CHOW & HAMILTON CLOSED FOR THE HOLIDAYS

Our office will close for the holidays on December 16, 2011 and will reopen on January 2, 2012. Clients and prospective clients may contact us by leaving a message at our (714)441-3400 number, or by e-mailing us at chowhamilton@gmail.com. We will likely only respond to emergencies of existing clients during our vacation, but will promptly respond to all contacts upon our return in January.

We wish you all well for the season and especially thank our clients who have sent us warm holiday and thank-you cards, or have told friends and associates about us this year.

Happy holidays and a prosperous new year to all.

By: Duane M. Hamilton

CHOW & HAMILTON YEAR-END REPORT

Today was to be my last immigration trial of 2011, but the case was continued to next year, due to illness of the prosecutor. We are happy however to announce the following:

* We succeeded in winning immigration relief which would place our clients on a pathway to US Citizenship (such as asylum), in every completed immigration trial in 2011;

* We received Asylum Office grants in several Kenyan asylum cases (though we take our more complex asylum matters - those filed more than one year after the alien's arrival in the US, and where the alien is failing to maintain status - directly to Immigration Court these days, bypassing the Asylum Office);

* All of our adjustment of status interviews in 2011 based upon marriage were approved with an award of lawful permanent residence to our clients;

* We won terminations of Removal Proceedings in several cases in which our clients were wrongfully being prosecuted for deportation, and secured re-adjustment of status in one complex criminal related matter in which deportation was sought against our Lawful Permanent Resident client based upon the Government's allegation that our client had been convicted of certain Crimes Involvoing Moral Turpitude (CIMTs);

* We were able to reopen two incredibly difficult cases in which deportation orders and Federal Warrants of Deportation had long been issued and all appellate time frames for our clients to appeal had apparently expired under the representation of prior counsel;

* Mr. Chow has succeeded in receiving critical discovery in our Hemet CALDOJ shooting case, Abel v. State of California, and we are moving into 2012 well positioned for mediation, arbitration or trial of this important case.

* Mr. Chow and I have also made significant progress in other civil litigation matters, which are moving towards mediation, arbitration and/or trial, including, but not limited to several Family Law and Wrongful Termination matters.

To those we have served this year, we thank you for your business, and are heartened by the success we have had for you in those cases we were able to complete this year.

By: Duane M. Hamilton

LOS ANGELES IMMIGRATION JUDGE GRANTS ANOTHER KENYAN C&H CLIENT ASYLUM

Mr. Hamilton successfully completed trial this morning, before Los Angeles Immigration Judge Rooyani, of another of our Kenyan clients' asylum claims (this one pending since early 2009). Upon approval of the asylum claim by the judge, the government's attorney waived appeal, hence the decision is now final. This judgment protects the applicant from any potential harm in Kenya and places such applicant on a pathway to U.S. Citizenship.

The Client and firm have expressed gratitude to the Government and Judge for this outcome. There is a great sense of relief and joy when individuals with so much at stake are afforded the protection of this great nation.

By: Maria Rangel

LOS ANGELES IMMIGRATION JUDGES MEET TO DISCUSS PROSECUTORIAL DISCRETION

I am informed that Immigration Judges (IJs) of the Los Angeles Immigration Court, met this afternoon to discuss matters of "prosecutorial discretion," as envisioned in President Obama's August 18, 2011 announcement and in certain agency memoranda on the topic. See my article of August 22, 2011, entitled "WARNING! RECENT OBAMA ANNOUNCEMENT DOES NOT CONVEY IMMIGRATION STATUS."

The actual discussions and outcome of those discussions are unknown at this time. However, I am informed that judges of the San Diego Immigration Court are now allowing the alien's and Government's counsel to confer with respect to such discretion, and later advise the court as to the outcome of their discussions at a hearing for status.

