News Update - August 23, 2008
By Alan Lee, Esq.†‡
Strong Caution on Attempting to Obtain a 10-Year Green Card; Voluntary
Deportation Program Abandoned; Suit to Require Decision on Citizenship
Applications Before November Elections Dismissed
Readers are strongly cautioned to consider the strength of their
cases prior to attempting to obtain the so-called 10 year green
card. The actual title, "Application for Cancellation of Removal",
requires among its elements a showing of "exceptional and extremely
unusual hardship." The application is filed and adjudicated
in removal proceedings before the immigration court, which imbues
it with danger. We will be writing an article containing caselaw
on this subject in the near future.
In light of the fact that only eight individuals appeared for voluntary
deportation in a 2 1/2 week period under the U.S. Immigration and
Customs Enforcement Program "Operation Scheduled Departure,"
which was offered on a trial basis in Charlotte, N.C., Chicago,
Phoenix, San Diego, and Santa Ana, Calif., the agency has shut down
the program. The program encouraged fugitive aliens who had not
committed crimes but had final orders of exclusion, deportation,
or removal, to report to immigration offices so that they could
leave within 90 days. However, there was no incentive other than
the speculative benefit that U.S.I.C.E. agents would not somehow
arrest and detain them in a raid.
The Southern District Court of New York on August 7, 2008, dismissed
the plaintiffs' motions for preliminary injunction and class certification
in a class-action suit to compel U.S.C.I.S., the FBI, and the Attorney
General to adjudicate naturalization applications before the presidential
election in November. Milanes v. Chertoff, et al, 08-cv-02354
(SDNY 8/7/08), was filed on behalf of all naturalization applicants
who submitted applications for naturalization that were either not
adjudicated within 180 days of filing or 120 days after the interview.
In an August 11, 2008, update on naturalization processing times,
U.S.C.I.S. announced that it anticipated naturalization processing
to average 10-12 months nationally by the end of September 2008.
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