as it relates to immigration tomorrow, Saturday Oct. 29, 2:00-5:00 p.m. at Harriet Tubman House, 566 Columbus Avenue, Boston, MA 02118. See GLAD website for more information and to RSVP.

Report Highlights Laws and Policies That Fail to Protect Children With LGBT Parents

2011-10-27T14:07:00.000-07:00

A report recently released by the Movement Advancement Project, the Family Equality Council, and the Center for American Progress, highlights the hardships faced by children of LGBT parents in the United States. The report is entitled All Children Matter: How Legal and Social Inequalities Hurt LGBT Families, and explains that current laws create barriers to achieving "loving, stable homes for children" by denying children of LGBT parents legal ties to one parent, parents' ability to act as effective guardians of their children, denying LGBT families financial protection when a parent dies or is disabled, and denying children of LGBT parents the protections of family unity under federal immigration law. The report also illustrates that LGBT families are more likely to fall through government safety net programs, and are more likely to be poor. The report concludes with "recommendations for policymakers to help reduce or eliminate inequities, and improve the lives of children with LGBT parents." A copy of the full report can be found here. Also see video of panel discussion of the report hosted by Center for American Progress Event:

NY Highest Court Rules Deported Immigrants Entitled To Appeals

2011-10-26T01:30:00.000-07:00

The New York Court of Appeals, in a decision on two companion cases (People v. Gardner and People v. Ventura), ruled yesterday that the Appellate Division, Second Department, abused its discretion by declining to hear appeals in criminal cases because the defendants had been deported after being released from jail. Carlos Ventura was deported to the Dominican Republic in 2008 after being convicted of stealing a car. Damian Gardner was deported to Jamaica for overstaying his visa in 2009 after being convicted of seventh-degree drug possession and serving 60 days in jail. The Court of Appeals ordered review of both cases on the merits and stated: "Ventura and Gardner had an absolute right to seek appellate review of their convictions...[they] were involuntarily removed from the country and their extrication lacked the scornful or contemptuous traits that compel courts to dismiss appeals filed by those who elude criminal proceedings...they, and other similarly situated defendants, have a greater need to avail themselves of the appellate process in light of the tremendous ramifications of deportation." See article in Wall Street Journal. The opinion can be found here.

Obama to Unveil Refinance Program

2011-10-24T07:01:00.000-07:00

Obama will discuss on Monday a new housing program to be implemented by the Federal Housing Finance Agency. "[T]he initiative will relax eligibility standards for a federal refinancing program, "allowing those who owe more on their house than it is worth to take advantage of loans with lower interest rates." The new rules will apply to homeowners with federally guaranteed mortages who are current on their payments. Obama will be disussing the initiative during a meeting with homeowners on Monday in Las Vegas. See Associated Press article.

DNA Test Clears Charges Against Henry James

2011-10-21T14:23:00.000-07:00

A judge late yesterday vacated the rape conviction and dismissed the charges against Henry James after DNA testing conducted on the crime scene proved his innocence. The Innocence Project says that James had been incarcerated for almost 30 years, and served longer than any other person in Louisiana who was later cleared through DNA testing. James was sentenced to life in prison without parole after he was convicted in 1982 of rape. Misidentification has played a role in 75% of the DNA exoneration. See recent article in the Boston Globe and the Innocence Project Press Release.

PBS Frontline: Lost In Detention

2011-10-19T08:43:00.000-07:00

PBS's Lost in Detention aired last night, revealing the inside of immigrant-detention centers and examining the immigration detention system. Here is a link to the film.

If you are an immigrant in deportation/removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Deportation Program and Effect on Latino Immigrants

2011-10-19T07:44:00.000-07:00

A report by two law schools, released on Wednesday, has found that the immigration program, Secure Communities, has led to a broad and disproportionate impact on the removal of Latino immigrants and has also led to the arrests of hundreds of United States Citizens. About a third of around 226,000 immigrants who have been deported under the program have also had spouses or children who were United States citizens, displaying a" broad impact from those removals on Americans in Latino communities." See recent article in the NY Times.

If you are an immigrant in deportation/removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Cancellation of Removal of Non-LPR (Non Lawful Permanent Residents) and Abused Immigrants

2011-10-05T08:24:00.000-07:00

Glickman Turley LLP attorneys recently won two applications for cancellation of removal of non-LPR residents pursuant to INA Sec. 240A(b).

In one case, our attorneys demonstrated that our client’s young U.S. citizen children would suffer “exceptional and extremely unusual” hardship if their father were deported back to his native Portugal. The client’s sons were pre-school children who suffered medical issues at birth that continued throughout their lives. The children currently suffered from asthma and learning disabilities.

