DOJ Charges Judge and Court Officer With Assisting Alien In Evading ICE Arrest

On April 25, 2019, the United State Attorney's Office for the District of Massachusetts announced charges against a local judge and a court officer for helping an alien who was in the United States illegally escape the court building without being apprehended by the United States Immigration and Customs Enforcement (ICE).

Judge Shelley M. Richmond Joseph, a state judge in Newton, Massachusetts, was charged with conspiracy to obstruct justice, aiding and abetting, and obstruction of a federal proceeding. Wesley MacGregor, a former court officer, was charged with those same three counts in addition to perjury. Both defendants pled not guilty to all of the charges.

Stephen Dinan of the Washington Times reported on the details of the indictment [link].[1]

Judge Joseph had been presiding over judicial proceedings involving Jose Medina Perez, an alien who was in the United States illegally and who was appearing in court a few days after being arrested on criminal drug charges. Perez had been removed from the United States twice before, in 2003 and 2007. ICE issued a detainer request and warrant of removal and an ICE officer appeared at the proceeding to arrest Perez in the event that he was released from criminal custody.

According to the indictment, Judge Joseph ordered the ICE officer from the court room while telling him to wait in the lobby, where Perez would ostensibly be released in the event that he was not held on the state charges. The indictment then details that Judge Joseph being was recorded by the court's recording system discussing how to keep Perez from being arrested by the ICE officer — before turning off the recording system for a period of 52 seconds. After the lapse in the recording, Judge Joseph ordered Perez released and reassured her clerk that she would not allow ICE into the courtroom to take custody of Perez. The indictment then alleges that MacGregor, who was the courtroom officer for Judge Joseph on that day, used his keycard to allow Perez to exit the building through a rear entrance, thereby avoiding detection by the ICE officer who had been told to wait in the lobby. MacGregor's perjury charge stems from allegations that he lied to a grand jury, claiming that he did not know that an ICE officer was there and denying that he knew of an outstanding ICE detainer request for Perez.

The U.S. Attorney for the District of Massachusetts stated: “We cannot pick and choose the federal laws we follow, or use our personal views to justify violating the law. Everyone in the justice system — not just judges, but law enforcement officers, prosecutors, and defense counsel — should be held to a higher standard.” However, Dinan quoted the state Attorney General for Massachusetts criticizing the decision as “a radical and politically motivated attack on our state and the independence of our courts.”

The case is likely to be publicized due to the debate about ICE enforcement activities in local courts. In a separate article, we discuss ICE's policy on enforcement actions inside federal, state, and local courtrooms [see article]. The instant charges are unusual in that local authorities are being charged with actually obstructing ICE enforcement activities and abetting an alien in evading arrest. We will update the site with more information on the case once it is resolved.

Any alien who is arrested and charged with inadmissibility or removability should consult with an experienced immigration attorney immediately, regardless of the place and manner of the immigration arrest.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

1. Dinan, Stephen. “Sanctuary court: Massachusetts judge charged with obstruction after helping illegal escape ICE.” The Washington Times. Apr. 25, 2019. https://www.washingtontimes.com/news/2019/apr/25/massachusetts-judge-charged-obstruction-after-help/

Lawyer website: http://myattorneyusa.com

Acting DHS Secretary Designates New Senior Official at CBP

On April 15, 2019, Acting Secretary of Homeland Security Kevin McAleenan designated John P. Saunders as the senior official performing the functions and duties of the Commissioner of the U.S. Customs and Border Protection (CBP) [PDF version]. Saunders is the CBP's Chief Operating Officer. Despite being designated as the Acting Secretary of DHS on April 11, 2019, McAleenan remains the Commissioner of the CBP. Because of his new responsibilities as Acting Secretary of Homeland Security, McAleenan designated Saunders to run the CBP in his stead. As of this date, President Trump has not announced a nominee for the post of Secretary of Homeland Security.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

USCIS Ending Forms Request Line Service on June 1

On June 1, 2019, the United States Citizenship and Immigration Services (USCIS) will end its Form Request Line service [PDF version]. The Form Request Line allowed individuals to order USCIS forms by phone. While individuals may still request copies of USCIS form by mail by calling the USCIS Contact Center or by using the USCIS website's Forms by Mail request tool, the USCIS encourages them to download and print forms for free from the USCIS website.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Visa Bulletin for May 2019

Introduction

On April 8, 2019, the U.S. Department of State (DOS) published the Immigrant Visa Bulletin for May 2019 [PDF version]. The Visa Bulletin for May 2019 contains filing dates and final action dates for filing for immigrant visas based on approved immigrant visa petitions in the employment-based and family-sponsored preference categories for that month. On April 15, 2019, the United States Citizenship and Immigration Services (USCIS) determined that adjustment of status applicants with approved family-sponsored petitions must use the Visa Bulletin's more favorable filing dates whereas those with approved employment-based petitions must use the final action dates for May 2019 [PDF version].

