And last, an important caveat, the reader should keep in mind that for just about every rule of law on the books, there will likely be an exception (or exceptions) that may apply. Although most all of our immigration laws in the United States are well-settled and will apply to all noncitizens the same across our nation, some of these laws may be subject to an exception. As a result, when you read a rule of law that we have posted or referenced in this web site, we do not intend that it be interpreted as if it is written in cement or is absolutely inflexible. To the contrary, the reader should consider the possibility that theremight be an exception to such a rule.
Further below in this web site we inform the reader that although our immigration laws are intended by the Congress of the United States to be applied equally across the various states, in reality, it is the federal appellate circuit courts that have the ultimate authority to decide whether the laws enacted by Congress are constitutional, or not. But there are eleven separate federal appellate circuits in the United States and they do not always agree in interpreting our immigration laws the same as other circuits. This results in unavoidable variances between the federal circuits as to what a particular law is, or is not, making an immigration law enforceable in some circuits while unenforceable in others until the Supreme Court of the United States intervenes and decides what the law is. The reader therefore should consult with an immigration expert to determine his or her individual likelihood at prevailing in defeating the government's attempt to effect his or her deportation from the United States depending on the noncitizen's particular state where he or she resides.
Example: until July 14, 2011, if a noncitizen was convicted of a simple drug possession related crime and was lucky enough to have been a resident of one of the states (when appearing before the office of the immigration judge) under the jurisdiction of the U.S. Court of Appeals for the Ninth Circuit, his conviction for simple possession of a controlled substance would be treated differently (more favorable) than a conviction for the same or similar offense would be treated by another federal circuit court, on grounds of equal protection, if the noncitizen was a resident of a different state. The Ninth Circuit reversed itself in Nunez-Reyes v. Holder on July 14, 2011 joining the rest of the federal circuits finding that a conviction for a controlled substance that has been expunged remains a conviction for purposes of immigration law.
We are very grateful that you find this web site useful.
The Management. Immigration_AppealWorks®