In another recent case, our attorneys represented a woman who had suffered decades of abuse at the hands of her father. Because he was a U.S. citizen, she qualified for special-rule cancellation, which provides green cards to victims of domestic violence from U.S. citizen and LPR spouses, parents and children. The applicant needs to have lived in the U.S. for three years.

Special-rule cancellation of removal provides relief to abused immigrants in ways not available through affirmative VAWA self-petitions to USCIS. In cases of special-rule cancellation for children of abusive LPR parents, cancellation immediately grants LPR status, as compared to VAWA self-petitions that require the LPR children to wait for green cards pursuant to LPR children priority-date waitlists.

In cases of special-rule cancellation of removal for abused spouses, the applicant’s marriage to the abuser could have ended more than two years prior to the application for relief. This is an important distinction from VAWA self-petitions where the self-petition must be filed within two years of the divorce.

If you are an immigrant in deporation / removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief including cancellation of removal.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Immigration Court & Prosecutorial Discretion

2011-10-05T08:22:00.000-07:00

Glickman Turley LLP attorneys’ advocacy resulted in approvals of requests to exercise prosecutorial discretion to terminate removal / deportation proceedings in the Boston Immigration Court. Our attorneys filed compelling petitions to the Department of Homeland Security Immigration and Customs Enforcement agency (ICE) setting forth reasons why particular clients should not be in removal proceedings. ICE attorneys responded favorably to our requests within two weeks.

If you are an immigrant in deporation / removal proceedings, our attorneys can review your record and help you understand whether you are eligible for any relief including an excercise of prosecutorial discretion.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Adjustment of Status (Green card) for “EWI” Salvadoran with TPS

2011-10-05T07:59:00.000-07:00

Glickman Turley LLP successfully represented a Salvadoran man who first entered the U.S. without a visa (also known as “entered without inspection” or “EWI”). Two years ago, the client traveled to El Salvador pursuant to “advance parole” issued by USCIS in order to attend to a family emergency in his home country. When he returned to the U.S., he was paroled into to the U.S. This parole cured his “EWI” problem, making him eligible to adjust status through his U.S. citizen wife.

He nonetheless required an I-601 Application for Waiver of Inadmissibility to overcome the 10-year bar for having been present from the U.S. without authorization for over one year. Glickman Turley LLP prepared a compelling waiver application, demonstrating clear “extreme hardship” to his U.S. citizen wife who was pregnant and infant U.S. citizen son. The wife suffers medical issues including post-partum depression and the infant suffered various medical complications resulting from pre-mature birth and also suffers from asthma.

If you are an immigrant with TPS and/or EWI entry, our attorneys can review your record and help you understand whether you are eligible for any relief including a "green card" or adjustment of status.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Crimes and Deportation/Removal

2011-09-28T10:48:00.000-07:00

Every day, ICE (Immigration and Customs Enforcement) devotes more resources to arresting and deporting immigrants (aka aliens) with criminal records and convictions. Some immigrants with criminal convictions (including some crimes involving moral turpitude) have defenses to deportation/removal. Others, such as those convicted of aggravated felonies, have little or no relief, except protection under the convention against torture. Even "green card holders" (lawful permament residents) can be deported for criminal convictions. See a recent Boston Globe article about 111 arrests of "criminal aliens" in New England.

If you are an immigrant and have criminanl convictions or arrests, our attorneys can review your record and help you understand whether you are deportable/removable, and if so, what if any defenses to deportation you may have.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigration matters, as well as other legal issues. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil litigation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, same-sex parent adoptions, guardianships, animal law, or LGBT legal matters.

Supreme Court to Decide Whether Children Can Count Parents' Time in the US in Immigration Court

2011-09-28T10:07:00.000-07:00

The United States Supreme Court has agreed to decide whether immigrant children can count the time that their parents were in the United States to establish the residency requirements to obtain relief from deportation in Immigration Court. Legal permanent residents in deportation proceedings generally must establish seven years residence before the Immigration Court proceedings commenced to be eligible for relief from deportation. The Court of Appeals for the Ninth Circuit (California and the Northwest) has ruled that the time that an immigrant child's parents have been residents in the United States can be counted in determining the length of stay for the child's legal status. The Court of Appeals for the First Circuit (Massachusetts and New England) has not ruled on this question. The Supreme Court will hear an appeal from the Attorney General from the Ninth Circuit's decision. If upheld, some children of legal permanent residents will be eligible to remain in the United States who would otherwise be liable for deportation.
Contact the immigration attorneys of Glickman Turley LLP for a consultation regarding your elegibility for relief from deportation. You may speak with an attorney in English, Spanish, or Portuguese.

Congressmembers Urge Immigration Officials to Consider LGBT Family Ties in Deportation Cases

2011-09-27T11:27:00.000-07:00

As reported by Immigration Equality (immigrationequality.org), some members of Congress urged immigration officials to consider LGBT (lesbian, gay, bisexual, transgender, transexual) family ties in deportation cases.

