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Carlos Batara - Immigration Attorney

Same-Sex Permanent Residence Rights And A New Twist To Deportation Defense Law

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

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I enjoy cutting-edge cases.

As a San Diego immigration attorney, I’ve learned a lawyer has to be willing to go out on the edge.  Where no lawyer has walked before.

Often the only possibility for victory in immigration cases requires going into uncharted waters.

It means bucking the system.  It means challenging legal rules and regulations in a way that opens new paths for those who follow.

That’s the legal and political challenge for same-sex marriages.

The Morality Of Comprehensive Immigration Reform At A Public Crossroads

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

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Being a San Bernardino immigration lawyer, I was recently asked by a local church to participate at a public forum on immigration issues.

“Are we as Christians,” asked the moderator, “called upon to love our less fortunate brothers and sisters?”

“Are we as Christians called upon to love those sitting next to us, even if they are here as undocumented immigrants?”

I liked his direct approach.

Immigration reform is not just a political and social issue.  It’s about morality.

Riverside Homeless Shelters Launch Fight Against Human Trafficking

– Posted in: Immigration Law, Policy & Politics | Asylum, Refugees, And Migrants

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Immigration and Customs Enforcement (ICE) officials have documented a recent surge in human trafficking incidents throughout the Inland Empire.

Moreno Valley.  Perris.  Rubidoux.  Palm Desert. Riverside.

Beaumont. Rialto. Victorville. Yucaipa. San Bernardino.

The list goes on and on.

Many women and children are trapped in its web.

The problem of modern day slavery is global in nature.

Yet, experts assert that if you know the signs of modern day slavery, you would notice that it is closer to you than you ever imagined.

The Attack On Constitutional Rights Of Immigrants In Escondido

– Posted in: Immigration Law, Policy & Politics | California Immigration Issues

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The immigration judge stared at me with one of those “Do you think I’m stupid?” looks.

He had asked me why my client had been placed in custody.

I explained my client was driving to church on a Sunday morning around 7:30 a.m. with his two U.S. citizen daughters when he was stopped by a police officer. The officer had passed my client driving in the opposite direction.  He made a quick u-turn, put his lights on, and pulled him over.  The officer said it looked like my client did not have his seat belt fastened.

Not believing me, the judge turned to the government attorney. His notes confirmed the seat belt story.

First Immigration Pardon Panel Established For Minor Convictions

– Posted in: Immigration Law, Policy & Politics | Deportation And Detention

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When it comes to crimmigration issues, immigrants need as many allies as possible.  Governor David Paterson of New York was one such ally.

In December, prior to leaving office, Person pardoned 33 immigrants.  The immigrants pardoned were lawful permanent residents who had been convicted of minor crimes several years ago.

Without the pardons, most of them faced nearly automatic removal from the United States.

Immigrant Due Process Rights To A-Files And Discovery At Deportation Hearings Protected By Ninth Circuit

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

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“Sometimes the biggest gifts,” my mother would tell me, “arrive in the smallest packages.”

This is true not just in day-to-day life, but also in immigration cases.

Recently, the Ninth Circuit Court of Appeals provided such a gift for immigrants fighting deportation and removal from the United States.

Somalia Temporary Protected Status Extended To September 24, 2024

– Posted in: Immigration Law, Policy & Politics | Temporary Protected Status

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Somalia Temporary Protected Status Update

Re-Registration Period For Current Beneficiaries: March 18, 2023 – May 12, 2023

First Time Registration Period: March 18, 2023 – September 24, 2023

Current Expiration Date: September 24, 2024

Temporary Protected Status For Somalia is our country’s oldest TPS program. Yet, conditions have not improved enough for Somalis to return safely to their homeland.

On January 12, 2023, Alejandro Mayorkas, director of the U.S Department of Homeland Security, extended and redesignated Temporary Protected Status for Somalia because the conditions in Somalia that prompted the original TPS designation remain ongoing and have been exacerbated in recent years.

“Longstanding conflict, along with natural disasters and disease outbreaks, has worsened an already severe humanitarian crisis. Somalia continues to be affected by terrorism, violent crime, civil unrest, and fighting among clan militias. These conditions prevent Somali nationals and habitual residents from returning safely.”

Based on this review, the Department of Homeland Security determined the 18-month extension was appropriate.

Hardship Defense At Immigration Court: Three Spectrums Of Severity

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

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Facing deportation at immigration court, many undocumented immigrants learn about a “hardship” defense for the first time.

So what is hardship?

For most lawyers, it’s an easy concept to grasp.  But difficult to explain.

In short, it means the negative effects which a person will experience if a loved  one is removed from the United States.  It’s the amount of suffering a parent, child, or parent will go through after an immigrant is deported or removed from the United States.

No End In Sight For The ICE – Escondido Police Department Secretive Partnership

– Posted in: Immigration Law, Policy & Politics | Deportation And Detention

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A few months ago, the Escondido Police Department and the U.S. Immigration and Enforcement (ICE) entered into a secretive agreement.  Under this partnership, two ICE agents work out of the Escondido Police Department office and regularly travel on patrol with Escondido officers.

As I wrote in Escondido Police Teams With ICE: How Will It Affect Immigrant Detentions?, the partnership was hatched in the dark.  Or more precisely, those who should have know about the program origins and goals claimed ignorance.