The US Deportation Laws

The term “deportation” is used when an immigrant is formally removed from the US by the federal government for violating specific or immigration laws. After deportation, a foreigner may not have the right to step into the US anymore.

Keep in mind that if you are in a different country, being NOT involved on any drug cases and avoiding deportation is a must. But if it is avoidable, you must seek for a legal advises or look for a drug crime lawyer Dallas TX.

Deportation is a legal process; so any foreigner who is subject to the procedure has rights before being deported from the US, including a right to challenge the deportation itself on constitutional or procedural grounds.

Classes of Deportable Foreigners according to the US Deportation Laws

Any foreigner who is in the US may be subject to removal or deportation if he/she:

  •  Is present in the United States in violation of the Nationality and Immigration Act or other United States laws
  •  Aided or encouraged any other foreigner to illegally enter the United States
  •  Terminates a conditional permanent residence
  •  Violated any entry condition into the United States or non-immigrant status
  •  Is inadmissible according to the immigration laws during the entry time into the United States or non-immigrant status adjustment
  •  Has been convicted of specific criminal offenses
  •  Was involved in voting unlawfully
  •  Was involved in any activity which causes a national security risk or endangers the safety of the public
  •  Falsified or did not register entry documents into the US
  •  Was involved in marriage fraud in a bid to get into the US

Deportation Process According to the US Deportation Laws

  •  The United States Immigration and Customs Agency issue a Notice to Appear which is served to the foreigner and then filed with the immigration court. The NTA contains the immigrant’s general information (name, age, country of origin, etc.), as well as the reasons for the eviction or deportation.
  •  A hearing will be scheduled, where the immigration judge will ask if the foreigner is ready to continue with the case, or needs more time to get an attorney. If the latter is the case, a hearing will be scheduled for another date.
  •  After choosing to proceed without an attorney, or securing one, the contents of the Notice to Appear must be verified by the foreigner.
  •  If the immigration judge concludes that the NTA information is correct, the foreigner is given a chance to apply for an appeal from deportation. But if the foreigner isn’t eligible, the judge will order a deportation.
  •  If the foreigner has been deported by order, he/she has thirty days to appeal to the Board of Immigration Appeal. If the appeal isn’t granted, the foreigner can appeal to the appropriate Court of Appeals. An unfavorable hearing decision can be appealed by the immigration service, but cannot do this with the BIA. The immigration service or the foreigner can appeal the appellate court decisions to the United States Supreme Court.

Get Legal Support with Your Deportation Issue

In the US, deportation is a critical matter which can be tough for immigrants. If you or your love ones faces a potential eviction or deportation, it is advisable to get an immigration attorney to protect your rights and discuss your case. You can check here if you decided to look for legal support.

 

How To Navigate the Justice System for Drug Trafficking

If you have been accused of trafficking drugs, there are many things you will have to worry about as you navigate the justice system. One of the biggest things you will have to contend with is who will stand by your side as you face your trial. In order to make your journey through the system easier, you will want to find a drug defense lawyer that can help you to at least understand what you are facing. In order to find the right criminal justice lawyer, you will have to do some research.

How can you do that?

Start with Interviews

Drug trafficking is an extremely serious charge. You need to be able to have a lawyer who knows what he is talking about and has plenty of experience with drug trafficking cases. When you are interviewing a potential lawyer, there are plenty of questions you can ask him or her. They include:

  • What experience do you have with drug trafficking cases?
  • How long have you been a lawyer?
  • What have been some of the outcomes for your drug trafficking cases?
  • How many cases do you typically have in your caseload?

o How many of those are drug trafficking cases?

  • Do you have any cases of drug trafficking now?
  • What are your fees and how are they structures?
  • Can you provide references from drug trafficking cases?
  • Are there any additional costs?
  • Who will contact me throughout my case?
  • How will you update me on any developments?

You have to keep in mind that a lawyer should be able to answer all of these questions and more when it comes to representing you. Drug trafficking is a crime and charge that is more common than ever right now, but that doesn’t mean that all lawyers will have experience with it.

While you are talking to the lawyer, make sure that you ask to take a tour of the lawyer’s office. For a drug trafficking charge, you will likely spend a lot of time there. You will be able to tell if you feel comfortable here, and you will be able to tell a little bit more about your possible lawyer as well.

Look around – is there a secretary that is nice and accommodating, or is she avoiding phone calls? Does there seem to be a method to their madness, or is everything out of control with papers flying everywhere? Is the lawyer’s office in a place where you can easily access it? If you need to take public transportation, is it reliable?

