Immigration Attorney Kevin Dixler States There are Now Options Before Deportation

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Kevin Dixler, a Chicago Immigration Attorney, says the reversal of Silva-Trevino opens up options for immigrants facing deportation, allowing the review of certain cases now, that judges were forced to ignore, in the past.

What Eric Holder has done is a good thing, since it allows more people to ‘apply’ for immigration relief. This is a human rights issue.

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In a recent landmark decision, Attorney General Eric Holder formally vacated the matter of Silva-Trevino, 24 I&N Dec. 287 (AG2008). The 2008 George W. Bush-era decision led to the deportation of numerous immigrants from the U.S. Following the decision, numerous Courts of Appeals reversed Mukasey’s Silva-Trevino decision as a matter of law. As a result, there was an inconsistent standard of immigration review, because Mukasey’s Federal Mandate still affected those regions that had yet to review a similar case. Immigration and visa attorney Kevin Dixler said, “People were being deported without the Immigration Court reviewing their circumstances, and in some cases, there were outrageous circumstances affecting U. S. Citizens that had to be ignored. That meant that some Immigration Courts had to review cases before a final deportation took place, while other states were deporting without any kind of review.”

Attorney Dixler sees Holder’s re-affirmation of the original BIA Silva-Trevino decision, with modifications, as a restoration of justice and due process to some immigrants who face possible deportation, due to 'minor' past criminal convictions. “What Eric Holder has done is a good thing, since it allows more people to ‘apply’ for immigration relief. This is a human rights issue,” said Dixler. “It doesn’t mean, however, that a person who has a certain conviction or arrest will be allowed to stay after the review process, but it now opens the door for more people to be heard.”

Dixler stresses that anyone finding themselves in an immigration or deportation case should seek an appointment with a competent and experienced immigration lawyer; there are many variables in play. “If someone is in Immigration Court and they don’t have an attorney, they too often give up significant opportunities to seek relief from deportation,” he said. “Now, there is more hope for people.”

About Kevin Dixler, the Immigration Law Office of Kevin L. Dixler
Mr. Dixler limits his practice to immigration, visa law, citizenship and related matters. He remains a member of the American Immigration Lawyers Association, since 1993. The Law Office Of Kevin L. Dixler is licensed to represent U. S. Immigration clients within the United States and throughout the world. For more information, please call (312) 588-0500.

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Tiffani Tendell