Under current immigration laws, US citizen and green card holders with same-sex spouses do not have the same right as heterosexual spouses in petitioning for marriage-based visas or other derivative based relief (for example, asylum) or using marital status as a positive equity in deportation/removal cases.

Glickman Turley's experienced attorneys represent individuals on a wide range of immigraiton matters, as well as LGBT issues. We represent families who need help in same-sex co-parent adoptions and non-traditional family estate planning. Please contact our attorneys if you wish to discuss representation on immigration matters, real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil ligitation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, adoptions, guardianships, animal law, or LGBT legal matters.

U-Visa for Victims of Crime

2011-09-21T12:49:00.000-07:00

Attorneys at Glickman Turley LLP represent a variety of clients on U-visa petitions. Our clients who have been victims of domestic violence, sexual crimes, and racially motivated attacks have been granted protection in the US in the form of a temporary 4-year U-visa and later permanent resident status.

You may be eligible for a U-visa if you have been the victim of a crime in the US, have suffered substantial physical or emotional injuries, and helped or will help law enforcement with the investigation or prosecution of the crime. Please contact our attorneys if you believe that you may be eligible for a U-visa or if you would like to discuss representation on other immigration matters. Our attorneys also represent clients on matters relating to real estate purchase and sales, condominium associations, criminal defense, non-profit law, civil ligitation, business litigation, business law, probate matters including wills, powers of attorney, health care proxy, adoptions, and guardianships, animal law, gay lesbian bisexual transgender law.

Also, please see a recent USCIS memorandum regarding its approval of 10,000 U-visa petitions in the past year.

Task Force Criticizes ICE Deportation Policies

2011-09-20T06:40:00.000-07:00

A task force advising Immigration and Customs Enforcement ("ICE") criticized the ICE program, Secure Communities, which requires local law enforcement, including the police department to assist ICE in deporting immigrants who lack legal status in the United States. The Task Force stated that the policy resulted in the detention and deportation of immigrants arrested for minor traffic violations and did not apply, as intended, mostly to immigrants with serious criminal convictions. Under Secure Communities, anyone arrested by local or state police are checked with an FBI fingerprint database and if they are listed in the ICE database, ICE may initiate deportation proceedings. The Task Force advised that ICE should make fuller use of prosecutorial discretion and concentrate on those persons with serious criminal felonies.

Sentencing Guidelines

2011-08-19T12:06:00.000-07:00

The U.S. Sentencing Commission has revised its Guidelines to include to provisions relating to immigrants with criminal convictions. The Federal Public Defender Office of the Southern District of Texas provides a summary of the amendments.

Glickman Turley attorneys represent immigrants in all immigrantion matters and matters of criminal defense in state and federal courts in Massachusetts, New Jersey and Pennsylvania. We represent immigrants in deportation and removal proceedings on applications for cancellation of removal, asylum, withholding of removal, protection under the United Nations Convention Against Torture, adjustment of status, voluntary departure and other matters.

Please contact us if you would like to discuss representation on immigration or criminal matters.

Supervised Release“The 2011 amendments encourage more discretion in the imposition of supervised release where a term is not statutorily required. The Commission discourages imposition of supervised release for non-citizen defendants who will be deported. See USSG § 5D1.1(c) (Nov. 1, 2011). This revision is designed to “help courts and probation offices focus limited supervision resources on offenders who need supervision.” Id. (citing Johnson v. United States, 529 U.S. 694, 709 (2000)). Consideration of the factors set forth in 18 U.S.C. § 3553(a) supports elimination of a supervised release term for a non-citizen. Supervised release does not benefit a non-citizen subject to deportation because he cannot be supervised. Nor is it necessary as a deterrent to an alien already facing potential twenty-year sentence should he return illegally. See 8 U.S.C. § 1326(b)(2). The 2011 amendments also lower the advisory minimum term of supervised release to two years for Class A and B felonies and one year for Class C and D felonies. USSG § 5D1.2(a) (Nov. 1, 2011). In addition to the statutory factors set forth in 18 U.S.C. § 3583, the Commission recommends that the court consider a defendant’s criminal history and substance abuse in deciding whether and for how long to impose supervised release. USSG § 5D1.1, comment. (n.3). The Commission also encourages early termination where appropriate. USSG § 5D1.2, comment. (n.5) (Nov. 1, 2011).”

