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IMMIGRATION DEPORTATION DEFENSE
Topics in Legal News | 2010/05/29 17:21
SAN DIEGO IMMIGRATION LAW FIRM

If you are not a U.S. citizen, you may be ordered to appear in Immigration Court for deportation proceedings (also known as removal proceedings) if you have: 
  • overstayed your visa
  • been deemed “inadmissible” by the USCIS
  • been convicted of a crime
  • entered the U.S. illegally
It is not unusual for persons (unaided by an attorney) to submit an application for permanent residence or naturalization or renewal of a green card, only to find them selves ordered to appear in Immigration Court for deportation proceedings.  

If you are placed in deportation proceedings (removal proceedings) the U.S. government (specifically the Department of Homeland Security) will serve you with a Notice to Appear or “NTA”.  If you are issued a Notice to Appear, even if you believe it to be a mistake, you can not ignore it.  Only an experienced immigration attorney will know what relief you have available to you.

Immigration Court trials are different than criminal trials in the United States.  In Immigration Court you have the right to be represented by an attorney.  However, the government is not obligated to provide you one, and in most cases will not.  So you must hire your own attorney if you are placed in deportation proceedings.  

In your deportation proceedings, the government’s attorney (known as the “Trial Attorney”) will present a case against you seeking to have you deported.  In that case, the government’s attorney must identify the legal grounds for your deportation and then prove all the facts that they allege in the NTA in order to have you deported.     

An Immigration Judge will preside over your case and has the authority to act not only as Judge but as prosecutor in your case (although this rarely happens these days).  Once you are placed in deportation proceedings, only the Immigration Judge can decide whether or not you will be deported.  


Record £105m legal cost claim in toxic waste case
Topics in Legal News | 2010/05/10 02:09

The London-based law firm which pursued the action against oil trading giant Trafigura over the alleged dumping of toxic waste in the Ivory Coast has claimed a record £105 million in costs.

The unprecedented figure, which Leigh Day & Co confirmed was correct, dwarfed the only known comparator - the BCCI litigation, Trafigura's QC Sean Wilken told the High Court. By contrast, he added, Trafigura's costs stood at £14 million.

Mr Wilken told Mr Justice MacDuff, who formally approved the confidential settlement of the largest ever group action last September, that if every claimant had been paid in full, that would amount to about £3 in costs for every £1 recovered. But he said that up to Easter, cheques had been cashed by 12,250 claimants - 41% of the total - and the process had stalled since the middle of March. He added that Leigh Day accepted that the costs were high.

Mr Wilken said: "In fact, we would say they are staggeringly high. I am told that this is one of the largest, if not the largest, costs claims in legal history.

"So we say this court is faced with groundbreaking claims of English lawyers in circumstances where the Ivorian claimants have not been paid in full the compensation which was supposedly the rationale of this litigation. Bluntly, we would like to know what happened to the money we paid to settle these claims."

It was later agreed between the two sides that issues raised should be dealt with by the senior High Court official who will assess costs at a further hearing at the end of this year.



Man accused in attorney death in court
Topics in Legal News | 2010/02/16 08:55

The man accused of strangling his ex-girlfriend - defense attorney Margaret Allen - and killing a witness in the case will make his first court appearance at 2 p.m. today in Butler County Common Pleas Court.

Calvin McKelton, 32, will be arraigned on an 11-count indictment charging him with aggravated murder, murder, two counts of felonious assault, abuse of a corpse, intimidation of a witness, tampering with evidence, aggravated robbery, aggravated arson and two charges of domestic violence.
Allen’s body was found at Schmidt Field in Cincinnati’s East End in July 2008.

Prosecutors are expected to release more details about the case today, including information about the dead witness.

McKelton was arrested Friday afternoon near Lexington Avenue and Reading Road in Avondale by the U.S. Marshals’ Southern Ohio Fugitive Apprehension Strike Team. He faces the death penalty if convicted.



Prison officials seize 96-page D&D manuscript
Topics in Legal News | 2010/01/26 04:56
A man serving life in prison for first-degree intentional homicide lost his legal battle Monday to play Dungeons & Dragons behind bars.

Kevin T. Singer filed a federal lawsuit against officials at Wisconsin's Waupun prison, arguing that a policy banning all Dungeons & Dragons material violated his free speech and due process rights.

Prison officials instigated the Dungeons & Dragons ban among concerns that playing the game promoted gang-related activity and was a threat to security. Singer challenged the ban but the 7th U.S. Circuit Court of Appeals on Monday upheld it as a reasonable policy.

Dungeons & Dragons players create fictional characters and carry out their adventures, often working together as a group, with the help of complicated rules.

Singer, 33, has been a devoted player of the fantasy role-playing game since he was a child, according to the court ruling. After the ban went into effect, prison officials confiscated dozens of Dungeons & Dragons books and magazines in his cell as well as a 96-page manuscript he had written detailing a potential scenario for the game that players could act out.


Same-sex marriage and the new YouTube debate
Topics in Legal News | 2010/01/12 09:36

California's gay-marriage ban is again being tested as a high-profile federal-court case opened in the state Monday and immediately drew a ruling from the U.S. Supreme Court.

The high court temporarily blocked the Internet broadcast of the trial, the first serious challenge in federal court to a state law against same-sex marriage.

The main issue in the case, being heard in U.S. District Court, is whether a 2008 voter initiative dubbed Proposition 8 violates the U.S. Constitution by creating a law that discriminates on the basis of sexual orientation. Defenders of Proposition 8 say it validly defined marriage in traditional terms by restricting marriage to people who could have children naturally.

Whatever the outcome in Chief Judge Vaughn Walker's courtroom, the case will likely be appealed, eventually to the U.S. Supreme Court. Five states currently permit same-sex marriage, either by statute or under their state constitutions.



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