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Hablando con Carolina: Three Court Decisions That Could Affect Your Immigration Case

In the latest episode of Hablando con Carolina, immigration attorney Carolina Antonini discusses three recent court decisions that may affect people in removal proceedings, undocumented immigrants who have been in the United States for less than two years, and lawful permanent residents traveling internationally.


If you have questions about how these developments could affect your immigration situation, contact Antonini & Cohen Immigration Law Group at (470) 428-3200 to schedule a consultation with one of our experienced Atlanta immigration attorneys.


At Antonini & Cohen, we know how. We fight harder.

 

 

00:26 – Carolina Antonini Celebrates 30 Years in Immigration Law

Carolina Antonini reflects on the experiences that led her to become an immigration attorney and the community that has supported her throughout her career. For the past 30 years, she has dedicated her career to helping families navigate complex immigration matters, educating immigrants about their rights, and training the next generation of immigration attorneys.

 

07:00 – Federal Court Decision Limits Administrative Closure 

Carolina explains the Texas federal court ruling holding that immigration judges and the Board of Immigration Appeals no longer have the authority to administratively close cases.


Administrative closure previously allowed immigration courts to temporarily pause removal proceedings while U.S. Citizenship and Immigration Services (USCIS) processes a related application. Without that option, some people may not have enough time to pursue available immigration benefits before their court case moves forward.


14:04 – Previously Closed Immigration Cases May Return to Court

Carolina explains that previously administratively closed cases may now be reopened, or "re-calendared," even if they have been inactive for many years. Once your case is placed back on the court calendar, you must attend all scheduled hearings and continue defending your case.


Carolina also discusses the importance of keeping your address and contact information current. If the court sends a hearing notice to an outdated address and you miss your hearing, the judge may issue a removal order in your absence.


If your immigration case was administratively closed:

  • Confirm that the immigration court has your current address.

  • Check whether a new hearing has been scheduled.

  • Keep your attorney updated with your current phone number and email address.

  • Speak with an Antonini & Cohen immigration attorney about your options

 

16:03 – Expedited Removal Is No Longer Limited to the Border

A recent federal appeals court decision no longer limits expedited removal to people stopped at or near the border. You may also be placed in expedited removal proceedings anywhere in the United States if the government determines that you have been in the country for less than two years.


If you have lived in the United States for more than two years, Carolina recommends carrying documents that help establish your physical presence, such as a lease agreement, utility bill, bank statement, or other dated records.


If you fear returning to your home country, clearly tell the immigration officer. Doing so may allow you to receive a screening before removal.

 

20:30 – Supreme Court Decision Affects Green Card Holders Returning From Travel

The Supreme Court ruled that immigration officers may no longer need evidence of a criminal conviction before treating certain lawful permanent residents as applicants for admission when they return to the United States. Carolina explains that an arrest, pending criminal charge, or other information in your record could result in additional questioning, temporary confiscation of your Green Card, deferred inspection, or even removal proceedings.


Read Returning to the US as a Lawful Permanent Resident to learn your rights when reentering the country.


24:25 – Speak With an Attorney Before Traveling

An arrest or conviction does not automatically mean you will lose your permanent residence. The immigration consequences depend on the specific offense, court records, sentence, travel history, and other circumstances.

 

If you are a lawful permanent resident and have ever been arrested, charged with a crime, or convicted, speak with an experienced Antonini & Cohen immigration attorney before leaving the United States. We will review your immigration and criminal history to help you understand the potential risks before you travel.


Preparation Can Protect Your Immigration Case

Immigration enforcement and court policies continue to change. Preparing now can help you understand your rights and make informed decisions before an emergency occurs.


Review your immigration history, keep your contact information updated, organize important documents, and stay up to date on the current policy changes to protect yourself and your family.


If you have questions about these recent court decisions or your immigration options, contact Antonini & Cohen Immigration Law Group at (470) 428-3200 to schedule a consultation with one of our experienced Atlanta immigration attorneys.


At Antonini & Cohen, we know how. We fight harder.

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For more episodes of Hablando con Carolina, click HERE.

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