This sort of prosecutorial discretion may allow a prioritization of cases which are in need of prosecution for deportation, and those which merit closure of "Removal Proceedings" given their "low priority" status. Criminal alien cases in my view, would likely be given the highest priority for removal, while non-criminal aliens who have established themselves in the U.S. over a long duration with strong ties to the U.S., might reasonably be thought to be in the lower priority range. However, it is impossible for me to know or even accurately predict the approach immigration prosecutors will actually take in these matters.

Further, termination of an Immigration Court Removal Proceedings, for aliens who do not have status, can be a double edged sword. On the one hand, the alien is no longer facing an impending deportation, with all of its adverse consequences and returns to his or her existence of living in the US as a person who is without status (it remains to be seen whether some process of employment authorization will be implemented for aliens who receive this prosecutorial discretion). On the other hand, the alien might be presenting arguable relief applications which can only be granted by the IJ while removal proceedings are ongoing.

Hence, a client who is presenting a worthy and approvable relief application to the IJ, will be faced with an incredibly significant and complex decision, if offered termination in an exercise of prosecutorial discretion.

By: Duane M. Hamilton

HAMILTON ENDS 6 YEAR IMMIGRATION COURT AND APPELLATE BATTLE FOR ALIEN ACCUSED OF AND FACING DEPORTATION FOR CERTAIN SERIOUS CRIMES

On October 25, 2011, the Los Angeles Immigration Court, readjusted the status of a long-time lawful permanent resident accused of certain serious crimes (not classified as aggravated felonies) which would ordinarily have resulted in deportation. Hamilton assumed representation of the alien in 2005, from attorneys who had represented the alien since 2003 in the same matter.

The matter had previously been terminated (thrown out of court) by the Immigration Judge (IJ) at Mr. Hamilton's request; appealed to the Board of Immigration Appeals (BIA) by the Government; remanded back to the IJ by the BIA; again relentlessly attacked in court by Hamilton; and ultimately readjusted and terminated in the Court's recent order. The Government has humanely waived appeal and the alien's readjustment is final.

This means that the alien begins anew as a Lawful Permanent Resident, with all privileges which go along with that status.

Chow & Hamilton are gratified at this outcome, and thank all parties participating in this case.

By: Maria Rangel

WARNING! RECENT OBAMA ANNOUNCEMENT DOES NOT CONVEY IMMIGRATION STATUS

On Thursday, August 18, 2011, the Obama Administration made an announcement related to prioritizing its efforts against aliens facing removal (deportation). This announcement did not convey any sort of legal status to aliens, nor does it provide any mechanism to apply for status. The announcement pertains to whether cases deemed "low priority" will be prosecuted for deportation, and a prospective process by which those aliens whose whose cases are administritively closed by the immigration court as "low priority" cases, might apply for an employment authorization document (EAD).

DO NOT LISTEN TO OR BELIEVE ANY IMMIGRATION CONSULTANT, NOTARIO, OR NON-LAWYER WHO SUGGESTS, OR ATTEMPTS TO EXTRACT MONEY FROM YOU TO APPLY FOR AN EMPLOYMENT AUTHORIZATION UNDER THE OBAMA ANNOUNCEMENT, SINCE THERE IS NO MECHANISM AT THIS TIME, BY WHICH THAT CAN BE DONE. FURTHER, IT REMAINS EXTREMELY RISKY FOR AN UNDOCUMENTED OR OVERSTAYED ALIEN TO TURN THEMSELVES IN TO IMMIGRATION AUTHORITIES.

THOUGH SOME ALIENS CAN AND DO BENEFIT FROM BEING PLACED IN REMOVAL PROCEEDINGS TO PURSUE CERTAIN TYPES OF APPLICATIONS, SUCH PLACEMENT SHOULD ONLY BE UNDERTAKEN WITH THE GUIDANCE AND REPRESENTATION OF AN EXPERIENCED IMMIGRATION LAWYER.

The announcement does not provide any mechanism at present (beyond those already available by regulation) for an alien to apply for an employment authorization, and aliens who are pursuing existing cases in court for immigration status through asylum, cancellation of removal, adjustment of status, and other remedies, are seeking "status" in the US and a pathway (at least in the forms of relief mentioned) to Lawful Permanent Residence (LPR) and ultimately US Citizenship.

