Maryland Criminal & Immigration Lawyer Blog

The Immigration Waiver Process and the Proper Timing of a Waiver Application

June 9, 2023 | by Anthony A. Fatemi, LLC

One of the greatest risks undocumented immigrants face is potential deportation or being barred from re-entry. For some of those people, help may be available in the form of an I-601a waiver, a/k/a a provisional waiver. To be eligible, you must be a relative of a U.S. citizen or a lawful permanent resident. Of course, there’s much more to it than that, and going about seeking a provisional waiver the wrong way can have extreme consequences, which is why, when you’re ready to apply for an I-601a waiver, it is vitally important to obtain the services of a skillful Maryland inadmissibility waiver lawyer.

A waiver case from just a few hours to our north is a very clear example of just how harsh the price of making a wrong procedural step can be.

As reported by The Philadelphia Inquirer, the immigrant was a Mexican national whose parents brought her to this country when she was four years old. 26 years later, the woman, by then married to a Pennsylvania man and the mother of five American children, traveled to Mexico. Her plan was to enter Mexico, apply for a visa, then re-enter the U.S. legally.

Asylum Applications by Immigrants Facing Persecution at Home Because They’re Perceived to Be Gay or Lesbian

May 26, 2023 | by Anthony A. Fatemi, LLC

LGBTQ+ people face many serious challenges. LGBTQ+ people in countries outside the U.S. often face especially dire risks, as being “outed” (or even just failing to conform to traditional gender norms) may place a person at risk of beatings, whippings, or even violent death. For those folks — both those who are LGBTQ+ or even those who are perceived to be — asylum may be a viable option. Achieving a favorable result in your asylum application is often an intricate and complicated process and one where it’s well worth your while to have an experienced Maryland asylum lawyer on your side.

In discrimination law, there exists something called “perceptive discrimination.” This refers to discrimination against workers (or job candidates) because they are perceived to be a member of a protected class. Discrimination because someone is an actual member of a protected group is illegal, but discrimination imposed because the employer believed the worker/applicant was a member of a protected class is just as illegal, even if the target, in fact, wasn’t a member of that group.

One place where perceptive discrimination comes up with some frequency is sexual orientation discrimination. The law recognizes that workers may not be punished because they’re gay — or because a decision-maker thought they were gay. Both situations are wrong, regardless of the target’s actual orientation.

The Appeals Court of Maryland Criticizes Both Prosecutors and Defense Counsel in an Assault Case Involving a Woman Having a ‘Mental Health Crisis’

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

Often, this blog focuses on some sort of success for an accused person, like getting crucial evidence suppressed because the search that yielded it was unconstitutional. Sometimes, though, matters that end with unsuccessful – and even unjust – outcomes deliver the most important lessons, like one recent assault case from Cecil County that highlights how important it is not just to have a defense attorney, but rather the right Maryland criminal defense lawyer.

The accused, A.R., was an Elkton-area woman with serious PTSD. After experiencing a startling event that triggered her PTSD, she armed herself with a gun and a knife and entered a nearby roadway on foot.

Law enforcement responded to the scene, swiftly deescalated the situation, and subsequently arrested the woman. At the station, the woman continued behaving erratically, including removing all her clothes, so the officers decided to transport her to a hospital. The woman, who was in the midst of a “mental health crisis” at all relevant times, fought with the officers both in the roadway and during her transfer to the hospital. She also kicked a sheriff’s vehicle.

How to (and How Not to) Seek to Speed Up Adjudication of Your Hardship Waiver Application

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

When you’re seeking to engage with the immigration process, one thing you likely desire is to obtain a resolution as quickly as possible. Part of doing that means utilizing processes that can deliver results and avoiding traveling avenues that are inherently dead-ends. An experienced Maryland hardship waiver lawyer can help you not only to navigate the process but to do so as expeditiously and efficiently as possible.

The story of H.L. is an example of “what not to do.” The woman filed Form I-601A (Application for Provisional Unlawful Presence Waiver) in December 2020 and, as of May 2022, still had not received an adjudication from the Department of Homeland Security.

Based on those facts, the woman, who proceeded without a lawyer, filed a federal lawsuit here in Maryland in which she asked the judge to order the government to “adjudicate her… application in a timely manner.” The case was essentially doomed from the start.

What Can You Do When the Police Accidentally Destroy Evidence that’s a Part of Your Maryland Criminal Case?

April 7, 2023 | by Anthony A. Fatemi, LLC

When the police destroy evidence that was relevant to your case, that’s potentially a huge problem, as you’ll never know if that proof could have strengthened your case. When that happens — whether the destruction was accidental or intentional — there are steps you can take. When it comes to this and other procedural matters, having an experienced Maryland criminal defense lawyer on your side can help you maximize the protection of your rights.

Missing evidence was key to one Montgomery County man’s recent criminal case and a reversal of his conviction.

21-year-old E.M. was on trial for the alleged sexual assault of a 15-year-old girl. In the case’s initial stages, a Montgomery County detective interviewed the girl and her parents. The police department recorded the interviews but later deleted them after the detective made a computer keystroke error that resulted in the failure to preserve the recordings in “indefinite storage.”