Illegal Reentry – Remote Convictions“In contrast to other Guideline provisions, an alien’s convictions are included in calculating the offense level for illegal reentry under USSG § 2L1.2 regardless of whether they count for criminal history purposes. In United States v. Amezcua-Vasquez, 567 F.3d 1050 (9th Cir. 2009), the Ninth Circuit held that the age of a defendant’s prior conviction could be the basis for a sentence below the Guidelines. The Commission has taken to heart the Ninth Circuit’s reasoning in Amezcua-Vasquez. The 2011 amendments provide that a sixteen-level enhancement that does not count for criminal history should receive only twelve levels, while a remote twelve-level conviction should receive eight levels. USSG § 2L1.2(b)(1)(A), (B) (Nov. 1, 2011). The ommission emphasizes that with the exception of this amendment, convictions count in determining the offense level regardless of whether they r receive criminal history points. USSG § 2L1.2, comment. (n.1(C)) (Nov. 1, 2011). The Sentencing Commission encourages departure where the offense level “substantially overstates or understates the seriousness of the
prior conviction.” USSG § 2L1.2, comment. (n.7). For example, an upward departure is authorized where a defendant is convicted of simple possession or transportation but the quantity involved exceeds a quantity consistent with personal use. Downward departure is encouraged where the defendant receives a sixteen-level
enhancement for a conviction that does not meet the definition of aggravated felony. Id. The 2011 amendments add an upward departure based on the extent or seriousness of the conduct underlying the offense in cases where the new reduced offense level for remote convictions applies. USSG § 2L1.2, comment. (n.7) (Nov. 1, 2011).”

Obama Agrees to Stop Deportation of Many Young Immigrants

2011-08-19T11:46:00.000-07:00

The Obama administration announced Thursday that it would suspend deportation proceedings against many illegal immigrants who pose no threat to national security or public safety, according to a recent New York Times article.

The purpose of this policy is to allow the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) agency to devote its resources to deporting high-priority immigrants, such as those with criminal records.

This relief will allow many immigrant children to remain in the United States, especially if they have lived in the U.S. for many years and have gone to school or want to go to school in the U.S.

Glickman Turley attorneys represent immigrants in all immigrantion matters. We represent immigrants in deportation and removal proceedings on applications for cancellation of removal, asylum, withholding of removal, protection under the United Nations Convention Against Torture, adjustment of status, voluntary departure and other matters.

Please contact us if you would like to discuss your immigration status. We will continue to follow this excellent delevelopment for young immigrants and hope for more progress in reforming the immigration system.

New Consular Visa Filing Rules

2011-08-15T13:47:00.000-07:00

Under a new U.S. Citizenship and Immigration Services ("USCIS") rule, consular processing of family based visa petitions will be filed in the Chicago office of USCIS instead of with the US Consulate where the beneficiary of the petition lives. It is expected to delay the processing of the petitions which were often issued relatively quickly by the Consulates. Some persons living in countries, such as Mexico, El Salvador, Panama, Jamaica, Dominican Republic, India, Ghana, South Africa, China, Thailand, Russia and the Philippines, where USCIS maintains field offices, may file their I-130 petitions with the field offices in their home country.

ICE Enforces "Secure Communities"

2011-08-15T13:42:00.000-07:00

Immigration and Customs Enforcement ("ICE") has stated that it will carry out the "Secure Communities" initiative despite opposition from Governor Deval Patrick and Mayor Thomas Menino. Under Secure Communities, all persons who are arrested, even for traffic related violations, have their fingerprints checked with the FBI database. If there is a match for an immigration violation, ICE may place the person in deportation and immigration detention. Despite representations that Secure Communities is meant to target gang members and serious criminal convictions, Boston's police commissioner stated that immigrants with trafffic violations are also being deported from the United States. According to a recent New York Times article, about 200,000 immigrants live in Boston and are about 1/4 of the population of the city.

U.S. Trademark Representation//Intellectual Property

2011-08-04T08:32:00.000-07:00

Intellectual Property Representation
Glickman Turley LLP represents individuals and companies on applications for U.S. trademark registration. We successfully represented domestic and international high-tech companies, internet media companies, and local professional services businesses on their applications for registration in the United States Patent and Trademark databases.

Trademarks, copyrights, and patents protect different types of intellectual property.
• A trademark protects brand names and logos used on goods and services. A trademark is a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others.
• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than goods.
• A copyright protects an original artistic or literary work.
• A patent protects an invention.

Importance of a Federal Trademark Registration
Owning a federal trademark registration on the Principal Register provides several advantages, including providing public notice of your claim of ownership of the mark, which may protect you in negotiations and federal actions against others who infringe upon your use of the mark. A U.S. federal trademark can be protected in foreign countries too.

This information is available in the USPTO publication, “Basic Facts about Trademarks.” The U.S. Patent and Trademark Office’s website provides useful information about intellectual property.

USCIS Tweet

2011-08-03T13:54:00.000-07:00

Glickman Turley LLP follows USCIS on Twitter. Follow us at G_T_LLP.

A few hours ago, USCIS tweeted:

Do you know about the benefits of #naturalization and responsibilities of #citizenship? The information is here www.uscis.gov/natzguide

Success on Asylum and Torture Cases

2011-08-01T11:40:00.000-07:00

Glickman Turley attorneys recently represented two successful applicants for asylum and protection under the convention against torture.

