Maryland Criminal & Immigration Lawyer Blog

What the Columbia U. Protester’s Deportation Case Can Tell You About Deporting Green Card Holders

March 14, 2025 | by Anthony A. Fatemi, LLC

Mid-March and the onset of springtime are often associated with one color more than most: green. That color represents the budding of new foliage and St. Patrick’s Day. For many immigrants, the color “green” has a different and more critical association — a green card. Recent events, however, have raised an important question: can I be deported if I have already gotten my green card? The short answer is yes, under certain circumstances. Whether you are a visa holder, a green card holder, or undocumented, a deportation action is something you must treat with the highest degree of care. That includes promptly retaining an experienced Maryland deportation defense lawyer.

In recent days, the federal government has begun steps to deport Mahmoud Khalil, a Columbia University student and a green card holder. Currently, the government is detaining the man in Louisiana.

Green card holders can be subject to deportation. Many times, the triggering event is a crime. For the government to deport a green card holder for a criminal violation, the crime must have been serious. The sorts of crimes that can lead to deportation include major drug crimes, fraud, or “aggravated felonies.” (This phrase refers to crimes such as child pornography, rape, murder, child sexual abuse, and human trafficking.)

The Visa Waiver Program, B-2 Travel Visas, and the 2026 World Cup

February 21, 2025 | by Anthony A. Fatemi, LLC

The majority of the non-English-speaking world calls it football, while most of the English-speaking world calls it soccer. Whatever you call it, it is the most popular team sport on the planet. The sport’s crown jewel event — the World Cup — is coming to the USA (as well as Canada and Mexico) next year. The volume of international travelers visiting the USA next year will be massive. For many, attending the World Cup will require navigating the often intricate and complicated world of travel visas. Whether you need a travel visa or another type of visa, ensuring you complete your application correctly the first time is crucial, which is why having representation from a Maryland travel visa lawyer is a must.

According to the FIFA (soccer’s governing body) website, nine of the top 16 national teams in the world call Europe home. South America is the second most represented continent, with four squads. Asia has one (Japan), and Africa has one (Morocco.) If you live in Japan or any of those nine European countries and want to attend World Cup matches in person, traveling to the USA is a comparatively simple process. Japan, Spain, Germany, the United Kingdom, France, Portugal, Italy, the Netherlands, Belgium, and Croatia are among the 37 nations that participate in the Visa Waiver Program (VWP).

Citizens of these countries may spend up to 90 days in the USA without obtaining a visa. To travel without a visa, you must have approval from the Electronic System for Travel Authorization (ESTA) before you embark on your journey. ESTA is an automated online tool that assesses your eligibility to travel to the USA.

What is (and is Not) Proper Justification for a Maryland Traffic Stop Based on a Driver’s Use of Cell Phone While Driving

February 14, 2025 | by Anthony A. Fatemi, LLC

Driving in Maryland carries many potential risks. You could become involved in a crash, your vehicle could break down, … or the police could pull you over for a traffic violation and use that stop to find evidence of more significant crimes. In that last scenario, police sometimes overstep their bounds and engage in unconstitutional searches. When that happens, the difference between a conviction and an acquittal (or — even better — a dismissal) may be successfully getting the evidence from that search suppressed. Doing so usually means making a well-timed and well-worded pretrial motion. When it comes to this and other motions, representation provided by an experienced Maryland criminal defense lawyer is often an integral ingredient in a successful defense.

One problem in traffic stop situations is that people do not know their rights and may consent to things that the law gives them the right to refuse. A drug case from Hagerstown is a good example of this, as well as a scenario where the police overstepped.

M.S. was driving when a police officer spotted what, to the officer, looked like M.S. using the cell phone mounted to the front dash. Specifically, the officer testified that it looked like the driver was touching the phone with his right hand as he drove.

Conducting Voir Dire in a Maryland Handgun Murder Case

January 17, 2025 | by Anthony A. Fatemi, LLC

A successful defense against criminal charges is a journey of many steps. All steps are critical to reaching the desired destination, even if some occur before either side makes an opening statement at trial. Presenting the most robust and effective defense possible means ensuring that all of these steps are attended to with utmost care and in-depth knowledge of the law and the rules of procedure. If you are facing charges, make sure you are equipped to put that kind of defense by retaining an experienced Maryland criminal defense lawyer.

One vital pretrial step is proper discovery. Another is conducting voir dire and selecting a jury.

The murder trial of Z. A.-M., a man accused of fatally shooting a high school assistant principal from Baltimore, was one of those cases where voir dire was crucially important.

How Supporting Documentation Errors Can Derail a Green Card Application

January 3, 2025 | by Anthony A. Fatemi, LLC

Any area of the law is one where having a detail-oriented advocate can help, but that skill set is essential in immigration law. Successfully obtaining citizenship, a green card, or another status often requires correctly filling out multiple forms and supplementing them with numerous supporting documents. Filling out any of this paperwork incorrectly or failing to include an essential supporting document can torpedo your entire application. That is why, whatever status (or change in status) you seek, you need a knowledgeable Maryland immigration lawyer on your side.

