Asylum

WHAT IS ASYLUM?

Affirmative vs. Defensive

“Affirmative” Asylum In the affirmative asylum process, individuals who are physically present in the United States, regardless of how they got here and regardless of their current immigration status, may apply for asylum. They do so by submitting an application to the USCIS. Asylum-seekers must apply for asylum within one year from the date of last arrival in the United States, unless they can show changed circumstances that materially affect their eligibility or extraordinary circumstances relating to the delay in filing, and that they filed within a reasonable amount of time given those circumstances. They file an asylum application by sending it to a USCIS Service Center, and are interviewed by Asylum Officers. Affirmative asylum applicants are free to live in the U.S. pending the completion of their asylum processing with the USCIS and, if found ineligible by the USCIS, then with an Immigration Judge. Asylum applicants referred to an Immigration Judge for such processing are usually not detained.

U.S. “Defensive” Asylum Processing with EOIR Immigration Judges hear asylum applications only in the context of “defensive” asylum proceedings. Applicants request asylum as a defense against removal from the United States. Immigration Judges hear such cases in adversarial proceedings. If the applicant is not found eligible for asylum, the IJ determines whether the applicant is eligible for any other forms of relief from removal and, if not, will order the individual removed from the United States. Aliens generally are placed into defensive asylum processing in one of two ways: 1) they are referred to an IJ by Asylum Officers who did not grant asylum to them, or 2) they are placed in removal proceedings because they: a) are undocumented or in violation of their status when apprehended in the U.S. or b) were caught trying to enter the U.S. without proper documentation (usually at a port-of-entry) and were found to have a credible fear of persecution or torture.

Asylum-Seekers and Expedited Removal

Most undocumented immigrants stopped by immigration officers at a U.S. port-of-entry (POE) may be subject to expedited removal. This means that, for persons other than genuine asylum seekers, refusal of admission and/or removal from the United States can be effected quickly. Any person subject to expedited removal who raises a claim for asylum – or expresses fear of removal – will be given the opportunity to explain his or her fears to an Asylum Officer.

If the individual expresses a fear of return, the individual is detained and given an interview by an Asylum Officer. The role of the Asylum Officer is as an Asylum Pre-Screening Officer (APSO) who interviews the person to determine if he or she has a credible fear of persecution or torture. This is a standard that is broader — and the burden of proof easier to meet — than the well-founded fear of persecution standard needed to obtain asylum. Those found to have a “credible fear” are referred to an Immigration Judge to hear their asylum claims. Most individuals who are found to have a credible fear are released. However, some are not released, and instead are detained while their asylum claims are pending with the Immigration Judge.

Do you think you have an asylum matter? Contact our firm to setup a free consultation.

DUI / DWI Statute – Penalties by Offense

 DWI – N.J.S.A. 39:4-50

PENALTIES – FIRST OFFENSE (.08% BAC or “Under The Influence”)

(1) For the first offense:

(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle,

  • to a fine of not less than $250 nor more than $400 and
  • a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and,
  •  in the discretion of the court, a term of imprisonment of not more than 30 days and
  • shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months.

PENALTIES – FIRST OFFENSE  (.10% BAC or Higher or Under The Influence of Drugs).

(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle,

  • to a fine of not less than $300 nor more than $500 and
  • a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and
  •  in the discretion of the court, a term of imprisonment of not more than 30 days and
  • shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

 PENALTIES – SECOND OFFENSE

(2) For a second violation, a person shall be subject

  • to a fine of not less than $500.00 nor more than $1,000.00, and
  • shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and
  • shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and
  • shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction
  • For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

PENALTIES – THIRD OR SUBSEQUENT OFFENSE

(3) For a third or subsequent violation,

  • a person shall be subject to a fine of $1,000.00, and
  •  shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and
  • shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years.
  • For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

In addition to Driving Under the Influence, the Law Office of Qadeer & Associates can also help you with any minor traffic offenses.  Although the fine for a traffic ticket may  be small, it is important to remember the impact these violations can have on your insurance.  You may end up having to pay more in the long run, so it is important to retain an attorney and fight even the smallest of violations.

  • Traffic Offenses
  • Careless Driving
  • CDS in a Motor Vehicle
  • Driving While Suspended or Revoked
  • Driving Without Liability Insurance
  • Leaving the Scene
  • License Suspension
  • Motor Vehicle Violations
  • Refusal to Take Breathalyzer/Alcotest Test
  • Speeding