We successfully represented a gay client who affirmatively sought asylum because of her fear of being persecuted on account of her sexual orientation in her Caribbean home country. The victory in this case involved a showing that the client's exceptional circumstances merited a waiver to the rule that affirmative asylum applications must be filed within one-year of entering the U.S.

In addition, we successfully represented a young man with a criminal history on his application for protection against torture on account of his parents' involvement in human rights activism and truth and reconciliation efforts in his Central American home country.

Please contact Glickman Turley LLP if you would like to discuss your immigration status or other legal issues.

Governor Patrick Supports In-State Tuition for All Massachusetts Residents

2011-08-01T11:37:00.000-07:00

We are pleased that Governor Patrick recently showed his public support for allowing Massachusetts residents—regardless of their immigration status—to access Massachusetts state colleges and universities at in-state tuition prices.

At a July 20, 2011 State House hearing, Governor Patrick reminded constituents and lawmakers that the immigrants who would benefit from in-state tuition are “real people - individuals, students, and families - whose ambitions are caught up in the only community in most cases that they know.’’

See the full Boston Globe article on Boston.com. Contact Glickman Turley LLP if you would like to discuss your immigration status or other legal issues.

More Mexicans Obtaining US Visas

2011-07-11T11:54:00.000-07:00

July 11, 2011 - The New York Times has reported that officials at the United States Embassy in Mexico City are permitting more Mexicans to obtain visas to visit and work in the United States. As a result, rejections of visa requests has dropped dramatically. Waiting times for visas has also decreased and some H-2B visas are issued on the day of application. Consular Officer McKeon stated that persons who are subject to the 3 or 10 year bar to re-entry because they have previously overstayed their visa may be able to successfully seek permission to re-enter the United States with a waiver. Officer McKeon stated: "It's not easy going through this process and I think people who are willing to go through all of that and risk going back to the United States where they have to pay taxes, and withholding, I think we should look favorably on them. The New York Times article is available at www.nytimes.com./interactive/2011/07/06/world/americas/immigration.html.

Governor Appoints Turley to Board

2011-06-21T11:42:00.000-07:00

Governor Deval Patrick has appointed Attorney Donna M. Turley to the Board of Registration in Veterinary Medicine. She represents the public on a five member board. The other members are veterinarians. The Board of Registration in Veterinary Medicine licenses veterinarians and protects the public by ensuring that veterinarians practice according to the laws of the Commonwealth and established standards and codes of conduct. The Board meets monthly and oversees complaints of professional malpractice and misconduct.

Good News: Animal Rescue Foster Care Expenses Tax Deductible

2011-06-03T07:01:00.000-07:00

The tax court has just found in favor of a taxpayer who claimed that certain unreimbursed expenses she incurred fostering feral cats were charitable deduction. The tax payer volunteered with a 501(c)(3) charitable group, foster homes were part of the group's mission, the group could request her services at will, and it indirectly oversaw her work. Her deductions were subject to the substantiation requirements of charitable donations both above and below the $250 cash threshold. The court determined that the taxpayer's records substantially complied with the rules for substantiating cash donations of less than $250, even though the records showed the amounts of the expenses and to whom they were paid, rather than the name of the charitable organization and the amounts donated. These were the correct rules to use because donations of less than $250 were categorized either as cash or as property, and unreimbursed volunteer expenses more closely resembled cash donations according to the court. However, the court determined that the taxpayer could not deduct her expenses that exceeded $250 because she had not obtained contemporaneous acknowledgment from the charity.

The citation is Van Dusen, 136 TC ___, No. 25, Dec. 58,642.

For our clients, this means that if you foster animals for a charitable organization, your costs are charitable contributions if you are not reimbursed for those costs. Remember to keep good records about the cost and the purpose, and if any single cost is $250 or more, have the rescue group acknowledge the non-cash contribution in writing.

Department of Homeland Security ("DHS") Extends Temporary Protected Status ("TPS") for Haitians in the United States

2011-05-18T11:06:00.000-07:00

The Department of Homeland Security ("DHS") today extended Temporary Protected Status ("TPS") for Haitians living in the United States for an additional 18 months. Shortly, DHS will issue eligibility requirements and instructions for how to register (those who entered the US within one year after the earthquake) and re-register (those who have alaredy been granted TPS status).
This means that those Haitian citizens, in the United States, who have been granted TPS as victims of last year's earthquake are able to remain in the United States for another year and one half. DHS's order also extends eligibility for Haitians who may not have met with criteria for TPS previously. Initially, only those Haitians who were in the United States at the time of the earthquake were able to apply for TPS relief. Now, under the new order, eligible Haitians who came to the United States within one year after the earthquake may be eligible to obtain TPS status. This measure provides much-need relief to many Haitians who were devastated by the effects of the earthquake and fled to the United States to seek safety.