The Federal 4th Circuit Court of Appeals Revives a Ghanaian Man’s Application for Naturalization

March 30, 2023 | by Anthony A. Fatemi, LLC

Obtaining citizenship is an important goal for many immigrants. If you’re seeking to do that, be advised that there are many hoops you must jump through and hurdles you must clear. It can be challenging to understand all of the requirements the law imposes upon you. Retaining a knowledgeable Maryland immigration and citizenship lawyer can help you ensure that your application satisfies all the necessary legal and procedural demands.

As noted above, the citizenship process can be complicated and any of a number of things may potentially represent a stumbling block. For one citizenship applicant, the stumbling block he had to go all the way to the federal Court of Appeals to clear was a divorce case in which he wasn’t even a party.

B.B. was a Ghanaian woman who married K.K.G. in Ghana in 1996. The husband secured a diversity visa and the couple moved to Virginia in June 1999. In late 1999, the marriage broke down and the heads of each of their households performed a “ceremonial divorce” in “accordance with Ghanaian customary law” on Jan. 6, 2000. In 2001, a Ghanaian court entered a judgment affirming the validity of the couple’s divorce.

DNA Analysis Reports and What it Means to Your Defense When the Person Who Testifies Isn’t the One Who Created the Report

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

Television has popularized and glamorized the work of police crime lab workers. However, just like the actors on your favorite crime scene investigation shows, workers in real-life police crime labs come and go. This means that, sometimes, the person who creates a DNA analysis report may not be the one whom the state uses to testify in a criminal trial. When that happens, it creates the potential for a violation of the accused’s constitutional rights to occur… specifically, the accused’s right to confront witnesses. Whether your case calls for examining a report author or challenging a Confrontation Clause violation (or both), a skilled Maryland criminal defense lawyer can be crucial to protecting your rights fully, and putting on the most effective defense possible.

A homicide case from Prince George’s County illustrates what you can do when the process does not function correctly.

The victim was an 18-year-old whom police officers found shot dead inside a Greenbelt apartment. No witnesses saw the shooting. Nevertheless, the state brought first-degree murder charges against T.B. The prosecution asserted that, when the gun went off, the shooter suffered a nick and left his blood at the scene…and that the DNA sample from that blood matched T.B.’s DNA.

Bias and Other Mistakes Judges Make… and How They Can Play a Role in Your Deportation Defense

February 21, 2023 | by Anthony A. Fatemi, LLC

Anyone who has to go before a judge — whether you’re a criminal defendant, a party in a civil trial, or an immigrant appearing before a federal immigration judge — likely goes in with some degree of anxiety, but also with certain expectations, like the judge’s fairness. If you’re an immigrant appearing in a deportation case and the judge acts unfairly (or even in a way that raises the appearance of unfairness,) that lack of impartiality may be something you can use to your benefit if you get an unfavorable result in your deportation case. Immigrants who are the subject of removal actions have a lot on the line in these matters, making the services of a knowledgeable Maryland deportation defense lawyer essential.

One example of how this can play out is the removal case of Rodolfo, an immigrant from Nicaragua. He entered the U.S. in 2001 and obtained legal permanent resident status seven years later.

Over the years, the man racked up four criminal convictions, including three DUIs. The Department of Homeland Security initiated removal proceedings in 2019. The man asked the government to cancel his removal.

When a Legal Traffic Stops Being Legal: Unconstitutional Seizures Under Maryland Law

February 7, 2023 | by Anthony A. Fatemi, LLC

The phrase “mission creep,” which pertains to “the gradual broadening of the original objectives” beyond a task’s original scope, goals, or focus, originated in military circles but has been adopted by much of the business world. A type of mission creep can occur in a police traffic stop, as well. While mission creep in business may cost time or money, mission creep in a traffic stop may cost the suspect his/her constitutional rights. If you were arrested because the police stretched the boundaries of their interaction with you beyond what the law allows, then an experienced Maryland criminal defense lawyer may be an essential part of getting evidence seized in that stop suppressed.

These sorts of movaing-target traffic stops are regrettably common. A recent drug case from Carroll County shows how a person’s rights can be violated.

On Aug. 11, 2020, a Carroll County sheriff’s deputy was conducting a traffic patrol of Route 140 in Finksburg. Shortly after noon, the deputy observed a car with two men in the front seat both of whom “sat stiff as a board” while avoiding making eye contact with the deputy. Thinking this suspicious, the deputy began following the vehicle to “look for a motor vehicle violation.” The deputy soon thereafter pulled them over for an unsafe lane change.

Restitution as a Condition of Probation and What Happens if the Court Sets Restitution After Your Probation Has Ended

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

Criminal law in Maryland allows the state to punish people convicted of crimes in several ways, including incarceration, fines, and restitution. Just like all other aspects of criminal law and punishment, there are rules about when and how the state can order restitution. If those rules aren’t followed, the restitution order isn’t valid. Whether you’re dealing with a jail sentence, a fine, or a restitution order, a knowledgeable Maryland criminal defense lawyer can help you take the proper action if the state has failed to follow the rules in your case.

C.P. was a man who pleaded guilty to two counts of assault in 2008 as part of a plea agreement. The court sentenced him to a period of active incarceration plus five years probation. Additionally, the court noted that, as a condition of probation, the state would propose an order for restitution.

The state released C.P. in June 2015, which also represented the start of his five-year period of probation. Those five years came and went and the man’s probation ended on June 19, 2020. In early February 2021 — seven and one-half months later — the state submitted a proposed order of restitution. The following October, the trial court entered an order demanding that C.P. pay $6,116 in restitution.