New Law

WARNING:  DO NOT TRAVEL OUTSIDE THE UNITED STATES IF YOU ARE FROM AN AFFECTED COUNTRY

President Trump issued an Executive Order on Friday, January 27, 2017, that says that people who are citizens of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen may not enter the U.S. for at least 90 days.  This includes people with Lawful Permanent Resident or “Green Card” status as well as any other visas.  Citizens …

Ilrc Post Election Info (Espanol Available)

The Immigrant legal resource center has released their post-election talking points in both English and Spanish. This is an important resource to learn how the new administration’s proposed changes in Immigration Law can affect your status.  If you  require qualified legal assistance, the Law Offices of Lawrence Margolis are always here to assist.

Detainers Violate Federal Law

Northern District of Illinois immigration detainers have violated federal law by detaining individuals without a warrant. Malpractice of the U.S. Immigration and Customs Enforcement (ICE) is to blame. The Federal Court has outlawed detainers from executing warrant-less arrests under ICE. This new ruling comes as a relief to many immigrant communities that are targeted. For more information, see article.

BIA finds Pennsylvania Conviction for Possession with Intent to Deliver a Controlled Substance is not an Aggravated Felony.

The Board of Immigration Appeals remanded the below case to the Immigration Court, finding that a conviction for Possession with Intent to Deliver a Controlled Substance in violation of Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony. Please see 301193841-Francisco-Rodriguez-Trinidad-A044-892-640-BIA-Feb-24-2016

United States of America v. Arnaldo Cabrera

The 6th Circuit Court of Appeals found that in this case the two reasons the District Court Judge gave for sentencing the Defendant to sixty-three months’ imprisonment – the top of his guidelines range – were impermissible and his sentence was therefore procedurally unreasonable as the Defendant was essentially punished for exercising his Sixth Amendment …

The Supreme Court just gave juvenile lifers a shot at parole

Check out the original story and slideshow at Mlive.com LANSING, MI – Nearly 350 prisoners in Michigan serving mandatory life sentences for murder or other violent acts committed as minors could now be eligible for parole under an opinion handed down Monday by the U.S. Supreme Court. In a 6-3 decision, the nation’s highest court said its 2012 ruling …

Michigan leaves Juvenile sentencing up to Juries

  ALAMAZOO, MI – Twice since 2011, Dallas McDade Jr. has been ordered by a judge to spend the rest of his life in prison for murdering a man when he was 17 years old. Now, it appears McDade will be sentenced for a third time, but whether he gets life behind bars could be decided …

Holmes Youthful Trainee Act Amended

Effective August 18, 2015, eligibility for sentencing under the Holmes Youthful Trainee Act (HYTA), §MCL 762.11 will be expanded. HYTA is a valuable sentencing tool which allows a youthful criminal defendant to plead guilty to a crime and still have the opportunity to maintain a clean criminal record. The new law extends the opportunity to …

Changes to Adult Expungement

“Michigan’s adult expungement law has been amended as of January 12, 2015 to potentially permit more people to have their criminal records expunged. Prior to the amendment, a person could only have a conviction expunged if he or she had no more than one conviction and an additional two “minor offenses.” Under the new law, …

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