On March 9, 2017, Attorney Ahmad Yakzan was honored by appearing on the Consumer Quarterback Show. He discussed several immigration related subjects ranging from President Trump’s Executive Order, to the new enforcement priorities, and investment visas. He also spoke about immigration reform and the need for the United States to attract the best and brightest. To see the show, click below.
There has been a lot of discussions regarding cell phone unlocking at airports These reports mention that CBP is asking US citizens and other individuals to unlock their cell phones before being allowed on flights, to check on their contacts. The simple answer is that you should not do it. It is a bit more complicated than that, however. In my case, if I were asked to unlock my phone, I will refuse such request, since some of my clients’ information is on the phone and they are covered under privilege.
What are the Facts?
A NY Times report mentions that CBP has been asking for US citizens to unlock their phones to check their contacts and social media. In the NY Times story, CBP forced a US citizen to do so and forced him to unlock his phone. I believe, and so does the US Supreme Court, that this is unconstitutional and is an illegal search and seizure request.
What is the law?
The US Supreme Court has ruled on the issue in 2014 in Riley v. State of California. in a nutshell, the Supreme Court ruled that law enforcement should get a warrant to unlock the phone. Without such warrant, the search will be unconstitutional. It is plain and simple.
What are the arguments for such requests?
The Administration has argued that such searches are needed to defend national security. Regardless of the reasoning, as mentioned above, this is unconstitutional. CBP might argue that US citizens, and other individuals, may not have due process rights at airports, which is false.
What Should You Do if You Receive Such Request?
“Ask for a Warrant”, and refuse to unlock your phone is what the Supreme Court in Riley said. Be adamant in refusing such order.
Well, to start with, judges are people. If you attack them, they subconsciously, will hold it against you. So please have some respect for other branches of government Mr. President.
What Happens Now?
So the three judges panel upheld the lower court’s ruling banning the ban. The court ruled that the Plaintiffs have an interest in allowing travelers in. The court balanced the national security interest and the potential harm to the Paintiffs and ruled that the harm outweighs the national security interest.
What Happens Now?
The Administration now has two options: ask for a full review by the Ninth Circuit or appeal to the Supreme Court. The two options are very tricky. The first one might be the better option however, since we still have eight justices on the higher court. The 4-4 decision threat might lead to a delay on the administration’s behalf until their nominee is confirmed.
What should the Administration do?
I believe that the best course of action is for the Administration to withdraw the order. I doubt that’ll ever happen, however. I think the the President’s statement during the campaign and the fact that the order discriminates against Muslim refugees taint the order and make it unconstitutional.
I don’t think that the battle over this is over by any means. The President just sent out a tweet saying “See You in Court”. To read the decision, click here.
Yesterday, Attorney Ahmad Yakzan took part in a protest against President Trump’s immigration Executive Order. To view the interview, please click this link.
I was stunned this morning Fromhearing that Fidel Castro’s dead. The relationships between the United States and Cuba nation have been thawing recently. They are election of Donald Trump and the death of Fidel Castro are definitely going to change US -Cuba relations for the long-term.
Obama promised that the embargo would be lifted if Democrats were elected this year. These two events might change the way that we see relationships fifth between the two countries. There have been many sticking points that stopped normalization of relations. Although we have opened our embassy for the first time since the 1960s, the Cuban adjustment act and several other things stopped us from fully normalizing relations with the island nation.
There are two possible ways but that’s the Castro may change US Cuba relationship. Castro’s death may lead to further thawing of relationships to the extent and Cuba’s peaceful transition into the 21st century. The other possible outcome is for a new revolution for the Island nation which would lead to a long civil war. This second scenario may mean that US policy might need to be strengthened and further support to the Cuban nation might be needed. In this scenario we might need to increase the number of Cubans allowed under the CAA.
No matter which scenario becomes reality, our course of action sold not be to further isolate Cuba. I believe that our policy should be further normalization with our neighbor to the south. This way we will win either way. I wish Cubans the best of luck in this very crucial time in their history.
Attorney Ahmad Yakzan participated in a discussion about the international refugee crisis. The discussion was held at Stetson University College of Law and included experts on international law.
Attorney Yakzan spoke about his experience in representing high profile individuals in affirmative asylum filings in the United States. He also discussed his recent visit to Lebanon and his experience relating to Syrian refugees.
The event was sponsored by the State Department and the participants included more than fifty international journalists most of whom were from Arabic speaking countries. To view the discussion visit this link.
I’m sitting here at Maggiano’s Little Italy in Tampa, FL, still in shock over what happened two nights ago. Now that I have thought about it, I’m calmer than I thought I’d ever be. I’m calm because we have laws and rules that even a President would not be able to repeal.
My first thought is, relax. You have rights. Even if you are undocumented, you may not be removed without due process . This means that you may not be removed without appearing before a judge. This is the case unless you fall in a very low percentage of cases where you have a very serious conviction.
Being placed in removal proceedings might not be the worst thing either. Being in removal proceedings will allow you to apply for relief in court that you might not have thought about like Cancellation if Removal or asylum.
The key to fighting is to hire a competent lawyer who will help protect your rights. Call me today to schedule a consultation. I’ve zealously represented documented and undocumented immigrants and will do the same for you.
America has a deep immigrant root that cannot be removed that easily.