Maryland Criminal & Immigration Lawyer Blog

A Federal Class Action Has Altered the USCIS’s Deadline for Adjudicating SIJ Petitions

November 15, 2023 | by Anthony A. Fatemi, LLC

On July 31, a federal court in California issued a ruling in an immigration class action lawsuit. That ruling has created nationwide impacts, with the U.S. Citizenship and Immigration Services authoring an update to its USCIS Policy Manual. That update, which will align with the court’s July 31 ruling, deals with special immigrant juvenile (SIJ) status, the 180-day timeframe for adjudicating an SIJ petition, and the provisions within the Department of Homeland Security’s regulations regarding tolling of that 180-day deadline. This new development is potentially significant in many ways, one of which is to remind anyone with questions about SIJ status to seek out answers from a knowledgeable and fully up-to-date Maryland immigration lawyer.

SIJ status is available to certain immigrants who have been the subject of state juvenile court proceedings regarding abuse, neglect, or abandonment. The way to initiate a request for SIJ status is to file a Form 360, Petition for Amerasian, Widow(er), or Special Immigrant.

An immigrant can obtain SIJ status if he/she (1) “has been declared dependent on a juvenile court or legally committed to the custody of an individual or entity” and (2) cannot viably reunify with one or both parents “due to abuse, neglect, or abandonment.” Additionally, (3) an administrative or judicial proceeding must have deemed “that it would not be in the juvenile immigrant’s best interest to be returned to the juvenile immigrant’s or parent’s previous country of nationality or country of last habitual residence,” and (4) the DHS “consents to the grant of special immigrant juvenile status.”

‘No-Communication’ Orders During Court Recesses and the Right to Counsel in Maryland

October 31, 2023 | by Anthony A. Fatemi, LLC

One of the most important fundamental rights each person in Maryland has is the right to legal representation in criminal matters. This right acknowledges just how important a robust defense is to a fair criminal process and how life-altering a criminal conviction can be. If you are facing a criminal charge (or under suspicion of a crime,) it is important to retain not just any attorney but rather the right Maryland criminal defense lawyer with the knowledge and experience necessary to provide you with the effective advocacy you need.

Because the right to counsel is so fundamental, a trial court order impinging it can be illegal and the basis for a successful appeal. Take, for example, the criminal trial arising from a Christmas night altercation at a Columbia convenience store.

The dispute turned into a stabbing that left one man injured, one man dead, and a Baltimore man on trial for second-degree murder and attempted second-degree murder. The accused asserted that he acted in self-defense.

Defects in Notices to Appear and What They Can Mean to the Government’s Deportation Case Against You

October 17, 2023 | by Anthony A. Fatemi, LLC

Back in July, the 4th Circuit Court of Appeals issued a ruling overturning a removal order in the case of a Salvadoran woman and her minor son. The ruling in favor of the asylum applicant represents just the latest in a series of appellate and Supreme Court rulings related to defective immigration notices, and points out how even very technical defects in the notices to appear the government issues may eventually help applicants avoid removal. Success in these matters often requires in-depth knowledge of the law and the procedural requirements, which is why you should definitely consult with an experienced Maryland deportation defense lawyer about your situation.

The applicant, A.A.L.-G., and her minor son entered to the United States from El Salvador without authorization. Immigration authorities detained them in Texas. At that time, the mother told a federal asylum officer that gang members in El Salvador had threated to rape her and kill her son as a result of her refusal to cooperate with the gang. The officer believed that the mother was credible and referred her case.

A few weeks later, in late May 2019, the government served a “notice to appear” before an immigration judge. In the space where the date and time of hearing should have appeared, the form said simply “TBD,” which would seem to mean “to be determined.”

A Maryland Man Accused of Murder is Granted a New Trial… for the Second Time

September 29, 2023 | by Anthony A. Fatemi, LLC

When you’re accused of a crime, achieving a successful result may involve many procedural steps. These could include things like pretrial motions (such as a motion to suppress illegally obtained evidence,) in-trial objections (such as opposing the admission of inadmissible hearsay evidence,) post-trial motions, and appeals. To ensure that your rights are protected to the fullest, you need to be sure you have representation from a Maryland criminal defense lawyer with the skills and experience to handle these procedural elements effectively.

