Maryland Criminal & Immigration Lawyer Blog

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.

Anonymous Tips, Reasonable Suspicion, and Illegal Searches or Seizures in Maryland Criminal Cases

October 25, 2024 | by Anthony A. Fatemi, LLC

Many drug or weapons cases hinge upon whether or not the prosecution’s evidence was obtained constitutionally. Police officers, whether intentionally or inadvertently, may engage in searches and seizures that are illegal under the Fourth Amendment. Getting justice, then, means getting that evidence suppressed and getting a dismissal or acquittal. If you have questions about your case and the way the police obtained their evidence, you should consult an experienced Maryland criminal defense lawyer as soon as possible.

A recent drugs and guns case from Cecil County displays one example of how an illegal seizure can occur.

In February 2023, local police responded to an anonymous 911 tipster’s report of a driver “nodding in and out” or “passed out” in a Kia sedan at the truck stop off I-95 near North East, Maryland. As the police approached the Kia, the driver began backing out of his parking space, so the officers ordered him to stop. As they got closer, they allegedly detected a strong marijuana odor emanating from inside the car. The driver allegedly displayed “a frantic and defensive demeanor” and had “glassy” eyes.

Criminal Convictions, Paroled Entry into the U.S., and the Naturalization Process

September 24, 2024 | by Anthony A. Fatemi, LLC

Obtaining U.S. citizenship can be very exciting. It can also be a stressful process, especially if you have a recent criminal conviction on your record. Any application for naturalization can be a complex and detail-intensive process, but that complexity may rise even higher if you have a less-than-perfect criminal history. Even if your criminal background is not spotless, you still could qualify for citizenship. An experienced Maryland immigration lawyer can go over your options and help guide you through the naturalization application procedure.

A recent naturalization case from Virginia looked at an immigrant who got his green card, then committed a minor criminal violation, then applied for naturalization after that.

The immigrant, Raymond, entered the U.S. and secured a green card in 2010. In late 2013, Raymond traveled to his native Ghana for an extended visit with family. When the man attempted to re-enter the U.S. in January 2014, customs agents concluded he was ineligible. The problem? A misdemeanor embezzlement conviction Raymond picked up in 2012 after he was caught stealing some clothes from the department store where he worked. Although only a misdemeanor, the crime – embezzlement – undisputedly was one “involving moral turpitude,” making the man subject to deportation.

Suspicious Bulges, Reasonable Suspicion, and the Boundaries of a Permissible ‘Stop and Frisk’ Under Maryland Law

September 12, 2024 | by Anthony A. Fatemi, LLC

In 1968, the U.S. Supreme Court decided the case of Terry v. Ohio, which declared that police officers can stop and frisk targets without violating that person’s Fourth /amendment rights if the officer has reasonable suspicion for making the stop and conducting the frisk. Today, police officers frequently obtain incriminating evidence from these stop-and-frisk interactions… but they sometimes do so without the necessary probable cause. As a criminal suspect or a person accused of a crime, getting justice via dismissal or an acquittal can mean disproving the presence of reasonable suspicion and obtaining a court order excluding the illegally obtained evidence from your case. Doing so successfully can be nuanced and complicated, so it pays to have an experienced Maryland criminal defense lawyer representing you.

Law enforcement officers sometimes use relatively broad bases for conducting a “Terry stop” (a/k/a stopping and frisking a person.) These foundations include vague things like a “suspicious bulge,” “furtive movements,” an “uncooperative demeanor,” or presence in a “high crime area.”

Courts in Maryland have noticed that allegedly suspicious bulges often aren’t… and that the law often requires more than just an officer’s observation that a suspect had a bulge the officer considered questionable. A recent gun case originating in Prince George’s County underscores this.

USCIS Announces Updates Designed to Reduce Delays in Processing Family Visa Petitions

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

In most areas of the law, details matter… a lot. That is especially true when it comes to applying for a visa. Even seemingly minuscule errors on a visa form can lead to serious delays. This reality is one reason it pays to have a skilled Maryland family visa lawyer on your side before you file or, if you filed without counsel, to hire an attorney as soon as possible. A knowledgeable immigration attorney can help prevent avoidable and time-consuming errors in your application or, for clients who filed on their own, work to correct mistakes in the most efficient way possible.

In May, the U.S. Citizenship & Immigration Services announced important changes to its manual for processing family-based visa applications, including Form I-130 (Petition for Alien Relative).

In the Form I-130 petition process, the USCIS analyzes whether the petitioner has demonstrated “the requisite status to file a petition and establishes the existence of a qualifying relationship to the beneficiary.” Once the petitioner clears those hurdles, the agency sends them an approval notice. Among other things, the notice confirms the petitioner’s preference for either consular processing with the State Department’s National Visa Center (NVC) or “adjustment of status.”

A New Maryland Supreme Court Ruling Addresses the Circumstances Where the Defense’s Proposed Voir Dire Questions are Mandatory

August 16, 2024 | by Anthony A. Fatemi, LLC

Putting forward a criminal defense involves much more than simply making a trial presentation. Criminal cases may be functionally won or lost before either side makes its opening argument to the jury. Processes like the jury selection process are crucial, as removing jurors with biases may be vital to getting a fair trial. That is especially true in cases involving emotionally charged subject matter, like sex crimes, crimes against minors, and especially child sexual abuse. Whatever crimes you face, you need to do everything you can to ensure you get a fair chance and a level playing field. That starts with retaining an experienced Maryland criminal defense lawyer.

