Posted on July 03, 2018 in Immigration

On April 17, 2018, the U.S. Supreme Court issued a decision in the case of Sessions v. Dimaya, which effectively struck down a law called the Armed Career Criminal Act (ACCA) as being void for vagueness. In other words, the provisions of ACCA that had been used to render immigrants deportable were held to be too vague to be used as applicable immigration law. The question many might ask is whether or not this ruling could affect pending cases before an immigration judge.

Aggravated Felonies and ACCA

The Armed Career Criminal Act was passed in 1984, and it grants the power to courts to impose additional sentence enhancements on felons who commit three or more violent felonies or “serious drug offenses,” allowing for a 15-year minimum instead of a 10-year minimum. This law’s residual clause has also been construed as holding that immigrants who qualify for sentencing enhancements under the ACCA are removable, because ‘crimes of violence’ or violent felonies almost always qualify as deportable offenses under the Immigration & Nationality Act (INA).

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 Posted on July 03, 2018 in Personal Injury

If you are planning a family road trip this summer that takes you away from DuPage County, it is important to consider the risks of a serious car accident while you are on the road. No one plans for a devastating motor vehicle collision, but they happen more often than most of us assume, and they frequently occur because of another driver’s negligence.

While negligence can take many forms, one of the more frequent reasons for crashes during extended road trips is drowsy driving. It is more difficult for a driver to stay alert—and to stay awake—behind the wheel after hours on the road without a break. According to a recent article in the Claims Journal, auto accidents caused by drowsy driving are more likely to occur farther away from rest stops.

Rest Areas Help to Prevent Fatigued Driving Crashes on Highways

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 Posted on June 29, 2018 in Family Law

When you make the decision to go through a divorce, you may be wondering where you should live. The answer to this question depends on the circumstances of your particular case. Let’s take a closer look at all of your living options.

Remain in the Marital Home

In most cases, one spouse stays in the marital home while the other spouse moves out. This is particularly true if children are involved. However, figuring out which spouse gets to stay in the home and which one needs to move out is rarely an easy task.

Since your home is likely your largest investment and most prized possession, it can be difficult for you to leave it. Be sure to remember that even if you do move out during the divorce process, the ownership of the home will not be finalized until the property division has been negotiated in your divorce settlement. Therefore, moving out of your home during divorce does not necessarily mean you are handing it over to your spouse.

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 Posted on June 26, 2018 in Immigration

When someone enters the United States, he or she either does so at an inspection point, like an airport or shipyard, or he or she enters without inspection, by slipping over a border. Entering without inspection (EWI) does make someone undocumented, but many people become confused about the true meaning of EWI and its potential immigration consequences.

Inadmissible vs. Removable

One of the most important misconceptions about EWI is what it means to one’s immigration status. If someone is lawfully present in the U.S. and commits a crime or overstays his or her visa, then he or she becomes removable. In other words, he or she is able to be removed from the country. However, someone who has never been lawfully present in the U.S. cannot technically be removable, because he or she is legally not present. He or she is deemed to be inadmissible instead — one of many grounds for inadmissibility listed in U.S. immigration law.

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 Posted on June 26, 2018 in Personal Injury

While Illinois certainly is not a state on the ocean, many Lombard residents routinely spend summer vacations boating on Lake Michigan and the other Great Lakes. However, sometimes people do not think about the serious boat accident risks that can arise when out on the water. Boats are motor vehicles. Therefore, if people are not careful, serious crashes can lead to life-threatening personal injuries.

Always Wearing a Life Jacket on the Water

The National Safe Boating Council recently introduced a campaign called “Wear It,” which encourages anyone who plans to go boating to take the “Life Jacket Pledge.” What is the pledge? In short, it is a promise to be safe and responsible out on the water. Safety means always wearing a life jacket. Those who take the pledge agree to the following:

“I will always wear my life jacket while boating or fishing, and encourage others to do the same! I’ll regularly inspect my life jacket and keep it in good condition.”

