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Carlos Batara - Immigration Attorney

The Impact Of Deportation On Lawful Permanent Residents And Their Families

– Posted in: Immigration Law, Policy & Politics | Permanent Residence

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For immigrants, the day they become lawful permanent residents is one of the happiest moments of their lives.

For some, the day they lose their green card holder status is one of their worst.

When immigrants win permanent residency, a future with great promise lies ahead.

The ability to live, work, and go to school legally in the United States opens many opportunities for the new green card holders and their family members.

Yet, even while my clients are celebrating, as their immigration lawyer, I have to remind them that these privileges are not absolute.

Aggravated Felonies: The Failure To Distinguish Minor From Major Criminal Convictions

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

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As a San Diego immigration lawyer, I have seen how criminal convictions can shatter the dreams and hopes of immigrant families.

Many times the criminal offenses were minor, non-violent offenses.

Under immigration law, even such low level wrongdoings can result in deportation, the harshest of immigration punishments.

When criminal offenses are deemed minor under state law, they are classified as misdemeanors. Most immigrant defendants assume such convictions will not bar them from living in the United States.

Their perceptions are not unreasonable.

Yet, under immigration law, many of these convictions are considered immigration felonies.

Dark Days Of Deportation Defense: The BIA Failure To Lead

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

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For immigration attorneys, April Fool’s Day has a special meaning.

On April 1, 1997, huge changes were made to immigration law.   Many of the largest adjustments took place in the area of deportation defense.

That’s over 13 years ago.

Since that time, immigration courts have provided only minimum guidance about what these changes really mean.

We live in an Age of Immigration Darkness.

Without judicial interpretation of the new rules, it is no surprise the number of immigration appeals have dramatically increased in the past decade.

Shortly after the new rules went into place, an American Bar Association study showed, 8% of Ninth Circuit appeals were immigration cases in 2002.

Just a few years later, they constituted nearly 48% of new filings.

Federal judges were not amused.  Their backlog reached all time highs. .

The Anchor Baby Debate: Citizenship For Children Born In The United States

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

immigrant-children-citizenship-anchor-baby-debateAlas, nothing is sacred in the world of politics.

Are immigrants’ offspring, who are born in the United States, entitled to U.S. citizenship?

For nearly 150 years, the matter was settled. The 14th Amendment, ratified in 1868, had resolved the debate.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

Over the past weekend, the bell was sounded for a new round of controversy on immigration reform.

The STEP Act: Misguided Pursuit Of The Iranian Bogeyman

– Posted in: Immigration Law, Policy & Politics | Permanent Residence

batara-immigration-blog-classics-header misguided-fear-of-iranian-immigrants

Mahmoud and Minoo were my best friends during my days at the University of Southern California.

They taught me about Persian culture, traditions, and history. I explained American football and why Trojans and Bruins were bitter rivals.

This type of international camaraderie could be nearing an end.

If South Carolina Congressman J. Gresham Barrett’s recent legislative proposal is passed, Iranians will not be allowed to attend U.S. colleges any more.

Good Immigrants, Bad Immigrants: The Two Faces Of Immigration

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

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My son was beaten and stabbed a few nights ago.

By a group of young immigrants.

I’ve spent my career defending immigrants. My commitment faces constant criticism.

Far too often, my immigrant journey has been forced to acknowledge news stories about immigrants who perform bad acts. Even friends and colleagues question my values when such events are reported.

I’ve always understood their concerns.

Dear President Obama: A Simple Suggestion To Reform Immigration Bureaucracy

– Posted in: Immigration Law, Policy & Politics | Immigration Agencies 101

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After waiting 2 1/2 hours, my client was finally called for her green card interview.

We headed to the hallway door to meet the U.S. Citizenship and Immigration Services officer. I extended my right hand to greet the officer and introduce myself. He turned and walked away. With his back to us, he said, “Follow me.”

My client’s face turned colorless. Fear ran up and down her spine.