Maryland Criminal & Immigration Lawyer Blog

Immigration Detentions and the Petition for Writ of Habeas Corpus

September 30, 2025 | by Anthony A. Fatemi, LLC

Current circumstances are supremely challenging for immigrants who are in this country without documentation. The government’s detention and removal efforts have impacted many. One crucial fact to keep in mind is that, even if you are an undocumented immigrant, you still have rights under the Constitution, including Due Process Rights. One of the most effective ways to protect your rights is to ensure that, at every step in your process, you have a skilled Maryland immigration lawyer on your side.

That is true because it often takes in-depth knowledge and experience in navigating the system to achieve a just result, as a recent detention case from neighboring Virginia illustrates.

Carlos was an immigrant from Peru who entered the U.S. on December 6, 2023. In June 2024, after settling in Northern Virginia, he filed an Application for Asylum and Withholding of Removal (Form I-589). At a July 2025 preliminary hearing, the immigration judge set Carlos’s asylum application trial for April 2026.

The Fifth Amendment, The Maryland Declaration of Rights, and a Defendant’s Decision Not to Testify at Trial

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

The Fifth Amendment to the U.S. Constitution protects accused people from being forced to give testimony that could tend to incriminate them. In Maryland, defendants have even greater protection under Article 22 of the Declaration of Rights. Under state law, any prosecutorial comment that implies to jurors that they should hold a defendant’s silence against them is improper. Having a skilled Maryland criminal defense lawyer on your side when a prosecutor crosses this line (or other lines) is often crucial to protecting your rights.

A 2021 attempted murder case here in Montgomery County serves as an example of this protection in action. In the early morning hours of April 18, 2021, a man wearing khaki pants shot F.G. outside a local restaurant and bar. The state put two men, J.D. and A.C., on trial for attempted murder in connection with the shooting.

At the men’s trial, several witnesses offered testimony, but some key figures did not testify. The victim, who survived his injuries, did not take the stand, and neither did J.D.

What About Weekends and Holidays? The U.S. Supreme Court Resolves a Dispute About an Important Deadline for Some People Facing Deportation

August 29, 2025 | by Anthony A. Fatemi, LLC

Anyone who files their federal income tax return on the last available day understands that being “on time” in that context means different things in different years, depending on what day of the week April 15th falls on. Some immigrants may face similar concerns when it comes to filing certain motions with the federal courts. What is the deadline day? What happens if my deadline day falls on a weekend or a federal holiday? When you find yourself in need of answers to questions like these (and more), you should talk to a knowledgeable Maryland immigration lawyer.

The U.S. Supreme Court recently addressed this question about deadlines within 8 USC Section 1229c, a federal statute that covers the process of “voluntary departure.” Section 1229c allows an immigrant “of good moral character” to leave the U.S. voluntarily — either instead of facing a deportation proceeding or before the government completes proceedings. Permission to depart voluntarily is valid for, at most, 60 days, according to the statute.

This deadline mattered a great deal in the deportation case of H.M.V. The immigrant argued unsuccessfully that he would face torture if he returned to his native Mexico. The judge who heard the immigrant’s case decided the man was eligible for voluntary removal and gave him 60 days to leave the country.

The Constitutional Right to a Speedy Trial and Maryland Law’s ‘Hicks Rule’

August 18, 2025 | by Anthony A. Fatemi, LLC

The Sixth Amendment to the U.S. Constitution guarantees many rights to criminal defendants, including a speedy and public trial. Maryland’s Declaration of Rights also guarantees a speedy trial, and state law has specific procedural safeguards in place to ensure an accused person receives a speedy trial. When the state fails to meet its obligations to try a case within the required timeframe, the accused person may be entitled to a dismissal of all charges. If you are facing charges or under suspicion and you have questions about your speedy trial rights, be sure to get reliable answers by speaking to an experienced Maryland criminal defense lawyer.

Generally speaking, Maryland criminal defendants are entitled to a trial that takes place within 180 days of the date an attorney makes an appearance on behalf of the accused or the date that the accused first appears in court. This 180-day requirement is known as the “Hicks rule,” based on the 1979 case of State v. Hicks.

On its surface, this might sound very black-and-white and cut-and-dried. In reality, it often is not, as a recent shoplifting case from Queen Anne’s County illustrates. The reality — that Hicks rule cases may be nuanced and complex — should serve as a reminder of the importance of knowledgeable legal counsel.

Recent Developments in Temporary Protected Status Litigation and Possible Alternatives to TPS

July 31, 2025 | by Anthony A. Fatemi, LLC

As a part of its overall set of immigration policies, the Trump Administration has sought the termination of temporary protected status (TPS) for immigrants from several countries. Earlier today, a federal court in California issued an order stopping that termination… for now. Immigrants from the affected countries should be aware that litigation is ongoing and orders that keep TPS in place are not final. Immigrants should consider alternative options, including obtaining status by another means. If you are currently someone under TPS, you should contact a knowledgeable Maryland immigration lawyer to discuss what steps you can take to protect yourself.

Currently, a group called the “National TPS Alliance” has undertaken two federal lawsuits in California. At the same time, the Haitian Evangelical Clergy Association has initiated one action in a New York federal court. These lawsuits against the Department of Homeland Security oppose Trump Administration initiatives to cut off TPS for immigrants from various countries that include Haiti, Venezuela, Honduras, Nicaragua, and Nepal (among others).