A murder case from Montgomery County is a good example. The defendant, H.A.Z., stood accused of killing his married lover’s husband. The state also charged the woman with the murder.

The prosecution chose to try the two together. The Maryland rules allow for this kind of trial if the two defendants are “alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting an offense or offenses.” Sometimes, though, a joint trial would result in unfair prejudice to one or both defendants, in which case the defendants should be tried separately.

The U.S. Department of Labor Rolls Out Important Changes to the PERM Certification Process for Foreign Workers

September 11, 2023 | by Anthony A. Fatemi, LLC

Many foreign workers who work legally in the United States do so with a non-permanent visa such as an H-1B. Some foreign workers, however, work in this country on a permanent basis, holding what’s called a PERM visa. The federal government makes roughly 140,000 of these visas available each year. The application process is complicated and time-consuming, and successfully acquiring one of these visas requires skill and attention to detail. To give your PERM visa request the best chance of success, don’t delay in reaching out to a knowledgeable Maryland PERM immigration lawyer.

On June 1, the Office of Foreign Labor Certification (OFLC) made an important change to the ETA Form 9089 (PERM certification) application and case management process. Now, all PERM applications go through the Foreign Labor Application Gateway (FLAG) portal. The department also clarified that all applications filed before June 1 will continue to proceed through the old portal, as the old portal will remain functional.

In connection with the transition of PERM applications to the FLAG, the OFLC also introduced a new ETA Form 9089. The new version is a “smart form,” which means that, if an applicant previously filed a prevailing wage determination through the FLAG portal, that applicant can link that determination to his/her PERM application.

The “prevailing wage determination” is a critical step along the path to obtaining a PERM certification. In this context, a “prevailing wage” is the average wage earned by “similarly employed workers” in your specific line of work. To complete this step, your employer has to fill out Form ETA-9141, called the “Application for Prevailing Wage Determination.”

How Failing to Select the Right Legal Counsel Can Have a Catastrophic Impact on Your Asylum Application… and You

August 24, 2023 | by Anthony A. Fatemi, LLC

If you need to seek asylum in the United States, you may understand that you need to complete the legal process of applying for asylum and that a skilled Maryland immigration attorney can help you achieve a successful result on that application. What you may not know, however, is that this step involves more than hiring any attorney. To best protect yourself and give yourself the maximum chance of a successful outcome, you need to best you’re selecting not just an attorney but rather the right attorney.

Attorney misconduct is harmful to any client victimized by it. However, some clients bear an especially high risk. For asylum applicants, competent representation is especially crucial, as (much like some criminal defendants) the difference between success and failure may literally be a matter of life and death.

The harrowing story of one Cameroonian man who narrowly avoided deportation is an example of exactly this.

How a Search of Your Social Media Accounts Can Become a Fourth Amendment Violation

August 11, 2023 | by Anthony A. Fatemi, LLC

Some things that are ubiquitous parts of our lives today probably would’ve seemed unimaginable 40, 30, or even 20 years ago. That includes developments like smartphones and social media. As technology evolves, so do the methods law enforcement officers use to pursue criminal suspects. Just as with anything else, though, a search of a social media account has the potential to represent a violation of the accused’s Fourth Amendment rights if it wasn’t backed by a valid search warrant. When it comes to getting illegally obtained evidence suppressed (whether that evidence was housed in something as old-fashioned as a bedroom closet or as modern as a TikTok account,) having representation from an experienced Maryland criminal defense lawyer often can enhance your chances of success.

Many times, this blog covers criminal issues arising from the Maryland courts. Today, we look at a federal criminal case for its insight into police searches of social media accounts.

