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Travel ban ninth circuit decision

The Ninth Circuit Made the Right Decision: Now What?

The Ninth Circuit travel ban decision has now dealt another blow to the Executive Order limiting travel from six predominantly Muslim countries. This decision is the latest in a series of decisions that have upheld the restraining order against the ban. I believe that this decision is the right decision, however, I do believe that the Justice Department has made a mistake in appealing the case to the Supreme Court, which I would discuss below.

The Ninth Circuit’s decision is a reiteration of its previous decision dealing with the issue. The Ninth Circuit, in essence, said that the President and the Administration did not articulate a rational basis for the ban, which is a classification based on religion. The decision goes through all of the Administration’s arguments to support and the ban, and, one by one, the Court struck them down. The Court did allow the enhanced vetting procedures to go forward, which, in due time, would be in court. I believe that these procedures will also be unconstitutional based on the procedures once they are released.

  • Why Did the Administration Make a Mistake? 

I believe that the Administration made a mistake in asking the Supreme Court to review the restraining order decisions from two different cases. It is worth noting that the two courts, at least the Fourth Circuit, is not a bastion of liberal jurisprudence. This, in my opinion, would make a decision overruling the restraining orders much more difficult.

It is also worth noting that in a case called United States v. Texas, which reviewed President Obama’s Executive Order upheld the lower court’s decision enjoining the order based on the same grounds the new order was restrained. In that decision, the Supreme Court upheld the restraining order from the Fifth Circuit. That case held that the states had standing to challenge President Obama’s Executive Order granting relief from removal for millions of undocumented immigrants. I do not believe that there has been a shift in the law to change that decision. The Administration is sure to challenge jurisdiction based on state standing. Moreover, the chances of the Supreme Court granting certiorari to review the lower courts’ decision have diminished because of that binding prior decision.

I believe that the Administration should have waited for a ruling on the merits to appeal to the Supreme Court.

  • Why Are the Vetting Procedures Problematic? 

I believe that the vetting procedures will also be a problem under this administration. Unfortunately, we will not be able to know them until there are regulations dealing with these procedures are published. Then, immigration attorneys and the public at large would be able to review them. There will be legal challenges to the procedures if they were based on discriminatory criteria.

We now await the Supreme Court’s decision on whether it will take the case.

Refugee Crisis Ahmad Yakzan

Trump Tells the World to Covfefe Itself: What Does Pulling Out of Paris Mean to Refugees ?

I am watching the President make one of the worst decisions that he has ever made; pulling out of the Paris Agreement puts it at bar with Syria and Nicaragua (which has not signed because it does not go far enough).

The Paris Agreement has been signed by almost every country in the world to safeguard our future. It sets goals for countries to meet to decrease the number of pollutants in the air to deal with global warming. Experts believe that global warming will lead to an international refugee crisis because people in low-lying countries will be forced to migrate from their countries to others.

The problem is that international refugee law, as it stands now, does not offer protections for environmental refugees. To qualify for asylum as a refugee, a person must meet the persecution bar under one of six protected grounds, which do not include environmental refugees. I was recently a speaker at a panel discussing the issue at Stetson University College of Law.  There are discussions to amend the Refugee Convention to allow victims of climate change to apply for refugee protections if they were truly subjected to persecution based on environmental issues. Applicants would be able to claim that they were persecuted by their government by the latter’s failure to protect the environment to protect them. This change would be cataclysmic and would be a major change in refugee law.

I think the decision was erroneous for many reasons. We are the world’s only remaining superpower and with us pulling out of the agreement, other countries will follow suit. International law is customary in nature, and such action will undoubtedly lead to major changes. It is enough for the United States not to sign the International Criminal Court’s treaty for many countries to refuse to ratify the convention. On a side note, this will be an issue in the 2018 election.

I am interested in your thoughts. Please comment or email me at yakzan@americandreamlawoffice.com.

FidelUSCIS Cuba

Fidel Castro is Dead, now what?

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.

Refugee Crisis Ahmad Yakzan

Attorney Ahmad Yakzan Participates in Discussion about the Global Refugee Crisis

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.

What does a Trump victory mean for (un)documented immigrants? 

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.