The jury selection process in Maryland criminal trials involves the judge asking potential jurors several questions. This process, voir dire, is intended to draw out potential jurors’ prejudices that might affect their ability to decide the case impartially. Counsel for the accused and the state can ask the court to exclude potential jurors based on the voir dire answers given. (The law also allows the two sides to exclude potential jurors for no reason, but prohibits using those “peremptory challenges” based on discriminatory motives.)

Voir dire — and when a proposed question is (or is not) mandatory — was at the center of a major new ruling from the Maryland Supreme Court released earlier this month. This decision further strengthens the tools the defense has available for unearthing juror biases.

The Asylum Application Process and Why Effective Legal Representation is Crucial

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

Asylum seekers can make many mistakes during the pursuit of asylum status. One of the biggest is pursuing their applications without legal representation. Even with factual evidence the applicant considers a “slam dunk,” the process is often daunting. It can yield an unfavorable outcome for even educated applicants with strong arguments and proof. Statistically, refugees with counsel are six times more likely to succeed than their self-represented counterparts. If you or a loved one is seeking asylum in the Baltimore Immigration Court, retaining a skilled Maryland asylum application lawyer is essential.

Last fall, the Associated Press reported on the case of an Afghan man who sought asylum here in the United States and whose legal odyssey represents a clear cautionary tale about proceeding without legal counsel.

The asylum seeker was a Shia Muslim and a member of an ethnic group with a long history of violent persecution. He allegedly had suffered significant injuries in a 2016 suicide bombing, survived multiple attempts on his life, and continued to receive death threats. In 2022, he entered the United States at the southern border in Texas and was detained there.

How ‘Imperfect’ Self-Defense Applies to Criminal Cases in Maryland

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

Most people are aware of the legal defense of “self-defense.” Most people do not know, however, that the law recognizes more than one type of self-defense. Depending on the facts of a case, the accused may be entitled to assert what the law calls “perfect” or “imperfect” self-defense. Each offers its own ways of helping an accused person. When facing a serious criminal matter, you should talk to an experienced Maryland criminal defense lawyer, who can provide insight into the affirmative defenses available under this state’s laws, including self-defense.

In Maryland, “perfect” self-defense requires an accused person to prove that he had an actual fear of “immediate or imminent… bodily harm,” and that this belief was objectively reasonable. “Imperfect” self-defense requires proving that the accused acted on an actual fear of immediate or imminent bodily harm, even if that belief was unreasonable. Perfect self-defense is a complete defense and, when proven, entitles an accused person to an acquittal. Imperfect self-defense negates the element of malice, allowing, for example, a person facing a murder charge to receive a conviction for the lesser crime of voluntary manslaughter.

Recently, the Appellate Court of Maryland weighed in regarding when an accused person is entitled to demand that his jury receive an instruction regarding imperfect self-defense.

How a New Federal Initiative Could Substantially Benefit ‘DREAMers’ Seeking Visas

June 28, 2024 | by Anthony A. Fatemi, LLC

Earlier this month, the Biden Administration and the U.S. Department of Homeland Security announced two new initiatives related to immigrants. One is tailored toward expediting the work visa process for college degree-holding Deferred Action for Childhood Arrivals (DACA) recipients (“DREAMers”) who graduated from U.S. colleges and universities. The other is designed to help undocumented spouses and children of U.S. citizens in their pursuit of legal status. The new initiatives are yet another reminder that the law regarding DREAMers is fluid and evolves frequently. As you pursue your work visa, it is wise to retain a knowledgeable Maryland immigration lawyer who is fully up-to-date on the latest changes related to DACA and the Development, Relief, and Education for Alien Minors (DREAM) Act.

One initiative will purportedly expedite the process for DREAMers with college degrees from accredited U.S. colleges/universities and have qualifying job offers. To access the new policy, the offer must be: (1) from a U.S. employer and (2) be in a field related to the applicant’s university major. Additionally, the applicant must “otherwise qualify for the nonimmigrant visa they are applying for.”

If the applicant meets these criteria, he/she could be eligible for a Section 212(d)(3) waiver. Section 212(d)(3) allows federal immigration authorities, on a discretionary basis, to waive most grounds of inadmissibility. This part of the new initiative involves providing enhanced clarity regarding waiver eligibilities, processes, and procedures under Section 212(d)(3).

Excluding Unqualified Experts and Inadmissible Expert Testimony in Your Maryland Criminal Trial

June 14, 2024 | by Anthony A. Fatemi, LLC

Expert witnesses can make a huge difference in the outcome of a criminal trial. The law only allows experts to testify if their opinions are outside the general knowledge of an ordinary juror. In other words, they are probably opining about something scientific and/or technical outside the jury’s general familiarity and education. That unfamiliarity often leads jurors to afford expert opinions considerable weight. If you’re facing a criminal trial where the state plans to use an expert (or experts) as part of its case, you need a skilled Maryland criminal defense lawyer on your side. A knowledgeable advocate can help ensure that a proposed expert is qualified and that the testimony they give is allowed under the court’s limiting instructions.

There are many ways to blunt the prosecution’s use of expert testimony against you. A recent Montgomery County homicide trial illustrates the law that governs these legal arguments and court determinations.

The accused, G.J., was on trial in connection with a double murder in Burtonsville. According to prosecutors, the accused met with J.F. to pay a drug debt but, instead of paying, shot and killed J.F. and A.D., who had driven J.F. to the meeting. The police’s investigation determined that the killer shot the pair with a 9mm gun.