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Carlos Batara - Immigration Attorney

Immigration Appeals: 49 Minutes For Justice, Fairness, And Due Process

– Posted in: Immigration Law, Policy & Politics | Immigration Appeals

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According to the Department of Justice, the Board of Immigration Appeals completed 36,690 cases in 2013.

There are 15 Board members.

On the average, this means 2,446 decisions per Board member per year.

203 decisions per Board member per month.

Assuming a 40 hour week, 50 weeks per year, each Board member works 2,000 hours per year.

That’s 49 minutes per case.

In a best case scenario.

The Absence Of Neutrality At Immigration Court

– Posted in: Immigration Law, Policy & Politics | Immigration Court

Henry Adams was right.

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A great teacher affects eternity; no one knows where his or her influence stops.

Larry Schwartz, my college history instructor, was that type of educator.

Outside my parents, Professor Schwartz was the most influential person in my life.  As an educator, he guided my studies of social, racial, and political injustices. As a mentor, he inspired me to become a professional dedicated to helping the downtrodden and disadvantaged.

He taught me, above all else, that law is the ultimate instrument of political power.

Immigration LIVE, Episode 1: Chasity Alvarez On Family Unity

– Posted in: Immigration Law, Policy & Politics | Guest Commentary

There is little doubt that keeping mixed status families together is one of the most pressing issues facing immigration reform advocates today.

This is why we invited Chasity Brewster Alvarez, founder of Fair Unity, to be our first guest on Batara Immigration Live.

Over the course of a few months, Chasity went from being a spouse of an undocumented immigrant with no knowledge about immigration issues to the leader of one of the internet’s largest immigrant family support groups.

Too Much Due Process For Immigrants In Deportation Hearings?

– Posted in: Immigration Law, Policy & Politics | Immigration Court

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The immigration court system has many flaws. Too much due process is not one of them.

A few years back, Law Professor Bennett L. Gershman aptly described how immigration courts work:

“Imagine a legal proceeding where the judge is hired by the chief prosecutor, the defendant is charged with an unintelligible offense, he has no lawyer to defend him, the proceedings are conducted in a language he does not understand, and the punishment is banishment from his home, his livelihood, and his family for the rest of his life.”

The Anti-Immigrant Propaganda War

– Posted in: Immigration Law, Policy & Politics | Reflections And Ruminations

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Propaganda is to democracy, Noam Chomsky once noted, what violence is to totalitarianism.

Repeated often enough, manipulative messages dissolve critical analysis.

Orwell knew this. Huxley knew this. Hitler knew this.

Yet, for all of their good intentions, immigrant advocates have not sufficiently engaged in this battle.

Many of my immigration reform colleagues scoff at their opponents’ repulsive messages, such as the one above, as being simplistic and ridiculous.

They’re right.

However, they underestimate the force of these messages.

That’s a grave error.

The Callous Politics Of Deporting Immigrant Military Veterans

– Posted in: Immigration Law, Policy & Politics | Citizenship And Naturalization

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Immigration reform is not a zero-sum game.

Despite the delirious ranting from those opposed to all forms of immigration reform, fixing our dysfunctional immigration system is possible.

And it’s possible in a manner which benefits U.S. citizens, as well as legal residents.

To resolve our immigration concerns requires at least one consensus: allowing some immigrants to become lawful permanent residents.

Why The One-Party Blame Game Is An Outdated Political Anachronism

– Posted in: Immigration Law, Policy & Politics | Reflections And Ruminations

immigration-reform-blame-game

The more things change, the more they remain the same. At least in the world of immigration reform politics.

I’ve been involved in political affairs since I was a teenager. I was driven by a desire to help people victimized by a government controlled by a limited set of social and economic interests.

I was an activist in my pre-lawyer days and grew into political campaign leadership roles.

I won some battles. I lost some battles.

Scram ‘N Jam Immigration Plan

– Posted in: Immigration Law, Policy & Politics | Reflections And Ruminations

immigration-reform-layaway

Ring. Ring. Ring.

Ring. Ring. Ring.

Boehner: Speaker Boehner. How may I help you?

Schumer: John, this is Chuck, Chuck Shumer.

Boehner: Hi Chuck. What can I do for you in the wee hours of the morning?

Schumer: I have an idea for immigration reform.

Boehner: An idea? Chuck, we’ve been down this road more than a few times.

Schumer: Really, John, this one is a winner.

INA 212(h) Victory For Lawful Permanent Residents

– Posted in: Immigration Law, Policy & Politics | Immigration Appeals

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The crossover between immigration and criminal law continues to plague many immigrant families, often separating loved ones for life.

Once immigrants are charged with having committed an aggravated felony, they are left with limited recourse to relief from deportation and removal.

Meanwhile, changes to deportation law are not on the immigration reform agenda.

Lately, various courts like the Ninth Circuit of Appeals have begun opening doors of hope for such immigrant defendants.