President Obama's commitment to immigration reform

2011-05-11T13:19:00.000-07:00

President Obama reaffirmed his commitment to immigration reform recently when he spoke at the Chamizal National Memorial on the Mexican border . He stated: "One way to strengthen the middle class in America is to reform the immigration system so that there's no longer a massive underground economy that exploits a cheap source of labor while depressing wages for everybody else." He also expressed his wish for Congress to pass the Dream Act and enact comprehensive immigration reform. It is important for all of us to continue to contact our Senators and Congressional representatives and tell them that true, fair and comprehensive immigration reform is necessary.

Please contact our attorneys if you would like to discuss family-based immigration, employment-based immigration, deportation/removal, asylum, VAWA, criminal immigration and your other legal needs.

Attorney General Holder Takes Important Step in favor of Immigration Benefits for Same-Sex Couples

2011-05-05T13:59:00.000-07:00

Today the Attorney General of the United States took the extraordinary step of vacating a decision of the Board of Immigration Appeals ("BIA") relating to adjustment of status for same-sex spouses of U.S. citizens. The Attorney General directed the Board to examine how the constitutionality of the Defense of Marriage Act ("DOMA") applies to the case. Attorney General Holder's action is important because it could ultimately result in allowing same sex partners of United States citizens to apply for legal permanent resident status or "green cards" that for over a century have been granted to heterosexual spouses of US citizens.

Please contact immigration attorney Ellen Sullivan if you have questions about your immigration matters.

Supreme Judicial Court Protects Consumers in Recent Decision

2011-05-05T08:07:00.000-07:00

In response to a request by the U.S. Court of Appeals, the Supreme Judicial Court of Massachusetts opined that real estate closings are the practice of law and cannot be conducted by escrow companies. Clearing title and interpreting the status of title, as well as drafting and interpreting deeds and other documents by which legal rights are created, modified, surrendered or secured are acts which only an attorney should be doing in order to protect those bounds by these documents. "(W)e believe that a lawyer is a necessary participant at the closing to direct the proper transfer of title and consideration, and to document the transaction, thereby protecting the private legal interests at stake as well as the public interest in the continued integrity and reliability of the real property recording and registration systems. "

This decision will also have an effect on out of state immigration lawyers which have satellite offices in Massachusetts but no real presence for the consumers using their services.

When you call Glickman Turley, attorneys answer your calls. There is no one between you and your lawyer. We protect your interests.

The decision can be found on the website for the Supreme Judicial Court. It is Real Estate Bar Association v. National Real Information Services, 459 Mass. 512 (2011).

Protection for Dream Act immigrants

2011-04-29T13:35:00.001-07:00

The New York Times has reported that Immigration and Customs Enforcement("ICE") has suspended deportation proceedings against some undocumented residents of the United States who are attending school and do not have any criminal convictions. Those students are being permitted to remain in the United States and complete their studies and are likely also eligible to receive work permits for the time they remain in the United States. An ICE agent was quoted as stating that ICE "was supposed to be concentrating on criminals, not on Dream students." This apparent
change in policy may benefit many students who would qualify for legal status under the proposed Dream Act, but are presently subject to deportation.

Protection from Deportation/Removal for Same-Sex Couple

2011-03-28T13:09:00.000-07:00

For the first time, according to Voice of America, a U.S. judge has suspended the deportation of the foreign-born same-sex spouse of an American citizen. Read full article here.

This is another important victory in the fight for equal rights for same-sex couples. However, despite the victory, this immigration judge’s decision is not binding on any local, state or federal court, including any immigration court. Likewise, the decision does not affect USCIS’s policy of adhering to DOMA’s definition of marriage.

We at Glickman Turley LLP support and strive for equal protection under the law for same-sex couples. We look forward to future progress towards this important goal. Please contact us if you have questions and would like to set up a consultation with an attorney.

Good Case Interpretting Padilla v. Kentucky

2011-03-14T11:44:00.001-07:00

Our attorneys represent clients on motions to vacate criminal convictions. Success on a motion to vacate is sometimes the only way that a Lawful Permanent Resident can defend himself against deportation/removal from the U.S. An important case about motions to vacate was recenlty decided by the 9th Circuit Court of Appeals.

On March 11, 2011 in US. v. Bonilla, the 9th Circuit Court of Appeals held:

"A criminal defendant who face almost certain deportation is entitled to know more than that it is possible that a guilty plea could lead to removal; he is entitled to know that is a virtual certainty."

US v. Bonilla, No. 09-10307, 3428 (9th Cir. 2011).

