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Carlos Batara - Immigration Attorney

Immigration Policy Based On Fear: The Erosion Of Due Process For Middle Eastern Immigrants

– Posted in: Immigration Law, Policy & Politics | Immigrants In The United States

Middle Eastern Students

Her immigration history seemed spotless.

No arrests. No convictions.

A native of Afghanistan, Jawan had lawfully entered the U.S. to study. She met and fell in love with Tony, a naturalized citizen from Egypt, in an economics course.

After their marriage, he filed to immigrate Jawan. She became a legal resident in the early 1980s.

For Whom The Bell Tolls: The Future Of Immigration Reform

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

blind-mice-immigration-reform

A few days ago, as I set out for my morning exercise, I noticed a neighbor had recently purchased a nice-looking shiny used car.

It looked like it had been re-polished and a few accessories had been added. It seemed to promise a smooth ride.

Whether the engine was up to the journey was another question. The answer, of course, would be forthcoming in a few months.

When I turned the corner, my thoughts switched to immigration reform.

Nine months ago, many friends and relatives decided to buy into a politically used vehicle.

The Democratic Party.

Down The Green Card Rabbit Hole: A Journey To The Back Of The Line

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

end-immigration-green-card-line

Despite Congressional smiles when cameras are turned on, a meeting of political minds on the contours of immigration reform may not take place anytime soon.

In the meantime, most elected officials agree on at least one issue. Immigrants who seek lawful status must “get in the back of the line”.

Unfortunately, colorful political rhetoric often does not reflect legal realities.

And it’s not a solution.

A Tale Of Two Visions: Comprehensive Immigration Reform In 2013?

– Posted in: Immigration Law, Policy & Politics | The Obama Years

political-pied-pipers-of-immigration-reform

Our country, government leaders tell us, is in the throes of an economic recovery.

Not too long ago, according to leading monetary and labor indicators, we experienced a long, drawn-out depression. The politicians called it a recession. After being spoon fed the same rhetoric month after month, the public followed suit.

The depression was transformed into a recession.

The BIA Is Wrong About Exceptional And Extremely Unusual Hardship (And How It Destroys Immigration Cases)

– Posted in: Immigration Law, Policy & Politics | Cancellation Of Removal

immigration-humpty-dumpty-hardship-analysis

“Congress,” Justice Stevens once wrote, “like Humpty Dumpty, has the power to give words unorthodox meanings.”

So does the Board of Immigration Appeals.

Like exceptional and extremely unusual hardship.

I have few doubts, based on my experience as a San Diego immigration attorney in the 1990s, a Gingrich-led Congress wanted to impose a higher standard.

Yet, as Humpty Dumpty would tell both Congress and the BIA, the chosen words fall short.