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Immigration Newsletter – 2012 10 – October Edition


October 31, 2012 | Volume I, Issue 10


As election day has grown closer, many clients have expressed their worries about the future of immigration reform.

They’re not alone. Like my clients, I lack confidence that either Obama or Romney will strive to create rational paths to legalization in the next four years.

Both have been far too are willing to gloss over immigration issues in order to persuade immigration reform opponents to vote for them.

The problem, however, goes deeper than just the candidates.  Or their parties.

It’s related to our electoral system.

It’s outdated.

It’s ineffective.

Times have changed and it’s time to change our political system.

We need a system where more voices are heard.  We need a system where candidates, representing a wider variety of issues, have a fair chance of winning.

Not possible, you say?

Guess again.

In this month’s ezine, you’ll find a link to a video on an alternative voting system.  It’s short, eye-opening, and informative.

And several reports, articles, blogs, and stories have been published about third parties and independent candidacies have surfaced this election cycle.

Public debates between the smaller candidates, sponsored by news stations, big and small, were held to showcase their positions.

Sadly, the larger news stations who participated were from other countries.

Wonder why?

Well, to put it simply, that’s another clue why we need election reform.

To Your Immigration Success!

Feature Article

"Liberation Politics And The Future Of Immigration Reform" by Carlos Batara

immigration-reform-requires-political-courageA few months ago, Illinois Representative Luis Gutierrez announced the “Change Takes Courage” campaign.  The initiative challenged the president to exert leadership on immigration reform.

Sadly, courage and leadership are not traits found in most politicians.  Their modus operandi is reactive in nature.  If they feel a threat to their reelection, they start to adjust in accordance with the public winds of the day.

As a result, since far too many representatives lack the internal fortitude to push for change on their own, the public must externally provide the impetus for them to exercise such courage.

Continue article...

Your Turn To Ask Carlos

ask-riverside-deportation-lawyer-carlos-batara Question: "I just got home from my husband’s bond hearing.  The government lawyer claimed his drug conviction disqualified him from being released at all.  The immigration judge agreed.  How can this be?  He’s been a lawful permanent resident since he was a young child.  He is over 40 years old now.  He never went to jail for his crime and this happened a long time ago."

- - - Gloria D., La Quinta, CA


The government attorney and the judge were referring to the rules known as “mandatory detention.”

These rules apply to lawful permanent residents who have committed certain types of offenses. Crimes involving controlled substances are included in this list.

So, on the surface, it seems your husband is out of luck on the bond issue.

However, mandatory detention rules only apply to immigrants who were released from the custody of some law enforcement agency (like the local police or sheriff’s office) other than an immigration agency after October 8, 1998.

This raises two important issues for your husband.

First, you said his conviction took place a long time ago. How long ago? If his case happened before October 8, 1998, the judge may have made a mistake.

Second, you noted he never went to jail. Does this mean he was never arrested? Was he simply issued a warrant to appear in court? If he was never in physical custody, like jail, then the mandatory detention rules may not apply in his case.

If your husband thinks either issue fits his situation, he can file a new motion to challenge the court’s decision.

But even if the judge erred, this is not the end of the story. This only means he is not disqualified from seeking bond.

Your husband must still show he is neither a risk to flee nor a danger to the community to obtain bond.

To play if safe, your husband should not try to do all this on his own. He should consult directly with an immigration lawyer before filing any papers.

Minor mistakes, after all, could lead to another negative decision.

Have a question for Carlos?

Send him your question via this form.

Your inquiry may featured in an upcoming issue!

Follow Carlos
In This Video:
Is it possible for the American public to feel that their votes count at election time?
The key is to realize each election has two parts. There is a selection stage and a voting stage.
By changing how our votes are counted during the selection stage, each person’s vote becomes meaningful throughout the election process.

At the end, even if a person’s favorite candidate does not win, the issues most important to each voter will become a central component of each election cycle.

This video explains how such a system would work.

"Choosing Your Champion - 7 Questions to Ask Before Hiring An Immigration Attorney"




  • Why you should consider hiring a lawyer with trial and appeals experience for your immigration court hearing.
  • How to tell if your lawyer is a "real" lawyer, not a sham posing as an attorney.
  • Why you need a strong rapport with your lawyer (and should never hire someone you can't talk to or don't feel comfortable sharing important details).
  • How to evaluate the fees your attorney will charge you.


"Each individual has a place to fill in the world and is important in some respect whether he chooses to be so or not." - Nathaniel Hawthorne

riverside-green-card-attorney-carlos-bataraCarlos Batara, Immigration Attorney

is uniquely qualified to help you and your family -- even with the most challenging immigration cases.

His background, education, experience, and skills make him a one-of-a-kind advocate for your needs.

With family roots in Mexico, Spain, and the Philippines, Carlos is a Harvard Law School graduate and earned degrees in International Relations and Economics at the University of Southern California (USC).

Carlos opened his first law office in San Diego in 1993 - helping clients earn their green cards and lawful permanent residence, naturalization and citizenship. It quickly expanded into a nationwide practice.

Today, Carlos has five law offices in Southern California. He has handled cases from clients living in more than 25 different states and 80 different countries.

As an immigration trial and appeals attorney, Carlos has won several cases when other immigration lawyers told clients they had no chance to prevail.

If you liked today's issue, you'll appreciate Carlos' blogs, articles, and free reports to help guide you and your family on the journey to immigration success. Learn more at

Copyright 2012 Batara Immigration Law, All rights reserved.
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