Law Offices of George Giosmas

25 years of experience

Hollywood Florida Immigration Law Blog

City rallies behind long-time resident facing deportation

Since 2009, a 36-year-old man has managed a pizza restaurant in Florida, but a deportation order could separate him from his wife and three young daughters. When he reports to the Immigration and Customs Enforcement office in Miramar, his lawyer will request reconsideration of his status, which currently calls for expedited removal from the country. In addition to 90,000 online signatures on a petition asking that he be allowed to stay, many Palm Beach residents have opposed his looming deportation.

A resident who knows him from the restaurant wrote to the U.S. Secretary of Commerce and asked that his case be reconsidered. The Worth Avenue Association asked its members to lend their support to his cause. His employers have expressed their dismay at the prospect of seeing his family torn apart.

Supreme Court strikes down vague law applied to legal residents

Now that the Supreme Court of the United States has overturned an unconstitutionally vague law, legal residents in Florida may have greater access to due process when convicted of crimes. The law in question required the automatic deportation of legal residents found guilty of "crimes of violence."

The case represented the plight of a Filipino native who had been a lawful permanent resident since 1992. On two occasions in 2007 and 2009, he entered no-contest pleas on charges for residential burglary. Citing these convictions, an immigration judge ordered his removal from the country. According to the Immigration and Nationality Act, the burglaries represented aggravated felonies that qualified as "crimes of violence."

Supreme Court rejects criminal convictions deportation rule

You may have heard stories about immigrants who face deportation after a minor traffic ticket or other encounter with police. This is because criminal convictions have been a justification for officials to deport residents without permanent citizenship status.

However, the Supreme Court recently declared that one of the deportation-related laws is unconstitutional. As Justice Neil Gorsuch writes, the rule could “invite arbitrary power,” meaning that officials could bend the rule how they wish to threaten deportation.

President Trump angered by immigrant "caravan"

Florida residents may be aware that President Trump took to Twitter recently to vent his ire about what is described as a caravan of at least 200 immigrants from Central America that is currently passing through Mexico on its way to the United States. The immigrants are fleeing violence and unrest in Guatemala, Honduras and El Salvador and plan to seek asylum when they reach the U.S. border. Reports indicate that the caravan reached Mexico City on April 9 and its numbers have swelled considerably.

The immigrants understand that seeking asylum will be a difficult process. A Honduran man told reporters that he fled his home country with his wife and three children after a close relative was murdered by a gang, but he concedes that he has little in the way of proof to back up his story. The caravan is being organized by the transnational advocacy group Pueblo Sin Fronteras.

Sessions trying to speed up deportation cases

Florida residents are likely familiar with the hardline stance that has been taken by the Trump administration on immigration. Jeff Sessions, the U.S. Attorney General, has turned his attention to the immigration courts and speeding up the process of deportation.

According to a report that was published by NPR, Sessions is looking at administrative closures, which occur when immigration judges place cases on hold indefinitely. An administrative closure of a deportation and removal case may happen for many different reasons. For example, some immigrants may receive administrative closures of their deportation cases while they are waiting on answers to the petitions that they have filed for visas or green cards.

Deportation defense for detained immigrants

If you're a Florida resident facing potential deportation from the United States, selecting an immigration law attorney can play a major role in bolstering your chances of staying in the country. With significant publicity and attention being dedicated to deportation efforts at the federal level, an immigration lawyer can be critical in helping protect your ability to stay in the country.

People who have been detained in the Krome Detention Center, Broward Transitional Center or Glades County Detention Center can connect with an immigration attorney in order to present a deportation defense before an immigration judge. Whether you have been previously convicted of a crime, are undocumented or are dealing with other immigration issues, legal counsel can help. The Law Offices of George Giosmas is highly familiar with the expectations in an immigration courtroom as well as the particular legal perspective of different immigration judges.

Supreme Court to hear immigrant detention case

Florida residents may be aware that the Trump administration is embroiled in a number of legal disputes over some of its more vigorous immigration policies, and many of these cases involve issues that have been raised in parts of the country where authorities refuse to enforce immigration policies they view as draconian. Sanctuary cities and states provide U.S. Immigration and Customs Enforcement agents with little in the way of cooperation, and the Trump administration is not reluctant to turn to the courts when it believes that this lack of cooperation is hampering efforts to deport individuals.

One such case involves the detention of immigrants who have been convicted of committing crimes. U.S. immigration law allows such individuals to be held indefinitely and denied bond hearings, but attorneys representing the plaintiffs, two legal immigrants who were convicted on drug charges, say that indefinite detention should only be allowed when immigrants are taken into custody by federal authorities immediately after completing their custodial sentences. The Trump administration says that immigration agents should be able to seize these individuals at any time.

Attorney General pushes to restrict qualifications for asylum

Florida is home to many immigrants, and some of them achieved legal status because the United States granted them asylum. Asylum allows people whose lives are at risk in their home countries to find sanctuary, but Attorney General Jeff Sessions wants to reduce the ability of people to gain asylum. In addition to urging Congress to tighten the laws, Sessions has exercised his authority over immigration courts and vacated a ruling that would have set a precedent about people's rights to appear before a judge before the government can reject their applications.

In the view of the Attorney General, the backlog of 600,000 asylum cases arises from rampant fraud on the part of applicants. His speeches have referred to people gaming the system and overloading the immigration courts with fake claims. A fellow from the Center for Immigration studies expressed agreement with this view and said that people use claims of domestic abuse and gang violence as catchall reasons for asylum.

Immigrants don't have to be given bond hearings

In a 5-3 decision, the Supreme Court ruled that immigrants do not have the right to periodic bond hearings. This may be true for those living in Florida or elsewhere in the country as permanent residents. In its ruling, the court ruled that the Ninth Circuit Court of Appeals made a mistake when determining that immigrants were entitled to a hearing every six months.

The Ninth Circuit made its ruling based on an interpretation of Chapter 12 of Title Eight of the U.S. Code. The case in question involved a permanent resident who was detained pursuant to terms of Chapter 12. He argued that he was entitled to a bond hearing in a petition of habeas corpus to the U.S. District Court for the Central District of California. The court agreed with the man prior to the Ninth Circuit upholding the decision.