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-   -   ICE agents arrest undocumented man in as wife, lawyer watch (http://dreamact.info/forum/showthread.php?t=76901)

Swim19 05-28-2017 09:53 PM
ICE agents arrest undocumented man in as wife, lawyer watch
 
ICE agents arrest undocumented Honduran man in federal building even as wife, lawyer watch

Quote:
The couple's marriage petition had been approved by an immigration official.

Felix Yulian*"Julian" Motino,*a Honduran national who'd entered the country illegally in 2005, wanted to begin the process of gaining legal status. It was a longshot, but he'd built a life here and wanted to try to come out of the shadows. He worked as a house painter and paid taxes and had two U.S.-born children, ages 9 and 6, and a U.S.-born wife of two years.

Motino, 31, sat with his wife, East Price Hill native Alexis Motino, 26, and their lawyer, Matthew Benson, in a small office on the fourth floor of the federal building on Main Street, Downtown. They'd gone voluntarily, having requested the appointment six weeks earlier, to meet with*U.S. Citizenship and Immigration Services.

For 45 minutes, the couple provided documents that included their marriage certificate from May 15, 2015, utility bills bearing both of their names, her U.S. birth certificate and his Honduran passport. They thumbed through their wedding album and showed the agent photographs of themselves from the early years of their relationship.


The USCIS agent, named Carlos, said toward the end of the meeting that he had to make copies of their ID cards. The agent came back to his office and asked the couple to have a seat in the lobby, where his supervisor, Julie, would speak to them.

"Julie said, 'Felix, we need you to come outside into the hallway,' " Alexis Motino said.

There, two officers from U.S. Immigration and Customs Enforcement*met him and said, "We need you to come with us."

Benson objected. His client had been here 12 years. He had no criminal record. He had a U.S. citizen wife and two citizen children. He paid child support to the children's mother. Their marriage petition had just been approved minutes earlier.
Quote:
Motino*had received his order in absentia from an immigration judge in Philadelphia in 2009. Motino*had moved but not filed required change-of-address forms with the court, Benson said. Motino was detained at the U.S. border with Mexico upon entry in 2005, processed and allowed to continue to his U.S. destination, Cincinnati — where a family member lived —*on his own recognizance.

Benson filed a motion Friday with the immigration court in Philadelphia to reopen Motino's case. Benson said the court received the motion Saturday and that it should serve as a temporary stay of deportation.
http://www.cincinnati.com/story/news...man/351862001/

dtrt09 05-28-2017 11:02 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
How else are people expected to work on fixing their status?

Rep. Gutierrez introduced in the house an amendment to de-prioritize individuals without any criminal history, but it failed to pass on a party vote on 5/24. I assume a similar amendment can be presented in the Senate?

Please contact your state Senators and push for an amendment that de-prioritizes parents, workers, community members who are not threats to this country.

APinfo 05-29-2017 01:50 AM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
I'm confused. What type of interview/petition was this? If he entered illegally, I thought they couldn't adjust their status within the states?

AztecAztec 05-29-2017 08:26 AM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
Quote:
Originally Posted by APinfo (Post 614429)
I'm confused. What type of interview/petition was this? If he entered illegally, I thought they couldn't adjust their status within the states?
This was probably the I-301 petition, the first step. You need the I-301 first, then the I-485, Application to Register Permanent Residence or Adjust Status.

Usually you cannot adjust status if you entered illegally , but you can get a I-601A waiver for extreme hardship if you have nothing else against you ( like a conviction ). You file the I-601 A with the I-485.

The lawyer was probably going to argue that if he was deported, he could not pay child support as hardship to US citizens..

Pianoswithoutfaith 05-29-2017 02:39 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
I am confused with this paper....

what happened what did I read..? what the heck

Pianoswithoutfaith 05-29-2017 02:40 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
ICE arrest man even as wife

Even as wife what?

Demise 05-29-2017 03:58 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
Quote:
Originally Posted by AztecAztec (Post 614433)
This was probably the I-301 petition, the first step. You need the I-301 first, then the I-485, Application to Register Permanent Residence or Adjust Status.

Usually you cannot adjust status if you entered illegally , but you can get a I-601A waiver for extreme hardship if you have nothing else against you ( like a conviction ). You file the I-601 A with the I-485.

The lawyer was probably going to argue that if he was deported, he could not pay child support as hardship to US citizens..
You somehow managed to butcher the whole statement.

I-130 does not require an interview. He was not eligible for I-485. I-601A doesn't take an interview (they either approve it, or deny it, in this case they'd deny it because he has a removal order). If you're not eligible you're not eligible you can't argue your way out of it no matter who you blow.

You also don't appear before a court unless the court grants reopening of proceedings.

So they basically hired the cheapest hack that money could buy that didn't even do a FOIA for the guy to see what's up. Filed an adjustment petition he didn't qualify for. Now they're seeking reopening so he can do voluntary departure or I-601A and hopefully he won't get slapped with 5 year 212(a)(6)(B) 5 year ban for failure to attend proceedings that only has a few exceptions and no waivers.