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 Posted on June 22, 2018 in Family Law

You have the right to privacy. If you are going through a divorce and suspect you have no privacy because your soon to be ex is spying on you, there are ways you can stop this behavior. Regardless of whether you are trying to hide something or not, a spying partner can cause complex issues in a divorce.

Why Does Spying Occur?

There are a variety of reasons your soon to be ex may spy on you. If they believe you are cheating on them, they will likely snoop. Your soon to be ex may also spy in order to find out how you spend your time, who you associate with, and how you are spending money.

Most of the time, spying occurs to gather evidence that can be used against a spouse in court. If your spouse finds information that could hurt your case and reveals it at court but hides the evidence, they may significantly hinder your case.

Ways to Protect Yourself from Spying

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 Posted on June 19, 2018 in Immigration

On April 5, 2018, U.S. Immigration & Customs Enforcement (ICE) raided a meat-packing plant in Tennessee, pulling almost 100 people off the job and holding them. While a person, regardless of his or her immigration status, has the right to refuse ICE entry into his or her home, he or she has no such right on the job. If a person’s employer grants ICE entry to the business, any immigrant employee inside is at their mercy. The nature of such raids can cause real problems not only for employers, but especially for their undocumented employees.

An Impossible Position

Generally, most undocumented people in the U.S. simply want to work and keep their head down, and as such, they ask few questions when looking for jobs to do. This can and does result in a higher proportion of undocumented immigrants in low-skill jobs or hands-on jobs like farming or factory work, where an employer needs bodies above all else—the rationale is that such jobs are often hard and dangerous work, and an undocumented person has little or no standing to demand increased wages or benefits, so the employer saves money. If someone complains, all the employer needs to do to quash such behavior is to threaten to report the employee to ICE.

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 Posted on June 19, 2018 in Personal Injury

What causes motorcycle crashes in Lombard and throughout DuPage County? Understanding the reasons for motorcycle accidents can help riders and motorists alike to take preventive measures. The Federal Highway Administration (FHWA) and the U.S. Department of Transportation (DOT) released a Motorcycle Crash Causation Study (MCCS), which addresses some of the underlying reasons for motorcycle collisions on major roads and smaller streets across the country. After considering the causes for these crashes, motorcyclists and automobile drivers should think carefully about safety, and the U.S. Centers for Disease Control and Prevention (CDC) provides an extensive pamphlet on motorcycle safety tips for anyone on the road.

Get the Facts About the Motorcycle Crash Causation Study

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 Posted on June 15, 2018 in Family Law

Summer is known as a time for fun and relaxation. However, for families with separated or divorced parents, summer vacation can be complicated. It can be a challenge to figure out daycare or camp arrangements, summer vacations, and custody plans. Regardless of the type of relationship you have with your co-parent, these summer co-parenting tips are sure to make your summer as well as your child’s summer happy and free of stress.

1. Consider Summer Schedules

Your schedule, as well as your child’s schedule, may change during the summer months. While your child may be off from school, you may not work because of the type of career you have. It is crucial to take a look at your situation as well as your child’s and speak to your co-parent about any changes that may need to be made to your custody plan.

You should also ask your child how they would like to spend their summer break. If they hope to play sports or attend summer camp, you should make sure that your custody plan accommodates these summer activities.

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 Posted on June 12, 2018 in Immigration

In early April 2018, the U.S. Executive Office for Immigration Review (EOIR), a sub-entity of the Department of Justice, issued a memo to immigration judges stating that rules for judges would be modified in the near future. After modification, every immigration judge in the U.S. will be expected to complete at least 700 cases each calendar year. While some judges already do this, activists are concerned that this will lead to an overall lack of due process for those waiting in the system.

The Backlog is Long

The immediate reason for such action from EOIR is the U.S. immigration court backlog, which comprises hundreds of thousands of cases, each one representing a person who is entitled to due process rights and a hearing on their specific situation. TRAC immigration statistics show a currently pending backlog of 684,583 cases as of this writing, with average disposition time rising to over 700 days (more than two years) — in Denver and San Antonio, the average time to have one’s case heard is over 1,000 days.

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