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Controlled Chaos
Courtrooms are made to reflect the power of the law and of the state – the stern guy in a long dark robe sitting behind a high desk, the flags floating behind him, the secretaries flanking him, the big police officers lurking everywhere.
 
Courtrooms are often controlled chaos – the lawyers flitting around talking to clients, the clerks milling in and out of side doors, the public flowing in from the back to fill the gallery, the underlying feel of tension.
 
Into this extraordinarily busy and confusing milieu, throw a youngster, and have him or her looking up – alone – at a judge, while being told that he or she must return to a place where crime and poverty and death prevail.
 
Sorry, Kiddo!
On January 29, 2018, in a case concerning a young fellow named CJ (alias), the U.S. Ninth Circuit Courts ruled that children who enter the country illegally with their parents have no right to a government-appointed lawyer in immigration court.
 
The ruling held that neither the Due Process Clause of the Constitution nor the Immigration & Nationality Act creates a categorical right to court-appointed counsel. The court relied on a federal case that held that since immigration court proceedings are considered civil cases rather than criminal, there is no constitutional right to an attorney.
 
The consequence of this ruling is that experienced and seasoned prosecutors are pitted against young and helpless children in court. The children don't stand a chance. These hearings are incredibly complex and some judges even have difficulty explaining the proceedings to adults, let alone to children. Nationwide, there are thousands of children in immigration courts. The end result may very well be the mass deportation of bewildered youngsters.
 
CJ's Story – Join or Die
CJ filed for asylum when he was 13, claiming that he feared persecution because a gang from Honduras was trying to recruit him. When he resisted the gang, his life was threatened. The boy came to the U.S. with his mother and ultimately appeared in immigration court without an attorney.  Denied a stay of deportation, the gangsters are probably at CJ now – to join or die.
 
Imagine living in a town that is controlled by a bunch of drug-dealing murderers. The drug and gang wars in Guatemala, Honduras, and El  Salvador are forcing kids and their families to flee their homes to survive. As they arrive in large numbers, many of them will land in immigration courts around the country – without any adequate representation.
 
“Send these, the homeless, tempest-tost to me ...”
According to Stanford University Immigration Clinic, the present government believes that recent arrivals of children and their families are not entitled to any immigration relief. Yet, with a little bit of legal help, studies have shown that many recent arrivals would legally qualify for refugee status, or some type of special status, especially for certain vulnerable juveniles.
 
Also, Stanford indicates that many low-cost or non-profit immigration organizations are operating at capacity and unable to take many new cases in the wake of the ruling. Many people who are in removal or deportation proceedings are pretty much destitute and cannot afford an attorney. Courts often have to ask pro bono attorneys to represent them. The phones at my office are already jammed with people requesting low or free legal services.
 
This ruling may mean that thousands of children will have to represent themselves in immigration courts. Despite the recent ruling, it seems the Department of Justice has been deporting kids without benefit of attorney since 2014, according to Immigration Rights Advocates. The rule of law is essential, but there must be some compassion behind the law.
 
Help on the Way?
Despite the recent ruling facing young immigrants today, there is a current bill in Congress called "Fair-Day-in-Court-for-Kids-Act" according to Human Rights Watch. The act that would mandate court-appointed counsel for children, no matter the charge, civil or criminal.
 
With only kids to represent themselves in Immigration Courts, there will be mass deportations, sending these children back to the violence and the drugs and the gangs they are running from. This is tantamount to the U.S. delivering sentences of gang-slavery or gang-death on a massive scale. The undefended youngsters seem to be the criminals here.

 
About the author: Johnson Lazaro and Lazaro Law Group has been practicing law for over 22 years. 

​Divorce, child custody and support, spouse support or alimony, community property division, prenuptial agreements are all under the umbrella of Family Law.  This is an area of the law that presents the whole spectrum of human emotions.   Under family law we see denial, anger, bargaining, depression, frustration and acceptance.   However due to the volatility of human relationship,  family law becomes  an integral part of our justice system.  What follows are some answers to common family law questions.

How long to get a divorce in California?