According to federal prosecutors, T.R. was a member of the Cruddy Conniving Crutballs (a/k/a “Triple C,”) a Baltimore street gang. In the spring of 2021, federal prosecutors charged T.R. and 14 alleged Triple C members with various racketeering, conspiracy, drug, and gun crimes.

What the ‘Statement Against Interest’ Hearsay Exception Does — and Doesn’t — Allow in a Maryland Criminal Trial

July 27, 2023 | by Anthony A. Fatemi, LLC

The rules of evidence say that a party may not use hearsay to prove their case (or disprove the other side’s case,) unless that hearsay evidence falls within one or more of several exceptions laid out in the rules. Parsing these exceptions — and keeping potentially harmful
evidence that falls outside these exceptions out of your trial — is a place where having an experienced Maryland criminal defense lawyer can be vital. Because any criminal trial can come down to what the jury hears — and what they don’t — winning these battles is crucial.

One of those exceptions is something called a “statement against interest.” Maryland Rule 5-804(b)(3) says that hearsay may be admissible if it “so tended to subject the declarant to civil or criminal liability, . . . that a reasonable person in the declarant’s position would not have made the statement unless the person believed it to be true.”

That exception was at the center of a recent drug case from Salisbury. In that case, the Wicomico County Sheriff’s Office raided a home in the early morning hours and recovered 69 bags of suspected crack cocaine, 98 suspected bags of heroin, 17 rounds of .40-caliber ammunition, a digital scale, and six cell phones.

A Federal Appeals Court Grants Asylum to a Pakistani Businessman Who Aided the U.S.-Led Coalition During the Afghan War

July 10, 2023 | by Anthony A. Fatemi, LLC

The United States military action in Afghanistan began in the weeks following the September 11th attacks and spanned for nearly two decades. During that time, many citizens of that country (and surrounding states like Pakistan) aided coalition forces’ efforts. When U.S. forces left and the Taliban regained control of Afghanistan in 2021, the changes placed those allies in grave danger. As a result, many of them may now qualify for asylum in the U.S. However, like with any asylum application, the process can be complicated and difficult, making the services of an experienced Maryland asylum lawyer especially important.

One such ally (and eventual asylum applicant) was S.U., a Pakistani businessman who sold supplies to coalition forces. After the Taliban regained the reigns of power in 2021, they threatened to kill him if he did not pay them exorbitant sums of money. The businessman refused and, as a result, lost “his business, home, and nearly his life.” Fearing imminent death, he fled to the United States.

His asylum case is an example of how challenging the process can be. Despite his evidence of past persecution from the Taliban, immigration authorities concluded that the man didn’t qualify for asylum. The evidence showed that the man lived in a rural part of northwestern Pakistan situated on the Afghan border, that his business sold vehicles and tires to coalition forces during the war and, as a result, the Taliban threatened to kill him unless he paid the equivalent of nearly 1 million (USD).

The Maryland Supreme Court Just Put Some Important New Limits on Ballistics Expert Evidence in Criminal Trials

June 23, 2023 | by Anthony A. Fatemi, LLC

Earlier this week, Maryland’s highest court issued a new opinion that made national headlines. The decision imposes necessary new standards on how prosecutors in this state can (and cannot) use ballistics experts. This ruling potentially represents a major aid for people in Maryland who stand accused of crimes involving guns. Whether or not your case involves firearms, a skilled Maryland criminal defense lawyer with fully up-to-date knowledge can be crucial to getting the best possible outcome.

The origin of the case was a murder in Riverdale. Police found the victim dead, having suffered five gunshot wounds, including one to the back of the head. A few days earlier, the police had responded to a disturbance at the same property. The police testified that the accused appeared to be “agitated” and “very aggressive,” and that the other man seemed “terrified.”

After the shooting, the police seized both of the guns belonging to the victim’s roommate — a Glock and a .38 Special. At the roommate’s murder trial, an examiner with the police department’s Firearms Examination Unit testified that, based on markings found on the bullets recovered from the crime scene, the bullets came from the exact .38 that the accused owned.