To the extent that an alien's Immigration Court "Removal" case is administratively closed and the alien granted an EAD through some future application process, Obama's announcement does not suggest that the alien would cease to be inadmissible for overstaying a visa or I-94 for example, and thus the alien overstay (overstayed for more than 6 months) would continue to risk being barred from re-admission to the United States if they depart.

The American Immigration Lawyers Association (AILA) has published a consumer advisory and warning to the public to clarify what this announcement is and what it is not. Aliens should read this advisory for themselves, and if confused about anything therein, consult with and ask an experienced immigration lawyer to explain it to them. The consumer advisory can be found at http://chat.aila.org/content/default.aspx?docid=36705. I encourage all undocumented or overstayed aliens to read this advisory and consult with an immigration lawyer before taking any action with respect to the August 18 announcement.

Chow & Hamilton will not be answering questions by phone related to the announcement or the above advisory. Individuals seeking advice regarding this matter will be referred to the AILA Consumer Advisory, this blog posting, and should schedule appointments with a lawyer of the firm.

Exisiting clients of the firm will be advised as to how the announcement might affect their individual cases, on a case by case basis, as they continue to consult and prep with the firm.

HAMILTON WINS REOPENING FOR LONG-TIME KENYAN DEPORTEE

On August 9, 2011, the BIA, in response to Mr. Hamilton's Motion to Reopen (MTR) filed in May 2011, reopened the case of Kenyan alien who had been the subject of a final deportation issued in 2003. The case involved a number intersecting thorny and complex legal issues, including changes in law in the United States.

The alien is now permitted to reapply for immigration benefits which had been previously denied, and seek any other remedies which may be available.

By: Maria Rangel

9th CIRCUIT OVERRULES LUJAN-ARMENDARIZ -- WILL NO LONGER HONOR EXPUNGED MINOR DRUG POSSESSION CONVICTIONS UNDER THE FEDERAL FIRST OFFENDER STATUTE

For the past 11 years, under Lujan-Armendariz v. INS, 222 F.3d 728 (9th Cir. 2000), aliens convicted in federal or state court of single simple drug posossion and placed in Removal Proceedings in any state under the jurisdiction of the 9th Circuit Court of Appeals (9th Circuit), could escape the harsh consequences of deportation by invoking a statute known as the Federal First Offender Act ("FFOA") as long as their convictions had been expunged. On July 14, 2011, in Nunez-Reyes v. Holder, No. 05-7430, the 9th Circuit reversed Lujan-Armendariz and ruled that aliens who are the subject of such expunged simple possession convictions, may not be relieved from deportation under FFOA.

The reasons for this reversal are complex and beyond the purpose of this blog. Simply put however, it appears that the 9th Circuit felt some pressure to rule in this manner in light of similar rulings by numerous other Federal Circuit Courts of Appeal around the country. The analysis used by the 9th and these other Circuit Courts is troubling, in that it would appear to set the stage for the Constitutional justification of just about any arbitrary or capricious law against immigrants conjured up and enacted by Congress, regardless of whether those laws violate the time-honored concepts of "Equal Protection," freedom of expression, or even perhaps "due process" itself.

The only bright spot in Nunez-Reyes is the fact that the decision will not be applied retroactively. This means that qualified aliens whose convictions took place prior to July 14, 2011, will continue to receive the benefit of FFOA for deportation purposes.

Aliens (including those with Lawful Permanent Resident status) must be extremely careful with respect to even the most minor drug involvement, since the lawyers' options to defend them from deportation in the 9th circuit has been reduced. The notion that an alien knows some individual who was convicted of a minor drug offense and escaped deportation must be dispensed with, since cases within the 9th Circuit applying FFOA and those in which the alien is ineligible for FFOA protection, may have dramatically different outcomes.