The motion to reopen an in absentia order does stay a removal order, however it all depends on if they grant it, and if so - why. No notice, unlikely since he failed to change address which he admitted. Joint motion? They wouldn't arrest him in the first place. Sua Sponte - I mean, good luck. You do get Sua Sponte motions that are approved but generally it depends which court, which judge, etc.

So that will be denied, BIA will be given the same or similar arguments and also deny it, and then he'd appeal to the 3rd circuit which may force a remand (and therefore reopen the proceedings), or just say no can do.


Worst thing about in absentia orders is the 5 year ban since you can't waive it (there are exceptions but it all depends if the consulate decides that you should be barred or not), so you can't take voluntary departure then do I-601, or just do I-212 and then I-601A like someone with a regular removal order could.

AztecAztec 05-29-2017 07:08 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
Quote:
Originally Posted by Demise (Post 614451)
You somehow managed to butcher the whole statement.
.
My apologies. I must have had a brain fart. I mentally ruled out the Adjustment of Status interview because he was not eligible and the 301 was the only thing that came to mind.

Quote:
Originally Posted by Demise (Post 614451)

So they basically hired the cheapest hack that money could buy that didn't even do a FOIA for the guy to see what's up. Filed an adjustment petition he didn't qualify for. Now they're seeking reopening so he can do voluntary departure or I-601A and hopefully he won't get slapped with 5 year 212(a)(6)(B) 5 year ban for failure to attend proceedings that only has a few exceptions and no waivers.
I was trying to figure out what the article was talking about. I never thought about a lawyer giving bad legal advice.

Even without a FOIA, shouldn't the lawyer have know he was inadmissible just by asking him how he came into the country ? I don't think he qualified for a 245(i) and he was EWI.

And thanks Demise on another thread for bringing up the AgJobs bill. I had no idea that had been around for so long.

Demise 05-29-2017 07:25 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
Quote:
Originally Posted by AztecAztec (Post 614460)
My apologies. I must have had a brain fart. I mentally ruled out the Adjustment of Status interview because he was not eligible and the 301 was the only thing that came to mind.



I was trying to figure out what the article was talking about. I never thought about a lawyer giving bad legal advice.

Even without a FOIA, shouldn't the lawyer have know he was inadmissible just by asking him how he came into the country ? I don't think he qualified for a 245(i) and he was EWI.

And thanks Demise on another thread for bringing up the AgJobs bill. I had no idea that had been around for so long.
Yeah he should've known that EWI = no adjustment with few exceptions.

Also another question to ask is "did immigration ever catch you, were you ever ordered deported", if the answer is "yes" or "idfk" then you do a FOIA with everyone and see what's going one exactly.

9 times out of 10 it's bad news but I heard of one case where a guy just hired a lawyer, and he hired some quack years ago and got an SSN via that, and they FOIA'd him and turns out that he had an asylum case back in 1994 that was still open, they won the asylum case for him since the standard back in 1994 was lower than it is today.

I might be wrong here but unless you end up applying for adjustment you won't end up before USCIS.

APinfo 05-29-2017 09:32 PM
Re: ICE agents arrest undocumented man in as wife, lawyer watch
 
Quote:
Originally Posted by AztecAztec (Post 614460)
My apologies. I must have had a brain fart. I mentally ruled out the Adjustment of Status interview because he was not eligible and the 301 was the only thing that came to mind.



I was trying to figure out what the article was talking about. I never thought about a lawyer giving bad legal advice.

Even without a FOIA, shouldn't the lawyer have know he was inadmissible just by asking him how he came into the country ? I don't think he qualified for a 245(i) and he was EWI.

And thanks Demise on another thread for bringing up the AgJobs bill. I had no idea that had been around for so long.
Quote:
Originally Posted by Demise (Post 614451)
You somehow managed to butcher the whole statement.

I-130 does not require an interview. He was not eligible for I-485. I-601A doesn't take an interview (they either approve it, or deny it, in this case they'd deny it because he has a removal order). If you're not eligible you're not eligible you can't argue your way out of it no matter who you blow.

You also don't appear before a court unless the court grants reopening of proceedings.

So they basically hired the cheapest hack that money could buy that didn't even do a FOIA for the guy to see what's up. Filed an adjustment petition he didn't qualify for. Now they're seeking reopening so he can do voluntary departure or I-601A and hopefully he won't get slapped with 5 year 212(a)(6)(B) 5 year ban for failure to attend proceedings that only has a few exceptions and no waivers.

The motion to reopen an in absentia order does stay a removal order, however it all depends on if they grant it, and if so - why. No notice, unlikely since he failed to change address which he admitted. Joint motion? They wouldn't arrest him in the first place. Sua Sponte - I mean, good luck. You do get Sua Sponte motions that are approved but generally it depends which court, which judge, etc.

So that will be denied, BIA will be given the same or similar arguments and also deny it, and then he'd appeal to the 3rd circuit which may force a remand (and therefore reopen the proceedings), or just say no can do.


Worst thing about in absentia orders is the 5 year ban since you can't waive it (there are exceptions but it all depends if the consulate decides that you should be barred or not), so you can't take voluntary departure then do I-601, or just do I-212 and then I-601A like someone with a regular removal order could.
I wonder if this was the case with those that got caught up at a USCIS office a few months ago. This is crazy.


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