               Generally speaking a divorce is usually concluded within six months in California.  However a marriage will not automatically dissolve within six months.  There are procedures to be completed, forms to be filed and fees to be paid.
The lawyer for my ex keeps asking for my records and documents, should I provide them?   
A party to a divorce has the duty to fully and accurately disclose all assets and liabilities in which one or both parties have or may have an interest. This responsibility includes the duty to disclose all community assets. The failure to disclose, or provide inadequate disclosure, can be grounds for the court to set aside the entire judgment.  This means even after your divorce is completed, it can be reversed.
What’s the best way to gain custody of my child? 
The Court will look into what is in the best interest of the child.  You must honestly look at the situation that your child is in and decide whether you would be able to provide a more safe and nurturing environment.  If you believe that the other parent would not do a good job caring for the child then get ready to articulate your reasons if you go to court without an attorney.
I have not seen my child in years.  Can I still get custody? 
The family law judge would not instantly award you custody of the child.  You may first get some visitation time and gradually work your way to more custody.  You’ll need to prove that you can be a responsible parent and comply with court orders.  The next step will be to file a modification of custody.
How can I get spouse support?
​Obtaining spouse support can be complicated.  Try to consult with an attorney.  Generally, some experts argue that temporary spouse support is to enable one spouse to live in her accustomed manner or lifestyle during a divorce proceeding.  If one has a high standard of living during marriage and all of sudden, the divorce has left you without a roof on your head; you have good argument for support.

1. Full legal name and full contact information of U.S. company. 
2. Federal tax identification number of U.S. company. 
3. Full legal name and contact information of foreign parent, if any. 
4. Information about the nature of the U.S. company’s business in the form of an  annual report, brochures, etc. 
5. Five year business plan of U.S. company including financial projections and  budgeting. 
6. Stock certificates, stock ledgers, or other similar evidence of ownership by the  foreign parent. 
7. If no foreign parent, name and nationalities of foreign owners of U.S. company  along with similar evidence of ownership (stock certificates, stock ledgers, etc.). 
 8. Evidence of investment in the U.S. company in the form of wire transfer receipts,  bank statements, etc. 
9. Evidence that the U.S. company is actively investing and total investment amount  in the form of payments including all payments to vendors for office supplies,  equipment, utilities, rent, insurance, travel, attorneys, accountants, etc. 
10. Copy of current lease for office space sufficient to conduct business in the U.S. 
11. Incorporation documents of U.S. company.  
12. If applicable, government issued licenses for conducting specific type of business  (e.g. retail sales, liquor license, etc.). 
13. Total number of U.S. employees and number of U.S. employees in valid  nonimmigrant work status. 
In order to qualify you as an E-2 employee of the company, please provide the following. 
 1. Copy of current passport. 
 2. Copies of diplomas/transcripts for college or university education. 
 3. Detailed resume listing all prior positions with duties and dates of employment. 
 4. Job title and description of proposed duties for U.S. company. 
 5. If applicable, explanation of the knowledge and expertise you have that is needed  by the U.S. company to ensure its success. 
 6. Proposed annual salary. 
 
 
 

Take it or leave it. That's how the Trump administration framed its offer to save the "dreamers" in exchange for upending our country’s immigration system. The proposal would potentially allow as many as 1.8 million undocumented immigrants brought here as children to get a pathway to citizenship. 
Unfortunately, this deal comes with extreme conditions that render it a dud. While the crisis facing the dreamers is real, it is not worth pitting immigrants against one another, or helping current migrants at the expense of future ones. The White House plan reflects a radical vision for the country that is as unrealistic as it is out of touch with American ideals. 

Since President Trump ended the Deferred Action for Childhood Arrivals program in September, the futures of roughly 800,000 DACA beneficiaries have been in limbo. Trump has sent mixed signals on their fate, and the Democrats went so far as to briefly shut down the government over the issue.

​The new White House proposal is troubling on multiple levels. The overall problem is that it attempts to shift what should be a narrowly-focused debate over saving the dreamers into a broader one encompassing legal immigration. Yes, legal immigration.