It should also be noted that state rehabilitative schemes such as "expungement," are not generally useful as a technique for rescuing aliens from the consequences of deportation. For most criminal convictions, something much more involved than simple expungement must be undertaken and approved in criminal court to wipe away the conviction for immigration purposes.

By: Duane M. Hamilton

CHOW & HAMILTON COMPLETES EXPANSION

The firm's office expansion is now complete, having added over 700 square feet of reception, office, library, and conferencing space. The larger part of our extensive Federal law library of almost 2000 volumes are shelved and we have reconfigured the reception area.

You will also be meeting our two new summer Legal Assistant interns, Christina Martinez and Azusena Gaspar, who will be manning the front office.

We hope to share this new and more comfortable office suite with you for many years to come.

By: Duane Hamilton

CHOW & HAMILTON BEGIN EXPANSION OF FULLERTON OFFICES

We are happy to announce that the firm's office in Fullerton, California, today, has begun construction to expand and add more than 700 additional square feet to our existing operating space. The wall which separated our waiting area from a neighboring office is being cut in half to create a more spacious visual effect upon entry. The additional square footage will house our new law library and some additional conferencing and office space.

We anticipate that construction will be complete by the end of this week or early next week, however, the process of furnishing and equiping the new office space will continue over the next month or two.

We apologize for any temporary disruption caused by the ongoing construction.

By: Duane M. Hamilton

SAN FRANCISCO IMMIGRATION JUDGE GRANTS ASYLUM IN 9-YEAR LITIGATION BATTLE

On May 5, 2011, Immigration Judge, Joren Lyons, of the San Francisco Immigration Court granted a Kenyan asylum applicant's request for asylum following re-trial of the asylum and related humanitarian claims subsequent to appellate remands from the 9th Circuit Court of Appeals and Board of Immigration Appeals (BIA).

Attorney Hamilton first took on the case in May of 2002 and has been litigating the matter at the trial court, BIA, and Federal Circuit Court of Appeals levels ever since. It became clear on appeal that the initial trial Judge (since retired) made critical legal errors in the case and denied the asylum claim based upon a flawed understanding of the legal concept of "political opinion" and of the very nature of the facts as they were testified to at trial.

This was Mr. Hamilton's second asylum trial for the year 2011. Our firm congratulates the applicant and bids said applicant welcome to lawful status in the United States.

By: Maria Rangel

OUR NEW E-MAIL ADDRESS

Many of you may have recognized that we are now using the new e-mail address of chowhamilton@gmail.com. We have enabled this new address as a result of certain spamming problems we were encountering at the old address. Though we still maintain the old address at AOL, the new gmail address is the primary address where we will be looking for our mail.

By: Maria Rangel

ASYLUM GRANTED TO KENYAN TORTURE VICTIM IN HAMILTON'S FIRST IMMIGRATION TRIAL OF 2011

Attorney Hamilton's immigration trial schedule resumed on February 7, 2011, with an asylum trial of a Kenyan torture victim before judge Bakke Varzandeh of the Los Angeles Immigration Court. Mr. Hamilton has represented the applicant since April of 2008, throughout the Asylum Office and Immigration Court phases of the case. This approval begins a bright new chapter of life for the applicant in the United States.

By: Maria Rangel

HAMILTON WINS REMAND OF INDONESIAN DOMESTIC VIOLENCE ASYLUM APPEAL

On December 29, 2010, the Board of Immigration Appeals (BIA) granted a remand back to the Immigration Court of the case of an Indonesian Female asylum applicant who had been the victim of domestic violence in her country. Hamilton has represented the alien since May of 2001 when the case was brought to the Asylum Office. The case was initially tried and denied by the Immigration Judge in January of 2005 and has been pending with the BIA since Hamilton's February 2005 appeal, until the December 29 decision. The case must now be re-tried by the Immigration Judge.

Domestic violence asylum is a developing area of asylum jurisprudence, which is often misunderstood by even the most well meaning of asylum adjudicators.

We are relieved for the sake of this applicant that she will be given a further opportunity to prevail in her asylum claim before the Immigration Court.

By: Maria Rangel