Earlier today, a federal district court in California ruled against the administration’s effort to cut off TPS for Nicaraguans, Hondurans, and Nepalese. The administration had slated TPS for immigrants from those countries to end on August 5 (Nepal) or September 8 (Honduras and Nicaragua). The judge’s order postpones termination until at least November 18, when the court will convene another hearing.

Battery Upon a Close Relative and the Law of Provocation in Maryland Homicide Cases

July 18, 2025 | by Anthony A. Fatemi, LLC

A 2022 front-yard fight in Baltimore left one man dead and another on trial for murder. The ensuing case and appeal have broken important new ground in Maryland law, clearly recognizing for the first time that a substantial battery on a close relative may constitute the sort of necessary provocation to turn a possible case of murder to one of voluntary manslaughter. When you are facing charges, these differences — such as between murder and voluntary manslaughter — are often massive, so understanding how to use defenses like hot-blooded response to provocation is crucial. Whatever potential defenses your case may present, an experienced Maryland criminal defense lawyer can help in putting forth the strongest possible case.

Based on that shooting in Baltimore, the state put Theodore on trial for first-degree murder. Neither side disputed that Theodore pulled a gun and shot William in the upper body, causing his fatal injuries.

The case focused not on the shooting itself but the events that led up to that fatal gunshot. Before the shooting took place, an argument began that eventually embroiled Theodore’s wife and William. At one point in the dispute, William punched the wife hard enough that it broke her glasses and knocked her momentarily unconscious. Later in the quarrel, William punched the woman in the face a second time, hitting her hard enough to knock her glasses off her face again. Enraged, Theodore shot William once in the chest, killing him.

Deportation Cases, the Convention Against Torture, and the Proper Timing of Appeal Requests According to a New Supreme Court Ruling

June 30, 2025 | by Anthony A. Fatemi, LLC

Immigration law, particularly that subset dealing with deportation, is a complex area that involves numerous procedural steps, filing requirements, supplemental documentation, and deadlines. Coming up short in any area may be fatal to your case and lead to your deportation, so the stakes are extraordinarily high. To ensure you receive the benefit of all the protections the law allows, you owe it to yourself to retain an experienced Maryland deportation defense lawyer to handle your case.

A recent U.S. Supreme Court case shows how complicated and confusing procedural issues related to deportation can be, especially when the immigrant alleges a fear of torture.

The individual at the center of the case, P.R., was a Jamaican man who entered the U.S. on a tourist visa in 1995 and remained in the country after the visa expired. The Department of Homeland Security took the man into custody in January 2021 and issued a final deportation order later that month.

The Sixth Amendment’s Guarantee of a ‘Public’ Trial — and How It May Help You in Your Maryland Case

June 16, 2025 | by Anthony A. Fatemi, LLC

Sometimes, the key to a successful acquittal (or, in some matters, a successful reversal of a conviction) may have nothing to do with the facts of your case or the law of the crime charged. Your assault case may come down to things wholly unrelated to who struck whom with what and have no connection to the law of assault in Maryland. Many times, these issues relate to whether the police, the state, or the court violated your constitutional rights. Protecting your constitutional rights is one of the essential things a defense attorney can do for you when you are suspected or accused of a crime. So, whether you are being questioned or being tried, make sure you have an experienced Maryland criminal defense lawyer working for you.

Often, these violations relate to the rights protected by the Fourth Amendment. As a Silver Spring robbery case shows, your Sixth Amendment rights may also be vital to a successful appeal.

The Silver Spring case involved two men who allegedly robbed D.B. at gunpoint. The state tried both robbers together. As the trial began in Montgomery County in 2014, the judge decided to close the courtroom during the jury selection process. The judge made this decision “due to space limitations,” although the lawyers for both accused men stated their opposition to the closure.

Some Questions and Answers About the EB-5 Visa Program and the New ‘Gold Card’ Proposal

May 30, 2025 | by Anthony A. Fatemi, LLC

Investor immigrants have, for many decades, had one primary pathway to permanent residency — the EB-5 visa. Recent statements from the Trump Administration indicate that this may change soon. The creation of new visas could mean new options and a need to adjust how one pursues permanent residency. If you are seeking to obtain a visa via the investment route, having a skilled Maryland investor visa lawyer advising you is vital… now more than ever.

On February 25, President Trump stated that the federal government planned to offer a new route to permanent resident status for investors. It is called the “Gold Card,” and it would offer lawful permanent resident status and the potential to achieve citizenship in exchange for a $5 million sum.

On May 21, Newsweek reported that the website for seeking Gold Cards would launch within “a matter of weeks.”

When the State May — and May Not — Use Your Conviction History Against You in a Maryland Criminal Trial

May 9, 2025 | by Anthony A. Fatemi, LLC

Many people facing a criminal trial have a history with the system. Often, prosecutors want to use that criminal history to bolster their case. The fact that you have a criminal past does not prove that you committed a specific crime, and, recognizing that, the law substantially limits when the state can use your past criminal violations in your current case. If you have a criminal history and are currently facing charges, an experienced Maryland criminal defense lawyer can provide essential aid in protecting your right to a fair trial.

Take, for example, the criminal trial of S.M. from Baltimore. After S.M. fled from Baltimore police detectives who questioned him about a nearby car, the detectives opened the vehicle and found a loaded handgun. The state brought criminal charges because the man was disqualified from possessing a firearm.

In the gun case, the prosecution wanted to present to the jury evidence that, in 2017, the state convicted the man of possessing a large amount of drugs in violation of Section 5-612 of the Criminal Code.