But it makes no sense for lawmakers to wade into a distracting debate over legal immigration. Our economy is currently humming along, with the Dow Jones Industrial Average recently hitting 26,000 and unemployment at a 17-year low. The unemployment rates for Latinos and African Americans are at historic lows, too. Given that there is vast agreement among economists that immigrants are good for the economy, it is hard to see what problem is being solved by restricting legal channels of migration.

​Source: USA TODAY

Foreign national parents, children and siblings of American citizens and legal residents have become the latest target as President Donald Trump and Congress tangle over immigration.

While much of the focus of the immigration debate has been on 800,000 to close to 2 million undocumented immigrants, Trump has pushed family-based immigration into the debate.

Late Thursday, he offered up a path to citizenship for the population of undocumented immigrants known as Dreamers in exchange for a list of border security and immigration enforcement resources, a border wall and significant cuts in the visas reserved for parents, children and siblings of U.S. citizens and legal permanent residents.

According to the Migration Policy Institute, about 1 million green cards are given to immigrants each year, with about two-thirds of those green cards for family-based immigration. The law allows U.S. citizens to sponsor for green cards spouses, minor children and parents and there is no numerical cap on how many of those visas can be granted.

​U.S. citizens can also sponsor adult children and siblings, and legal permanent residents can sponsor spouses, minor children and adult married children. Those visas do have numerical caps.

 by Suzanne Gamboa /NBC NEWS

The battle for child custody is ugly.   Parents fight for the right to gain custody of the child.  Some of the most pathetic and sad stories of the American family are sometimes displayed in full public view in American courtrooms.  The child always caught in the middle –helpless.

The legal standard that judges use when parents fight over their children is the “best interest” standard.  The Court determines custody based on what is in the “best interest” of the child.  However, in reality, we see often that parents appear to forget about the child’s interest.  In Court, it often becomes a mudslinging contest between the mother and the father.  Sad but true.  See for yourself.  Go into a family court room - any family court room- and listen to the parents.  Listen to how they plead their case.  Listen to how they complain about the need to be with their children.  Listen to their gripe about having to drive and pay for gas to pick up their kids.  They whine about not getting this or not getting that.  All of the sudden, it’s about the hardship of the parent.  The child no longer matters. 

 

People come to America for many reasons.  We come in search of a better life and future.  We come for our children – to provide them with more opportunities.  But sometimes people try to enter the U.S. at all cost – even if this means committing fraud.
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Sad Story
Roselva Chaidez, a legal U.S. Resident – not a citizen – lives in the U.S. along with her three children and two grandchildren, all of whom are bona fide American citizens. She was born in Mexico and had been a lawful permanent resident since 1977. However, in 2003, under a lawyer's advice regarding a plea agreement, she plead guilty in an accident insurance scam. She had illegally received $1,200 by falsely claiming to be a victim in a car accident. She received four years probation as a result of her plea agreement.

End of Story
A person makes a poor choice, ends up in trouble with the law, and does her time. That's a rather typical end for a rather typical American story – law broken, justice served, society placated. But the story doesn't end there. Roselva applied for citizenship in 2007, thinking that her debt to society had indeed been paid. “Not so!” said immigration authorities. They denied her application for citizenship and sought to deport her because of her single conviction. Her crime is regarded as an aggravated felony and grounds for deportation of even legal U.S. residents.

Continuing Story
As matters have come to light, during her criminal trial Roselva's attorney never disclosed to her the possibility that her plea agreement of guilty could lead to her deportation. Roselva did not discover the issue until she applied for citizenship. She figured she'd done the time to pay for the crime. As a last ditch effort to stay in America with her family, Roselva is applying for relief by virtue of the Sixth Amendment of the U.S. Constitution which guarantees any defendant in U.S. Courts the right to competent legal representation in courts of law.

Telling the Story to the Judges
Though the court has always been strong about incompetent counsel, it has not been really clear about how that should affect immigrants. In 2010, the Supreme Court held that a lawyer has a constitutional duty to advise a client – who is not an American citizen – that pleading guilty to a criminal offense could lead to being deported. So, if a lawyer fails to do that, the client does indeed have a claim regarding ineffective counsel under the Sixth Amendment, even as an immigrant, and thus has a qualified plea in immigration proceedings.

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