And Justice for ALL

LATIMORE Esq. LLC

RION LATIMORE ATTORNEY AT LAW

Immigration Appeals

Phone: (513)-293-1119

Email:

…And Justice For ALL

A Removal/Deportation Defense Newsletter and Advertisement for Detained Non-Citizens Seeking Relief and Justice. Vol. I

Latimore Esq. LLC Launches New Website!

Access the Law Firm Anytime at www.removalappeals.com, or www.fight-deportation.com.

Attorney Rion Latimore and his firm are now online! The website includes information about the law firm, its attorney, his background, and how to contact us. The website also provides access to recent developments in immigration case law, guides for those facing deportation and their families, a detailed flow chart of removal proceedings, and a description of our firm’s goals.

Recent immigration news:

President Bush recently signed a bill into law which will pay to create a 700 mile fence along the border with Mexico in the Tijuana area. The fence will use high tech surveillance to protect against illegal immigrants entering from Mexico in high traffic crossing areas. President Bush deployed 6,000 National Guard troops earlier this year to the border region. Although this may seem like a tough response to illegal immigration, Bush is in favor of allowing temporary guest workers to work legally in the United States. President Bush said about restricting illegal immigration:

"The funds that Congress has appropriated are critical for our efforts to secure this border and enforce our laws, yet we must also recognize that enforcement alone is not going to work," he said. "We need comprehensive reform that provides a legal way for people to work here on a temporary basis."

It is estimated that there are 12 million illegal immigrants living in the United States. Lets hope that the President realizes the harshness of some of the current immigration laws used to deport visa holders and legal permanent residents, and that that segment of immigrants is protected in future legislation as well.

LIBERIA’S Temporary Protected Status will end on October 1, 2007.

Following a review of country conditions and consultations with the appropriate Government agencies, the Secretary of the Department of Homeland Security (DHS) has determined that the TPS designation of Liberia should be terminated. Although the designation was due to expire on October 1, 2006, this termination will not take effect until 12:01 a.m. October 1, 2007, to provide for an orderly transition. All Liberian TPS beneficiaries must comply with re-registration requirements to maintain TPS benefits through September 30, 2007. TPS benefits include temporary protection against removal from the United States, as well as employment authorization, during the TPS designation period. Re-registration is limited to persons who have previously registered for TPS under the designation of Liberia and whose application was granted or remains pending. Liberians (or aliens having no nationality who last habitually resided in Liberia) who have not previously filed for TPS and been granted, or who do not already have a pending application for TPS under the designation for Liberia, may not file under late initial filing provisions. 8 CFR 244.2(f)(2). Late initial filings (LIFs) are only allowed during an extension of a TPS designation. The designation of Liberia for TPS is being terminated effective 12:01 a.m. October 1, 2007. (USCIS press release)

This change means that many Liberian Nationals who were previously protected from deportation from the United States by the TPS may now face removal to Liberia. It is of the utmost importance to begin preparing for your removal proceedings as soon as possible in order to evaluate and develop all defenses available to you. If you will be facing removal, contact us so we can help you.

Here are some of the cases which were decided in Federal Court between 10/09/06 and 10/13/06 which affect immigration law.

U.S. 2nd Circuit Court of Appeals:

Shao vs Board of Immigration Appeals (10/12/06 - No. 04-3965)

Denial of application for asylum and other relief, based on finding that petitioner's testimony on his fear of persecution was not credible, is vacated and remanded for the BIA to decide in the first instance whether a person who fathers or gives birth to two or more children in China, in apparent violation of China's family planning policies, may qualify on that basis alone as a person who has a well founded fear that he or she will be forced by the Chinese government to abort a pregnancy or to undergo involuntary sterilization and may accordingly qualify as a refugee.

US v. Pereira (10/13/06 - No. 05-5969)

Sentence to non-Guidelines term of imprisonment of 62 months and three years supervised release, after guilty plea to illegally reentering the U.S. after having been deported following a 1998 conviction for commission of an aggravated felony, is affirmed over principal claim that the district court, when calculating the applicable sentence range under U.S.S.G. section 2L1.2, improperly increased defendant's offense level on the basis of the 1998 conviction, for which he was adjudicated a youthful offender under New York State law.

U.S. 5th Circuit Court of Appeals:

US v. Hernandez-Rodriguez (10/10/06 - No. 05-51429)

The offense of "deadly conduct," as defined in Tex. Penal Code Ann. section 22.05(b)(1), constitutes a crime of violence for purposes of sentence enhancement under U.S.S.G. section 2L1.2(b). A sentence for illegal reentry is affirmed over claims that: 1) the district court erred in finding that a Texas conviction for deadly conduct triggered a 16-level crime-of-violence adjustment under the guidelines; and 2) that, in light of Apprendi, his section 1326 sentence was limited to a maximum two years of imprisonment.