These are all things you need to investigate while you are there so that you can see them for yourself.

Now comes the hard part – you have to ask yourself some tough questions:

  • Does this lawyer make me feel comfortable when I talk to him/her?
  • How much am I able to pay to have someone defend me?
  • How quickly did he answer my questions?
  • Was she knowledgeable about drug trafficking cases?
  • Was anything said interesting – i.e. courses or schools that you can attend
  • Could I see myself working with this person for an extended length of time?

Ask Other Attorneys

Do you have a lawyer or attorney that you usually work with that might not specialize in drug trafficking? Chances are, he or she knows a lawyer that can help you to navigate the justice system for drug trafficking. Talk to him or her about what you are looking for in a lawyer – you’ll get responses that will be more informative than any of the reviews that you find online or even on a lawyer’s website. The answer will be real and from someone who knows what he is talking about.

Do Your Research

There are some things that don’t lie, and those are cold, hard facts. Before hiring any lawyer, you want to look up some of his or her history. Do you research by looking online and reading about some past cases, definitely check the references to see if they check out, and yes, read those online reviews. While they aren’t always reliable, they are certainly a good way to find out whether people generally liked or disliked working with him. You can also check to see if your lawyer has any court experience.

There are many resources out there to better check your lawyer’s credentials and success rates. Do not settle with just checking a few of them. While you have to be quick, you also want to be thorough.

PRODUCT LIABILITY

 

  If you have suffered substantial injuries due to a dangerous or defective product, an experienced personal injury lawyer can help protect your rights and work to obtain the compensation to which you are entitled.

At Brewer-Nabavi Personal Injury Lawyers Orange County, we have more than 20 years of combined legal experience handling products liability claims, including those involving:

 Defective tools and machinery (e.g. law mowers; weed whackers; power tools)

� Defective household appliances (stoves; dryers)

� Automobile defects (brake failure; rollover; tires)

� Recreational products (seat collapse on bicycle; motorcycle; other sporting equipment)

� Furniture (chair; high chair)

  • Depending upon the circumstances, we may be able to pursue a claim against anyone in the chain of commerce, from the manufacturer to the retailer. A products liability case may be pursued for the following reasons: the design of the product was defective; the product was not assembled properly or was damaged during transit; or the product had inadequate instructions or warning labels.

Whatever the cause of your injuries, you should not be made to endure any undue suffering as a result of the negligence of manufacturers or retailers. Our job is to try and maximize your recovery so that you have the resources needed to rebuild your life.

In many cases, a product that was designed to protect, simply fails. SUV rollover/roof crush cases, door panel crush cases and tire blowout cases are all examples of dangerous conditions caused by a design defect.

Over the years, we have developed contacts with different types of experts to help pursue products liability cases. We work with different types of experts, who testify in products liability cases.

We represent clients on a contingency fee basis, meaning there is no upfront cost for the claim and we get paid only if we win or settle your case.

If you have been injured by a defective product, at a minimum you should do the following:

 Obtain necessary medical care

� Take pictures of the defective product

� Take pictures of any injury

� Safeguard the defective product, thereby protecting your evidence to support your injury claim

� Ensure that the defective product is not altered in any way

� Retain a list of all witnesses

� Retain the receipt for the defective product if you are the purchaser

� Immediately Contact Brewer-Nabavi Personal Injury Lawyers Orange County for a free consultation

  • Products liability cases have important statutes of limitation that must be complied with in order to protect your rights. Don’t let this important deadline pass, call Brewer-Nabavi Personal Injury Lawyers Orange County today.

Avoiding Personal Injury

 

Personal trauma claims are raising every year and also could be exceptionally demanding for both the organization as well as the wounded staff member. The procedures may become drawn out and also will enviably lose a ton of money and time, not to mention the threat of a tarnished reputation. As an employer, you should take the proper procedures in order to try and prevent injuries from taking place in the job place. We have written a series of ideas to assist prevent individual trauma, which you should include to preserve a degree of safety.

Make sure you know and adhere to the ServiceNow Event Integration Wellness and also Protection at Work Regulations 1999 (Administration Legislations) Act. Organisations ought to perform a normal threat assessment in order to ensure their working environment is both ideal and secure for workers as well as website visitors. This entails the employer analyzing the functioning practice, devices and also regions of the work environment where crashes are most likely to happen as well as consider any sort of potential risks that could affect employees, such as unequal flooring, tracking cables or substandard equipment. When a danger evaluation has actually occurred, it is recommended that the employer review the searchings for over their employees in order to implement appropriate safety operations that will definitely fit everyone.

Do you be sure your workers fill out the crash book? If a lawsuit is filled once more you, you will certainly need to present that the correct procedures have been complied with. Routine checks, such as the ones stated above, will definitely should be proved. The mishap publication need to be up to day and security help must be easily offered for all employees.
Slips and also falls are a typical work spot trauma so it is crucial you perform excellent housework. Make sure laborers take up papers, devices or publications; these can have a nasty routine of becoming an unmanageable lot. Make certain splillings and holes are rapidly washed up and also a sign warning employees of the soaked flour is quickly set up.

article-imageMake sure all passages, paths and staircases are clear. Trips may effortlessly take place in narrow areas when devices is not well-kept. Immobile wardrobes and also equipment rooms even have to remain uncluttered at all times. This may sound evident, but you have to make certain that all walkways are appropriately lit. Dim lightening could lead to slides and also falls, especially when stairways are included.

Wellness and also protection training is very suggested. This proves your organization takes private injury genuinely and also will definitely invest in making the job location a protected environment to be in. If you are handling a hazardous spot then exercise must occur on a routine basis. This aids to sustain a protected requirement, and also the training can easily additionally be adjusted if situations change.

Some bigger companies have a protection assessor so all operations can be fulfilled. They will make certain that the provider adheres to the Wellness and also Protection at Work Legislations Act, as well as will definitely place into spot other precaution that will certainly ensure the job place is secure, which will certainly aid to avoid future individual injury cases

Bank of America Accused of Breaching Loan Modification Settlement Agreement

BANK OF AMERICA – GREETINGS FROM THE VALLEY OF THE SUN!

ARIZONA TRUTH IN LENDING AND BANKRUPTCY LAWYER

The Arizona Attorney general’s office entered into a settlement agreement with Bank of America which required Bank of America to help struggling homeowners get answers to loan modification requests and help modify “qualifying mortgages” for “eligible borrowers” and help provide relocation assistance to some homes that have been foreclosed. Of course, the settlement agreement was signed, but now the Attorney General is claiming BofA breached the agreement. Should anyone be surprised?

Specifically, the Attorney General is claiming a breach of the settlement agreement in the following respects:

(1) Foreclosing on eligible Arizona borrowers who have qualifying mortgages

(2) Failure to convert some temporary modifications to permanent modifications

(3) Keeping borrowers in limbo for extended periods of time (6-12 months) in breach of the settlement agreement

(4) Failure to use best efforts to secure investor approval

(5) Failing to respond to consumer complaint.

You can see the ATTORNEY GENERAL LAWSUIT AGAINST COUNTRYWIDE FOR VIOLATION OF CONSENT DECREE FOR LOAN MODIFICATIONS HERE

The Attorney General also calls them out for a violation of the Arizona Consumer Legal Remedies Act (A.R.S. 44-1522(A)). This section reads:

44-1522. Unlawful practices; intended interpretation of provisions

A. The act, use or employment by any person of any deception, deceptive act or practice, fraud, false pretense, false promise, misrepresentation, or concealment, suppression or omission of any material fact with intent that others rely upon such concealment, suppression or omission, in connection with the sale or advertisement of any merchandise whether or not any person has in fact been misled, deceived or damaged thereby, is declared to be an unlawful practice.

B. The violation of chapter 9, article 16 or chapter 19, article 1 of this title is declared to be an unlawful practice and subject to enforcement under this article.

C. It is the intent of the legislature, in construing subsection A, that the courts may use as a guide interpretations given by the federal trade commission and the federal courts to 15 United States Code sections 45, 52 and 55(a)(1).

Personal Injury

Carney, Appleby, Nielsen, & Skinner, PLC, located in Des Moines, Iowa, handles all cases related to Personal Injury without a fee to you unless we receive a recovery throughout the state of Iowa.

We understand that a personal injury may be the most difficult situation you or your loved ones will ever face. When you hire us, you are retaining dedicated personal injury attorneys experienced in all aspects of serious injuries and malpractice claims. If you are critically or severely injured, our experienced and aggressive trial attorneys will actively pursue litigation and fight for your rights in a court of law. Carney, Appleby, Nielsen, & Skinner, PLC, handles all a variety of personal injury cases, including:

Motor Vehicle Accidents – We represent clients who have injuries resulting from car accidents and car crashes, trucks, 18 wheelers, buses, motorcycles, trains, and pedestrian accidents

Medical Malpractice – We litigate claims resulting from injuries that result from improper health care provided by a doctor, nurse, chiropractor, therapist, hospital, dentist, or clinic, or another health care provider.

Premises & Products Liability – We handle all matters that relate to injuries that are the result of dangerous conditions on someone else’s property, such as slip and falls, fall downs, elevator or escalator injuries, construction accidents, or injuries as a result of defective or unsafe products.

Our firm provides qualified personal injury lawyers who have the experience and skill in both negotiation and litigation procedures. You can depend on the lawyers at Carney, Appleby, Nielsen, & Skinner, PLC to aggressively defend your vital interests. We will work hard to get the results you need to get you back on track—including receiving the proper compensation for your pain and suffering, past and future lost wages, and medical expenses

Family Law International Child Abduction

You may have recently heard a lot in the media about cases of International Child Abduction, due largely to the highly published case of the children from Italy who went into hiding in Australia.

Our Family Law Expert, Anton A Richardson was recently asked to appear on 92.5 Gold FM as their Family Law consultant, to explain that case and International Child Abduction in general.

For those of you who may not have heard those interviews, we asked Anton to explain “What is the Hague Convention on the Civil Aspects of Child Abduction?” Here is what Anton had to say:
The Hague Convention is an international treaty designed to ensure that children who are wrongfully removed or wrongfully retained by a parent, will be returned as quickly as possible to the country in which they habitually reside so that issues of parental responsibility can be resolved by the courts in that country.

Countries that are a party to the treaty have agreed that a child who was living in one Convention country, who has been removed or retained in another Convention country, in violation of the left-behind parent’s custodial rights, shall be promptly returned. Once the child has been returned, the custody dispute can then be addressed in the courts of that country.

The important fact to note is that the Convention does not address who should have custody of the child but rather determines in which country those issues should be considered.

In order to make an application for the return of a child from another Convention country the following criteria must be met:Your child must be under 16 years old;You must have “rights of custody” in relation to the child;You must have been exercising rights of custody at the time your child was taken from Australia;Your child must have been habitually resident in Australia immediately before your child was taken overseas;Your child must have been taken to or retained in a country which is a party to the Hague Convention;Your child must have been wrongfully removed from Australia or wrongfully retained in another Convention country without your prior consent or without a court order.

Your application for the return of your child to Australia may be opposed on the following grounds:The child is aged 16 or over;The child has been outside Australia for over 12 months and is settled in his or her new environment;The child was not habitually resident in Australia at the time of the removal or retention;The applicant in Australia did not have rights of custody in relation to the child;The applicant in Australia was not exercising rights of custody in relation to the child at the time of the removal;The applicant gave prior consent to the permanent removal or retention of the child or subsequently acquiesced to the removal or retention of the child;The child would be exposed to a grave risk of physical harm, psychological harm or some other intolerable situation if returned to Australia;The child objects to being returned and is of an age and maturity to justify his or her views being taken into account;The child’s return would be a breach of its fundamental freedoms and human rights.

If you are concerned that your child may be removed from Australia you can take steps to prevent wrongful removal in the future. We can assist you in obtaining a parenting order from an Australian Court, or an order prohibiting the removal of your child from Australia. The Australian Federal Police can then place your child’s name on the Airport Watch List. We may also be able to assist you in preventing the issue of a passport for your child by raising a Child Alert on the passport system.

If you have any queries in regard to any of the above, please do not hesitate to contact us. Please note that in these cases, time is of the essence. It is important that you do not delay.

“For more information and advice about this topic, please call our office to speak with one of our experts in this area”.

 

Corporate and Employment Law

KSG&A represents a substantial number of businesses of all sizes, including privately and publicly held companies headquartered in DuPage County, and others from all over the United States and the world who do business in the Chicago area. The legal services we provide include:

  • General corporate representation involving corporate formation
     
  • Corporate action and the recording of such action
     
  • Advice and counsel to the board of directors and officers of the corporation regarding corporate structure, finance and stockholder matters
     
  • Corporate acquisitions, divestitures and transactions involving the sale of assets or businesses
     
  • Facilitation of corporate financing and stockholder matters
     
  • Negotiating and preparing contracts
     
  • Franchising
     
  • Corporate restructuring
     
  • Licensing
     
  • Contract issues
     
  • Employment matters including personnel policies, workers’ compensation, civil rights, employment discrimination, ADA compliance and labor contracts and negotiation thereof, FMLA compliance and FLSA compliance
     
  • Litigation
     

Some of the clients we represent include banks, securities and brokerage firms, construction companies, contractors and many other types of businesses.

Real Estate Law

Our real estate services include acquisition and sale of real estate (both commercial and residential), acquisition of easements for municipal streets and utilities, construction contracts, mechanics’ liens, loan documentation and foreclosure, title insurance, tax objection defense for local governments, and condominiums.

 

Land Use and Development Law

Land use, zoning and development are key issues in community vitality and growth. Our firm demonstrates extensive experience in representing local governments, individuals, developers and corporations, in a wide variety of land use and real estate development matters in the Chicago metropolitan area. The attorneys of KSG&A have broad experience in land use law having represented numerous individuals, firms, corporations and government entities in a wide variety of land-use matters. For our developer clients, our attorneys have appeared before zoning boards, plan commissions, city councils and village boards for annexation, rezoning, conditional uses, variations and subdivision matters in DuPage, Will, Kane, McHenry and Lake Counties, the municipalities of Carol Stream, Woodridge, Clarendon Hills, Darien, Evanston, Palos Heights, Burr Ridge, Naperville, Wayne, Lisle, West Chicago, Downers Grove, Hanover Park and many others. KSG&A has also represented various municipalities in land use matters in both state and federal court on annexation, eminent domainlitigation, zoning, regulatory taking and solid waste issues.

Our attorneys represent Elmhurst, Oak Brook, Wayne, Oakbrook Terrace, and the DuPage Mayors and Managers Conference on land use issues. A member of our firm has served as a Special Assistant State’s Attorney, representing the DuPage County Solid Waste Committee, and another member of the firm has represented the City of Wheaton and DuPage Mayors and Managers Conference in a quo warranto action involving the operation of landfills by the DuPage County Forest Preserve District.

The experience of KSG&A, representing both government entities and private clients provides the ability to view land use matters from the perspectives of all major players in the land development process.

Mcwane, Inc. Executive Sentenced For Committing Environmental Crimes

Charles Matlock, an executive with Pacific States Cast Iron Pipe Company, was sentenced in federal court today to 12 months and one day in prison and a $20,000 fine for violating the federal Clean Air Act, the Justice Department and Environmental Protection Agency announced. Pacific States, a division of McWane Inc. located in Springville, Utah, manufactures cast iron pipe for the water and sewer industry.

On February 8, 2006, Judge Benson also sentenced McWane to pay a fine of $3 million—the largest criminal environmental fine in Utah—and serve a three-year period of probation, after it pleaded guilty to violating the Clean Air Act. At that time, Matlock also pleaded guilty to violating the Clean Air Act by rendering inaccurate a stack emissions test required under the Act.

“Protecting local communities from harmful air pollution depends upon honest reporting by regulated companies, and when senior corporate executives cheat on required tests, public health and the environment suffer,” said David M. Uhlmann, Chief of the Justice Department’s Environmental Crimes Section. “Today’s jail sentence of the former top official of McWane in Utah is further proof of the McWane legacy: a repeat offender that committed years of environmental and worker safety violations at facilities across the country.”

“Protecting the quality of life we enjoy in Utah is very important to residents of our state. Those individuals or companies who cause damage to the air quality of our state, putting residents at risk, can expect to be aggressively investigated and prosecuted,” said Acting U.S. Attorney for Utah Stephen J. Sorenson.

“Today’s sentencing of the former vice president and general manager of Pacific States Pipe Company underscores McWane’s lamentable record of serious environmental misconduct nationwide,” said Granta Y. Nakayama, EPA’s Assistant Administrator for Enforcement and Compliance. “The message should be clear that prosecutions will go as high up the corporate hierarchy as the evidence permits and we will hold senior managers of corporations accountable, as well as the corporation itself. All company employees should definitely think twice about knowingly breaking the law because they should clearly understand that they will face incarceration and fines for harming the environment and putting the public at risk.”

In November 2005, McWane, Matlock and another McWane employee were indicted for conspiracy to violate the Clean Air Act by rendering inaccurate a September 2000 stack test; for making false statements in documents required under the Act; and for defrauding the United States. Matlock also was indicted for a separate violation of the Clean Air Act for rendering inaccurate the September 2000 stack test.

In 2001, 2002 and 2003, McWane submitted “Emission Inventory” documents that were based on the inaccurate September 2000 stack test. The Emission Inventory documents in turn falsely stated to the State of Utah that Pacific State’s emissions were at a level that McWane employees knew was not accurate.

In addition to the Pacific States Cast Iron Pipe company litigation, four other McWane divisions, including numerous individuals, have recently been convicted of or pleaded guilty to committing environmental crimes: Tyler Pipe Company of Tyler, Texas (March 2005); McWane Cast Iron Pipe Company of Birmingham, Ala.