This holding emphasizes the U.S. Supreme Court decision Padilla v. Kentucky that held:

"It is our responsibility under the Constitution to ensure that no criminal defendant—whether a citizen or not—is left to the "mercies of incompetent counsel." Richardson, 397 U.S., at 771, 90 S.Ct. 1441. To satisfy this responsibility, we now hold that counsel must inform her client whether his plea carries a risk of deportation. Our longstanding Sixth Amendment precedents, the seriousness of deportation as a consequence of a criminal plea, and the concomitant impact of deportation on families living lawfully in this country demand no less."

Padilla v. Kentucky, 130 S.Ct. 1438, 1486 (2010).

US v. Halloway in Immigration Court

2011-03-09T07:56:00.000-08:00

Glickman Turley LLP has taken to the Boston Immigration Court the issues presented in the First Circuit Decision, US v. Halloway, No. 09-1232(1st Cir. 2011). Specifically, we argue that assault and battery on a public official (M.G.L. c. 265, Sec. 13D) is not a crime of violence, and therefore the respondent cannot be removable as an aggravated felon if convicted of ABPO and sentenced to over one year term of imprisonment.

This new interpretation of First Circuit law would permit a Lawful Permanent Resident (LPR)to apply for a new "green card" through cancellation of removal at the Immigration Court.

Commercial Landlords Beware!

2011-03-01T08:24:00.000-08:00

In a precedent setting case issued today, the Massachusetts Supreme Judicial court found that under G.L. c. 186, § 19, after receiving the required notice of an unsafe condition, not caused by the tenant, a landlord of any real estate owes a duty to exercise reasonable care to remedy the unsafe condition. If a tenant or any person lawfully on the premises is injured as a result of the failure to correct the unsafe condition within a reasonable time, the injured party has a right of action in tort against the landlord for damages. A landlord may not obtain a waiver of this duty in any lease or other rental agreement; any such waiver "shall be void and unenforceable. This law is for the first time applied to commercial leases. Previously, it was applied only in the residential real estate setting. The name of the case is Bishop v. TES Realty.

Senators Look Toward Immigration Reform

2011-02-08T06:41:00.000-08:00

Senators Charles Schumer (Democrat) from New York and Lindsey Graham (Republican) from South Carolina are reportedly discussing renewing efforts in Congress to enact comprehensive Immigration Reform. According to an article in the on-line political news site, Politico, some congressional representatives believe there is a "shot at reform" this year. Reform could include the DREAM act which would permit enrolled college students to apply for legal permanent resident status and could also include provisions for temporary workers and possibly long term relief for other immigrants in the United States.

Continuance of Removal Proceedings to Pursue Family-Based I-130 Visa Petition

2011-02-04T15:16:00.001-08:00

Malilia v. Holder, No. 05-77387, Agency No. A029-554-456 (Feb. 3, 2011)

On February 3, 2011, the Ninth Circuit Court of Appeals remanded a case to the Immigration Judge to reconsider his request for a continuance to pursue a marriage-based I-130 visa petition.

In this case, Malilia had pled guilty to delivering a package containing firearms, in violation of 18 U.S.C. Sec. 922(e). The Ninth Circuit held that because Malilia had been convicted of a deportable offense, it did not have jurisdiction to consider Malilia's challenges to the removal order claim that he was not convicted of a deportable offense. However, the Ninth Circuit held that the IJ abused its discretion by denying Malilia's motion to continue removal proceedings. The Ninth Circuit held that the IJ could delay proceedings, even for a long or indefinite period, if the immigrant meets the burden of showing good cause for the continuance.

Glickman Turley attorneys represent clients on all immigration matters before USCIS, the Immigration Court, District and Circuit Courts, and the Board of Immigration Appeal.

Immigration Court Relief - Asylum and Convention Against Torture

2011-02-02T13:54:00.000-08:00

The Executive Office of Immigration Review (EOIR) has published its 2010 Statistical Yearbook. The Boston Immigration Court Judges have granted asylum in 45% of the cases before the Court, a little below the national average of 51%. The largest number of grants of relief were for residents of China, Ethiopia, India, Colombia and Nepal. The Statistical Yearbook makes clear that grants for relief under the Convention Against Torture (“CAT”) are extremely rare. Only 489 of over 24,000 applications for relief under the Convention have been granted. Glickman Turley is proud of its recent success in obtaining relief for a Guatemalan national under the Convention Against Torture.

Marriage Equality: Two Steps Forward, One Step Back

2011-02-02T13:27:00.000-08:00

In the fight for marriage equality for same-sex couples, incremental gains have been made in the past week with civil unions bills advancing in both Illinois and Hawaii. Also in the past week, the Wyoming Senate, by a vote of 21-9, passed a constitutional amendment against marriage equality.

