The Houston Press recently ran the story of a Houston Chef who was detained for weeks after an international trip. The individual was a Permanent Resident, but was detained due to a misdemeanor assault charge. The government argued that he was not eligible for bond because he was returning from international travel - a technical legal issue many permanent residents are unaware of. Criminal charges (even those that are pled down to misdemeanor-level offenses or dismissed - can create problems for any non-U.S.-citizen who travels out of the country. It is important for anyone who wants to travel internationally to consult with an experienced, specialized immigration attorney before traveling internationally or even within 100 miles of an international border.
Houston Press Story Highlights Permanent Residents' Need for Legal Counsel Before Travel
Remember: Firearms Offenses May Trigger Deportation Proceedings
On January 26, 2016, Kathryn N. Karam attended a seminar on Texas's new open carry laws. At the seminar, Attorney Karam noted that many people are not aware that certain firearms offenses may render a person deportable from the United States, even if the person charged with a firearms offense is a Permanent Resident and even if the crime is not an aggravated felony, a crime of violence, or a crime involving moral turpitude.
Doing Business in America
Kathryn Karam Participates in “Doing Business in America” roundtable hosted by the Galleria Microsoft Retail Store. Kathryn talked about
2015 TOP LAWYER
Kathryn Karam rated as a 2015 TOP LAWYER by the Houstonia Magazine. We are very proud and honored to have received the award this year.
The Oregonian: ICE Attorney Accused of Forging Documents to get a Man Deported
The Oregonian reported on Thursday afternoon that ICE Attorney Jonathan Love is accused of forging a document in order to get a man seeking Cancellation of Removal in immigration court deported.
Fifth Circuit Holds that Voluntary Departure Means Voluntarily Deportation for Sentence Enhancement
The Fifth Circuit Court of Appeals recently held that a person who was granted voluntary departure by an immigration judge and left in compliance with that order was considered to have “voluntarily deported” for purposes of a sentencing enhancement following a subsequent immigration crime conviction. In U.S. v. Murillo Acosta, individual in question pled guilty to using a fraudulent visa to enter the U.S. in violation of federal laws. The sentencing judge increased his offense level under the U.S. Sentencing Guidelines by two levels. The sentencing enhancement provision used applies to an individual who is in the U.S. without authorization and “has been deported (voluntarily or involuntarily) on one or more occasions prior to the instant offense.” The issue before the Fifth Circuit was whether Murillo-Acosta’s voluntary departure constitutes a “voluntary or involuntary” deportation. In a three-page opinion, the court held that it does not matter whether a formal order of removal was issued: a voluntary departure is treated as a deportation for purposes of the sentencing guidelines.
USCIS Will Reopen I-601 Waivers Denied Based on "Reason To Believe"
Yesterday, U.S. Citizenship and Immigration Services (USCIS) indicated in correspondence to stakeholders that it will reopen "all I-601A waiver applications that were denied prior to January 24, 2014, solely because of a prior criminal offense, in order to determine whether there is reason to believe the prior criminal offense might render the applicant inadmissible."
President Obama Announces Review of Deportation Policy
Late Thursday, the Associated Press reported that President Obama has directed Jeh Johnson, Secretary of Homeland Security, to review the agency's deportation policy to operate "more humanely within the confines of the law." Critics, including a spokesman from the office of House Speaker John Boehner, have indicated that until immigration laws are reformed through the democratic process, the executive branch has a duty to enforce the laws as they are written. Supporters of immigration reform were encouraged by the President's showing of compassion toward the families of those facing deportation.
Fifth Circuit Overturns Silva Trevino!
The U.S. Court of Appeals for the Fifth Circuit held yesterday that courts may no longer look beyond the record of conviction in determining whether a person has been convicted of a crime involving moral turpitude.