In this article, we will examine the pertinent charts from the May 2019 Visa Bulletin for family-sponsored and employment-based immigrant visa and adjustment of status applicants. To see a list of our visa bulletin articles, please see our index [see index]. To learn how to use the visa bulletins, please see our informational article on that subject [see article].

Family-Sponsored Cases

The USCIS has determined that beneficiaries of approved family-sponsored immigrant visa petitions must use the dates for filing charts from the Visa Bulletin for May 2019. This is good news for prospective adjustment applicants in the family-sponsored preferences because the filing dates are generally more favorable to applicants than are the final action dates. In order for the beneficiary of an approved family-sponsored immigrant visa petition to apply for adjustment of status in May 2019, the beneficiary's priority date must be before the applicable filing date cutoff for his or her preference category and chargeability area. The individual must also be otherwise eligible for adjustment of status under the Immigration and Nationality Act (INA) and the pertinent implementing regulations.

The priority date for a family-sponsored immigrant visa petition is generally the date on which the petition was properly filed with the USCIS.

The following are the filing dates for family-sponsored cases in May 2019 [see here].

For informational purposes, the following are the final action dates for family-sponsored cases in the Visa Bulletin for May 2019 [see here].

Employment-Based Cases

The USCIS has determined that beneficiaries of approved employment-based immigrant visa petitions must use the final action date charts from the Visa Bulletin for May 2019. In order for the beneficiary of an approved family-sponsored immigrant visa petition to apply for adjustment of status in May 2019, the beneficiary's priority date must be before the applicable final action cutoff for his or her preference category and chargeability area. The individual must also be otherwise eligible for adjustment of status under the Immigration and Nationality Act (INA) and the pertinent implementing regulations.

The priority date for an employment-based petition that required labor certification is generally the date on which the labor certification application was approved by the U.S. Department of Labor (DOL). The priority date for employment-based petitions that did not require labor certification is generally the date on which the petition was properly filed with the USCIS.

Before examining the employment-based charts from the Visa Bulletin for May 2019, please note that “C” stands for “current.” Beneficiaries of approved employment-based petitions in a preference category and chargeability area with a date of current for May 2019 are eligible to apply for adjustment of status in May 2019 provided that they otherwise meet the generally applicable statutory and regulatory requirements for adjustment.

The following are the final action dates for employment-based cases in May 2019 [see here].

For reference purposes, the following are the filing date charts for employment-based cases in May 2019 [see here].

Visa Bulletin Update Regarding China and India E1

The DOS notes in the Visa Bulletin for May 2019 that “there continues to be an extremely high rate of demand for E1 numbers [for China-mainland born and India], primarily for USCIS adjustment of status applicants.” Because of this demand, the “situation may require the retrogression of this final action date in an effort to limit future number use.” The DOS added that if it determines that retrogression of the China and India E1 final action dates is necessarily, it would be temporary and return “to the latest reached during fiscal year 2019 for October, the first month of fiscal year 2020.”

Chinese and Indian beneficiaries of approved E1 petitions should be prepared for the possibility that their final action dates may be retrogressed in the coming months. The DOS did not provide definite information for when or to what extent this may occur. Potential date retrogression in these categories will depend on the continuing demand for visas and adjustment of status.

Conclusion

It is important for the beneficiaries of approved immigrant visa petitions in the family-sponsored and employment-based preference categories to stay abreast of the immigrant visa bulletin. It is especially so for adjustment of status applicants who must affirmatively apply for immigrant status. Beneficiaries should consult with an experienced immigration attorney for any and all necessary case-specific guidance, including for information about how the visa bulletin works and seeking status as an immigrant either through consular processing abroad or through the adjustment of status process in the United States.

We will update the website with information about the Visa Bulletin for June 2018 once the DOS releases the bulletin and the USCIS determines which dates adjustment of status applicants must use.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com