A green card application case from last October is yet another case in point. S.G., a citizen of India, entered the U.S. in March 2023 on a visitor visa. Later in March, S.G.’s son, a U.S. citizen living in Chicago, filed a Form I-130 to classify his mother as his “immediate relative,” thereby qualifying her to receive a green card. The mother, in turn, filed a Form I-485, which is the application to register permanent residence or adjust status. In this case, the mother sought to adjust her status from visitor to permanent resident.

Under the eligibility rules for green cards, an immediate relative of U.S. citizens qualifies if they are the citizen’s:

USCIS Creates a New Regulation Designed to ‘Modernize’ H-1B Visa Requirements

December 30, 2024 | by Anthony A. Fatemi, LLC

H-1B visas help workers in various professions, from engineers and scientists to IT professionals, doctors, architects, teachers, and investment bankers. The application process for obtaining an H-1B visa can be complicated, so whether you are a potential sponsor or H-1B visa recipient, obtaining representation from an experienced Maryland immigration lawyer is often essential to mastering the system.

An essential part of this mastery is keeping up with the latest changes and evolutions in the law and the applicable regulations. Earlier this month, the U.S. Customs and Immigration Services released a significant new regulation, the “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” Final Rule.

The new rule makes several noteworthy adjustments related to H-1B visas. It amends the definition of “specialty occupation.” The current regulation says a “baccalaureate or higher degree or its equivalent is normally the minimum requirement” to serve as a qualifying specialty occupation. The new amendment clarifies that “normally” in this sense does not mean “always.”

Improper Argumentation and ‘Egregious’ Prosecutorial Errors in Maryland Criminal Trials

December 17, 2024 | by Anthony A. Fatemi, LLC

Sometimes, prosecutors make statements that fall outside the bounds of what the law and the rules of court procedure allow. Many of these errors are modest, but others are severe transgressions. The latter requires more than just a sustained objection to a prosecutorial question if the defendant is to receive a fair trial. Spotting these mistakes and making the appropriate requests of the judge are crucial parts of ensuring a full and appropriate defense and are essential ways in which an experienced Maryland criminal defense lawyer can help a person accused of a crime.

A recent sex crime case from Prince George’s County illustrates one form of egregious misstep that prosecutors can make.

The trial involved D.J., a man accused of having sex with a 15-year-old girl. The accused acknowledged a relationship but stated that the sexual affair did not begin until the alleged victim was 18.

A New Supreme Court Ruling Will Address Deadlines Associated With Appealing Deportation/Removal Decisions

November 22, 2024 | by Anthony A. Fatemi, LLC

The Supreme Court of the United States recently agreed to hear the deportation case of a Jamaican man relief under the Convention Against Torture (CAT). This upcoming decision could clarify whether specific appeal deadlines are mandatory or waivable and what does (and does not) constitute a “final order” for purposes of appealing an immigration decision. This case and the rulings that have led to it comprise a clear reminder that mounting a deportation defense is intricate and complex and is filled with numerous deadlines and procedural rules. To give yourself (or your loved one) the best chance at succeeding in a deportation case, ensure you have legal representation from an experienced Maryland deportation defense lawyer.

The man facing possible deportation, P.R., came to the United States on a tourist visa. In 2006, he was convicted and jailed on drug distribution and weapons charges. When he was released from incarceration in 2021, immigration authorities took him into custody and ticketed him for deportation based upon his “aggravated felony” conviction.

It is essential to recognize that an “aggravated felony” under federal immigration law is not identical to that phrase’s definition under criminal law. The list of aggravated felonies under immigration law is codified at 8 USC Section 1101(a)(43) and includes, among other things, drug trafficking.

The Importance of Clear, Accurate, and Unambiguous Jury Instructions in Your Maryland Assault Case

November 15, 2024 | by Anthony A. Fatemi, LLC

A criminal trial includes many elements. An error by the court in any one of these can make the difference between a fair trial and injustice, between conviction and acquittal. Ensuring you get justice means safeguarding your rights at each of these steps. The best way to ensure that your rights are protected throughout your criminal trial is to retain the services of an experienced Maryland criminal defense lawyer.

A felony assault case from Montgomery County shows how even a seemingly subtle error can make all the difference.

The accused, W.L., was on trial following an altercation with another man outside the other man’s Takoma Park home. The other man received multiple knife wounds following a shouting match between the men. The state charged the suspect with first-degree assault.

ACLU Sounds an Alarm About Deportations and an 18th Century Federal Law’s Impact on Them

October 31, 2024 | by Anthony A. Fatemi, LLC

One of the greatest fears non-residents in this country have is deportation. According to a new American Civil Liberties Union publication, a possible future Trump presidency could raise the number of deportations dramatically. According to the ACLU, one of the weapons a potential future Trump Administration might try to use is a federal law enacted in 1798. Regardless of the presidential election’s outcome, you need to be sure you have the right Maryland deportation defense lawyer by your side if you are facing a deportation action.

In 1798, the U.S. Congress passed the Alien Enemies Act (AEA). That law says that the president has the authority to detain and deport anyone who is a native or a citizen of an enemy nation. At the word “enemy” implies, the act limits the president’s detention and deportation authority to times of when the U.S. faces specific threats.

Those threats include a declared war or invasion or “predatory incursion.” (“Predatory incursion” essentially means a raid or a surprise attack.) The U.S. has used the law before — against the British during the War of 1812 and against Germans in World War I, for example.