Here are some of the cases which were decided in Federal Court between 10/02/06 and 10/06/06 which affect immigration law.

U.S. 3rd Circuit Court of Appeals:

Joseph v. Att'y Gen. of the U.S. (10/02/06 - No. 05-1047)

Petition for review of denial of withholding of removal is granted and the matter remanded to the BIA where defendant's 18 U.S.C. section 922(a)(3) conviction for transporting firearms across state lines was not an aggravated felony of "illicit trafficking in firearms" under 8 U.S.C. section 1101(a)(43)(C).

U.S. 5th Circuit Court of Appeals:

Amouzadeh v. Winfrey (10/05/06 - No. 04-50903)

Unlawful procurement of naturalization in violation of 18 U.S.C. section 1425(a) is a crime involving moral turpitude under section 237(a)(2)(A)(ii) of the Immigration and Naturalization Act (INA), as amended.

U.S. 6th Circuit Court of Appeals:

Pickering v. Gonzales (10/04/06 - No. 03-3928)

Petition for review of a BIA order permanently barring petitioner from the US is granted and the matter remanded to the BIA with orders to quash an order of deportation and terminate deportation proceedings where the INS did not prove that a Canadian court quashed the petitioner's drug conviction solely to avoid adverse immigration consequences.

U.S. 7th Circuit Court of Appeals:

Sepulveda v. Gonzales (10/02/06 - No. 05-4035)

Petition for review of the denial of an asylum application by a former employee of the Colombian Attorney General's office is granted and the matter remanded for further proceedings where the petitioner was a member of a distinct social group, but had not yet established a reasonable fear of being persecuted if he returns to Colombia.

Petrov v. Gonzales (10/06/06 - No. 05-4696)

Petition for review of denial of withholding of removal is dismissed for lack of jurisdiction where: 1) the decision whether the petitioner's conviction was for a "particularly serious" crime is discretionary and not subject to review; 2) petitioner's conviction was for an aggravated felony, which blocks review of the removal order; 3) the aggravated felony rule contains no exception for claims under the Convention Against Torture; and 4) there were no legal or constitutional claims that would give the court jurisdiction.

U.S. 9th Circuit Court of Appeals

Mendez-Alcaraz v. Gonzales (10/02/06 - No. 04-74268)

Denial of motion for reconsideration of deportation order is affirmed where the motion was untimely and petitioner was not entitled to equitable tolling.

Bazua-Cota v. Gonzales (10/03/06 - No. 06-70717)

Petition for review of BIA's final order of removal is dismissed where the court lacks jurisdiction to review the BIA's discretionary denial of adjustment of status.

Cisneros-Perez v. Gonzales (10/04/06 - No. 04-71717)

Petition for review of an IJ decision that petitioner was ineligible for cancellation of removal because of a battery conviction is granted and the case remanded for further proceedings where there was insufficient documentation to establish that petitioner's prior conviction was necessarily a crime of domestic violence.

U.S. 10th Circuit Court of Appeals

Brue v. Gonzales (10/06/06 - No. 05-9569)

A petition for review of a final order of removal made pursuant to a finding that petitioner was an alien and removable because he committed an aggravated felony is denied over claims that: 1) because he met the statutory requirements for naturalization when his adoptive parents tendered an application on his behalf, he automatically acquired citizenship and was not subject to removal; 2) removal proceedings violated his Fifth Amendment due process rights because he was mentally incompetent; and 3) the agency failed to consider the appropriate factors when finding that he had committed a "particularly serious crime."

Our Mission:

To help people. If an immigration judge has found that you are properly removable or deportable from the United States we can help you. If you have been convicted of a crime and the Department of Homeland Security is attempting to have you deported then we can help you. We practice only in the areas of Immigration appeals in front of the Board of Immigration Appeals and defending people appearing before Immigration Judges who have been convicted of crimes, and who the government is seeking to have deported.

About Us:

At Latimore Esq. LLC we understand that many people who the government seeks to have deported have lived in the United States since a very young age, and often don't know anyone in their "home" country, and may not even know the language!! We are a family run, family staffed, family owned business; we want you to be able to remain in the United States with your wife, children, parents, brothers, and sisters. We only accept a limited number of cases in a limited area, Board of Immigration appeals, and deportation proceedings as a result of criminal convictions, so we have the time and focus to put everything into your case.

Contact Information:

Phone: 513-293-1119

Facsimile: 513-247-9580

Postal address :

Latimore Esq. LLC 2693 Madison rd. N1-310 Cincinnati, Ohio 45208

Electronic mail: