B FEBRUARY 12-14, 2014 • LA MIDWEEK ASIAN JOURNAL Immigration
Edge
Atty. Daniel
Hanlon
Community Journal
How to reopen a
deportation order
without having been present at or cannot be charged with havthe hearing, the rules are quite ing received proper service, the
FOR the better part of the past different. If the alien did not re- Motion to reopen and rescind the
ten years, the USICE and related ceive proper notice of the hear- in absentia order may offer relief.
law enforcement agencies have ing, the Motion may be filed at While the Motion to reopen is
embarked on an aggressive cam- ANY TIME after the order was pending, the order of deportation is also stayed, such that the
paign to apprehend and remove entered.
INS cannot physically
from the United States
remove the alien during
thousands of aliens against
“If
the
alien’s
failure
to
appear
that time.
whom “final orders” of dewas caused by ‘exceptional
The NTA or
portation or removal have
been entered.
Most of
circumstances,’ the Motion to OSC warns the alien
these individuals actually Reopen must be filed within 180 that he will be ordered
deported in his absence
appeared in Immigration
Court and were informed of days of the order. ‘Exceptional if he fails to appear at
the hearing. The Judge
the order for them to either
circumstances’ is defined as
cannot properly order
leave the US voluntarily
INCLUDING serious illness
the alien removed if he
within a specific time frame
of the alien or death of a close did not receive proper
or be deported. A high
percentage of these aliens,
relative, but not including ‘less written notice of this
penalty. In some case,
however, never appeared in
however, even if the
court, and were ordered dealien received written
ported “in absentia.” While
If the alien’s failure to appear notice, he may be able to reopen
aliens who appeared in court and
had their rights explained to was caused by “exceptional cir- the proceedings if he did not rethem have very limited opportu- cumstances,” the Motion to Re- ceive oral warnings of the consenities for relief from deportation, open must be filed within 180 quences of the failure to appear
there may be relief for thousands days of the order. “Exceptional and new relief has become availof aliens ordered deported in ab- circumstances” is defined as IN- able to the alien since the order
sentia through the filing of Mo- CLUDING serious illness of the was rendered.
Since every case is different,
alien or death of a close relative,
tions to Reopen.
Generally, Motions to reopen but not including “less compel- and the number of scenarios unremoval proceedings must be ling” circumstances. Therefore, der which a Motion to reopen an
filed within 90 days of the Im- certain ailments or incapacities in absentia order may be feasible
migration Judge’s or Board of that are not suggested in the are too numerous to mention
Immigration Appeals’ (“BIA”) or- statute may also excuse a failure here, any person who is the subject of a final order of deportader. Only one motion to reopen is to appear.
Proper service of notice is ac- tion should consult a competent
permitted. This standard type of
Motion to reopen is designed for complished by either personal attorney, with demonstrated excases in which new evidence or service of a Notice to Appear perience in these matters. The
new eligibility for certain forms (“NTA”) (Formerly, Order to attorney should be able to advise
of relief from deportation become Show Cause (“OSC”)), or if per- as to what evidence was presentavailable after the court issues its sonal service is “not practica- ed against him to establish his
order. Because of the strict time ble,” then by mail to the alien’s removability and proper service,
and numerical limitations, how- last known address or counsel and how to present an argument
ever, Motions to Reopen to apply of record. The BIA has held that against effective service, in order
for relief previously unavailable Service by mail to the alien must to successfully reopen the deporor based on changed facts are be by delivery to the alien or tation case.
some other responsible person
***
relatively rare.
When an alien has been or- at the address provided by the Daniel P. Hanlon is a California State Bar
dered deported in absentia; i.e., alien. If the alien did not receive Certified Specialist in Immigration and
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PAGE B1 t
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Immigrant
Living: 101
and Beyond
Monette
Adeva Maglaya
A ‘SELFIE’ is a do-it-yourself
self-portrait using a handheld digital camera or the now ubiquitous
cellphone. A ‘selfie’ can be taken
for laughs. But more often than
not, it is for the purpose of immediate electronic posting in any
one of the social networks, usually Facebook or Instagram for all to
see. In our electronic world, it is
a way of attracting or demanding
attention, sort of saying to your
world of followers or connections,
“Look at me. Look at me.”
The most famous ‘selfie’ is
the one taken by one of 3 heads
of state (USA, Denmark and the
UK) during the funeral of Nelson
Mandela. That ‘selfie’ created a
big flap for its impropriety considering the somber occasion. It also
reportedly became a source of
jealousy and frosty discord in the
White House. The blonde Danish
head was flanked by 2 men in that
photo while Michelle Obama sat
on one side of the President, looking appropriately somber and visibly unimpressed by the juvenile
stunt.
I have used that cellphone feature myself a few times. It is convenient not to have to impose on
someone else to take a photo of
yourself on your cellphone. Although I must say the results of all
those close-up ‘selfie’ shots with
a moon face and all the eye bags
and the wrinkles magnified are
strong arguments against selfies.
Not to worry though, vanity
will always find a way. There are
telescopic, retractable stick-like
gadgets you can buy that you can
place your cellphone at one end
that enables one to take shots of
yourself farther than your arm
and hand can manage. There are
even apps you can use to correct
that physical limitation of arm’s
length.
The ‘selfie’ is a telling indicator
of the age we live in. We cry for
and demand attention from others. There are those who are falling in love with their own images,
their own thoughts and their cyber
persona thinking they have thousands of followers. Some even
think they have become legends
in their own minds. They believe
the world revolves around them
and that their personal happiness
is paramount.
Following the lead of celebrities in the sports and entertainment world, we are being led to
believe that life is all about I, Me
and Myself at center stage. The
songs and stories in popular media all amplify and sell the story
of self-love as the highest form of
love. It isn’t.
We have all the electronic tools
Barrister’s
Corner
Atty. Kenneth
Ursua Reyes
THE Immigration Marriage
Fraud Amendments of 1986
(IMFA) requires an alien obtaining a green card through a marriage less than two years old to
come back at the end of that two
years with the petitioning spouse
and show that they are still married or, if the marriage was terminated, to show that the marriage was entered in good faith
before the USCIS will issue them
a permanent (unconditional) greencard.
Any alien who obtains a green
card through a spousal petition
by virtue of a marriage entered
less than twenty four months
before the status is obtained
will only receive a conditional
green card under INA §216(d).
To remove this condition, both
spouses must file a form I-751
with the USCIS within 90 day period preceding the expiration of
the conditional green card along
with other supporting documents showing the marriage was
entered in good faith.
However, sometimes alien
spouses are not able to file this
The ‘selfies’ generation
“Vanity of vanities;
ALL IS VANITY.”
— Ecclesiastes
for self-absorption at hand these
days: camera phones, computers,
tablets, Facebook, Twitter, Instagram, Snapchat and other forms
of social media and the unceasing, unrelenting advertising messages that prick and capitalize on
our vanity. Advertisers know our
hot buttons and the messages
they cleverly craft and send are
designed to keep pressing those
buttons until we succumb and
buy what we are being sold.
Self-absorption is certainly not
a new phenomenon. It is probably written in the human DNA
from the beginning but is just
more widespread because of the
available technological platform
to profess self-love.
Advanced, wealthy civilizations
in history have fallen for the same
trap. Maybe it’s time to dredge
out those stories from mythology,
told and retold from the distant
past, so we can better understand
how to deal with this interesting
yet disconcerting trend and see
how too much self-absorption
driven by obsession can eventually lead to despondency and unhappiness.
The antidote to self-absorption,
just like for many ills that plague
our world today, is still the same
as it was in the past — love and
concern for others, interest in the
well-being of someone or being
involved in something bigger,
higher, loftier than one’s self.
The idea of sacrifice still remains
the most concrete, visible form
of love for another. In an age of
instant gratification, sacrifice has
become passé, a thing of the past.
And that, perhaps, is the reason
for much of the world’s troubles
these days.
In the end, happiness finally
comes with the humble awareness and quiet appreciation of
what was, what is and what is
yet to come — right now, right
here where we live our days and
nights, just within the small circle
consisting of ourselves and our
loved ones, without demanding
attention from others. Do remember that not everyone is rooting
for you.
If we think we have become
stars in the firmament because
of our own self-absorption, here’s
a story from Greek mythology to
help bring us down a notch back
to terra firma with a soft, gentle
thud.
Long ago when enchanted
creatures peopled the earth,
there was a nymph called Echo.
She probably rated a nine and a
half on a 10 point-attractiveness
scale, gorgeous, knowledgeable
and perfect in every way except
for one thing — she was a chatterbox without equal. She liked to
hear herself talk far too much and
perhaps, with a tinge of hubris,
would insist on having the last
word in every conversation.
Juno, the queen of the Gods,
was so irked by Echo’s habit that
she meted out a punishment just
for her. Echo will no longer be
able to talk, except for one tiny
concession — she will be able to
say only the last word.
In the same forest where the
nymphs lived, there was a young
man named Narcissus who was
so classically handsome and perfectly proportioned that all the
nymphs oohed and ahhed and fell
in love with him at first sight.
Picture Michelangelo’s marble
sculpture of “David” in flesh and
blood. If he were real person today, he would have made the
cover of People’s Sexiest Man of
the Year.” His fans became legion. All that adulation got into
his head. He became extremely
vain. No nymph was good enough
for him.
One day, Echo espied Narcissus while he was hunting with his
peers and fell in love with him like
a ton of bricks. She longed to tell
him of her feelings, but in her afflicted state, she became painfully
shy and simply contented herself silently watching him from a
distance, shadowing Narcissus’
every move. Narcissus, however,
became aware of her shadowy
presence and talked her out of
her hiding place. Echo could only
repeat the last words of what Narcissus was saying in their conversation so she may have came out
sounding like a mindless idiot,
vexing the vain Narcissus.
Besotted with love for the hunk
however and believing Narcissus’
plea that she come out so they
can be joined together, she finally
overcame her crippling shyness
and revealed herself. However,
Narcissus felt she wasn’t good
enough for him and snubbed her.
He scorned her for her bold presumptuousness and repudiated
her. He sent her away in the most
cutting words swearing he would
rather die than be with Echo. (To
be continued)
***
Nota Bene: Monette Adeva Maglaya’s opinions
are her own and do not necessarily reflect
that of the management of Asian Journal
Publications, Inc. She has written the book, “The
Complete Success Guide for the Immigrant Life”
and edited its companion book of quotations.
Her books are available at amazon.com. To
send comments or requests, e-mail monette.
[email protected] or monette.maglaya@
asianjournalinc.com When you send comments
by email, please use your real name.
Waiver of joint petition to remove
conditional permanent residency on
a marriage entered less than 2 years
Joint Petition to remove the condition on their green card because the couple got divorced
or are in the process of filing a
divorce and is having difficulties
getting the cooperation of the US
citizen spouse. When the alien
spouse falls into this situation,
it is still possible for them to obtain their permanent green card
by filing a waiver. The waiver
must be based on one of the following reasons 1) Extreme hardship would result if such alien is
removed 2) The qualifying marriage was entered in good faith
by the alien spouse, but … has
been terminated (divorce), and
the alien was not at fault in failing to timely file the joint petition and attend the interview;
or 3) The qualifying marriage
was entered into in good faith
by the alien spouse and during
the marriage the alien spouse or
child was battered by or was the
subject of extreme cruelty perpetrated by the US citizen parent
or permanent resident spouse
or parent and the alien was not
at fault in failing to file the joint
petition and attend the interview.
INA §216(c)(4); 8 CFR 216.5
If you have a conditional green
card and your are having difficulty obtaining cooperation from
your US citizen spouse in signing a joint petition to remove
this conditional green card, you
should consult an attorney to assist you in planning for and obtaining a waiver.
***
Attorney Kenneth Ursua Reyes is a Certified
Family Law Specialist. He was President of
the Philippine American Bar Association. He is
a member of both the Family law section and
Immigration law section of the Los Angeles
County Bar Association. He has extensive
CPA experience prior to law practice. LAW
OFFICES OF KENNETH REYES, P.C. is located at
3699 Wilshire Blvd., Suite 700, Los Angeles,
CA, 90010. Tel. (213) 388-1611 or e-mail
[email protected] or visit our website
at Kenreyeslaw.com.
***
Please note that this article is not legal advice
and is not intended as legal advice. The article is
intended to provide only general, non-specific legal
information. This article is not intended to cover
all the issues related to the topic discussed. The
specific facts that apply to your matter may make
the outcome different than would be anticipated
by you. This article does create any attorney client
relationship between you and the Law Offices
of Kenneth U. Reyes, P.C. This article is not a
solicitation.
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CERTIFICATE OF RECOGNITION. Pena N. Orbita and Jonathan Orbita, Jr. received a surprise Certificate of Recognition from the unexpected
guests, the honorable, Mayor Jim Dear and Elito Santarina: Mayor Pro Temp of Carson City. Other guests include Senator Leland Yee (Candidate
for California State Secretary 2014), Manny Ilagan (Deputy Director-DOT), Jun A. Jao, (President - FACCOC), Atty. Alma Luna Reyes (FORUM
ASIA Magazine-Publisher/Editor ), Thelma Calabio (President Fil-Am Press Club), Mylah De Leon, and Andy Edralin (VP-FAPCLA) during her
Photo by Joe Cobilla
50th birthday celebration at the Disneyland Hotel, Anaheim, CA on January 11.