A much more satisfying gain toward full equality for lesbian, gay, bisexual, and transgendered citizens would be at the federal level. The federal Defense of Marriage Act (DOMA) must be repealed so that same-sex couples can enjoy hundreds of marriage rights now denied them. For example, in immigration law, same-sex couples, unlike heterosexual married couples, are barred from sponsoring family-based visas for their spouses. For families headed by same-sex couples, many states deny the right of adoption to the non-biological parent/s, leaving them without numerous legal protections.

In Massachusetts, where we enjoy laws permitting same-sex marriage, the extra step of a co-parent adoption is still necessary to give the non-biological parent/s full legal rights with regard to their children.
See our website http://www.glickmanturley.com/ or contact us for more information.

Immigration Case Status

2011-01-28T08:31:00.000-08:00

Clients are encouraged to check the status of their immigration petitions at www.uscis.gov. The statuses of certain petitions, such as VAWA, U-visa, and I-751 waiver petitions, are not available online.

Clients in deportation/removal proceedings can check the status of proceedings (next hearing date; decision information; appeal information and deadlines) by calling 1-800-898-7180.

If you would like to discuss immigration matters, please contact attorneys Paul Glickman and Ellen Sullivan.

Successful for our Clients

2011-01-20T10:10:00.000-08:00

Attorney Paul Glickman successfully obtained probation without incarceration in a multi-count federal immigration fraud case, heard in Boston today, January 20, 2011.

Adoption and Immigration

2011-01-19T11:56:00.000-08:00

If parents permanently relinquish parental rights in a child, the parents can never obtain immigration benefits through that child as the parents of an adult US citizen. Generally, adult US citizens can obtain family-based visas and green cards for their parents. However, if for example an aunt adopts her sister's son, the biological mother cannot later claim that she is the child's mother.

Nuestros abogados hablan español!

2011-01-14T13:04:00.000-08:00

Nuestros abogados hablan español y portugués. Nos gusta trabajar con gente de todo el mundo.

Representamos a clientes en temas como inmigración, defensa criminal, litigación civil, bienes raíces, fideicomisos y herencias, los testamentos, las cuestiones de inventario, la ley de animales, temas de GBLT, adopciones por padres o madres del mismo sexo, la ley de organizaciones sin fines de lucro comercial y la ley de negocios.

En la ley de inmigración, representamos a clientes en visas de familia, visas de trabajo, tales como H1B y L, el ajuste de estatus (o "green cards"), permiso de trabajo, estado de protección temporal (TPS), la expulsión y la deportación, asilo, peticiones por VAWA, visas "U", ciudadanía y solicitudes de la FOIA.

Nossos advogados falam Português!

2011-01-14T12:25:00.000-08:00

Nossos advogados falam Espanhol e Português. Nós gostamos de trabalhar com pessoas de todo o mundo.

Representamos clientes em vários assuntos, incluindo a imigração, a defesa criminal, contencioso cível, imobiliário, heranças e propriedades, testamentos, questões de inventário, a lei sem fins lucrativos e de direito comercial e empresarial.

Na lei de imigração, nos representamos clientes em matéria de vistos família, vistos de emprego / trabalho, tais como vistos H1B e L, ajuste de status (ou "green cards"), documentos de autorização de trabalho, estatuto de protecção temporária, expulsão e remoção, o asilo, VAWA auto-petições, U-vistos, os pedidos FOIA e cidadania.

01/22/2011 Deadline for Haiti TPS Registration

2011-01-13T14:58:00.000-08:00

January 22, 2011 is the last day to register for Temporary Protected Status for Haitians. The general requirements for TPS eligibility are 1) to be a Haitian, 2) who has resided in the U.S. since January 12, 2010, and 3) has been physically present in the U.S. since January 21, 2010. There are other eligibility issues, such as criminal convictions, that may make you ineligible for Haiti TPS even if you meet those general requirements.For more information about TPS, see www.uscis.gov. Please contact our attorneys if you have additional questions about TPS.

Online Estate Planning Programs

2011-01-11T10:34:00.000-08:00

Millions of Americans still die without a valid will, even though every single one knew that he or she would die at some point.

In an effort to avoid paying a lawyer for something that he could get free from the internet, a client recently showed me a will he had written with the help of an online program. I hate to look at these documents because once I review it, I assume the liability of having drafted it. But, in this instance I could not help but comment on his document. Despite a lot of the required bells and whistles, it was missing a signature line. How he got it witnessed and notarized is beyond me, but sadly, if presented to a Court, his missing signature would have invalidated the document in full.

If you let us help you craft an estate plan, it will include a valid will. Promise.

Governor Patrick Signs Pet Trust Law!

2011-01-10T09:39:00.000-08:00

On Friday, January 8, 2011, Massachusetts became the 44th state to allow owners to provide support for their pets upon the owner's disability or death. This gives estate planners another tool in their toolboxes for helping people take care of those who are important to them. Glickman Turley was thrilled to be part of this important legislation.