California Immigration Lawyer Blog

Hasn't that already been decided? That was my reaction when I read the 9th Circuit's decision issued today in Meza-Vallejos vs. Holder. In this case, the issue before the court was whether Meza -Vallejos was in violation of his order of voluntary departure when the last day fell on a Sunday, and on a Monday, he filed a Motion to Reopen.

Mr. Meza-Vallejos is a citizen of Peru. He applied for asylum and had a hearing in front of an Immigration Judge. The Judge denied asylum but granted voluntary departure. He appealed to the Board of Immigration Appeals ("BIA") and the BIA affirmed the Judge's denial of asylum. The BIA, however, renewed Mr. Meza-Vallejos' request for voluntary departure and granted him until July 16, 2005 - a Saturday, to depart the United States.

Mr. Meza-Vallejos did not appeal the BIA's decision. Instead, on Monday, July 18, 2005, he filed a motion to reopen with the BIA with a request for an extension of his period of voluntary departure. He indicated in his motion that he had married a U.S. citizen two weeks previously and she had immediately filed an immigrant petition for him. The BIA denied his Motion to Reopen because although it was timely filed for the purpose of filing a Motion to Reopen, it was two days after his voluntary departure period had ended. They denied it because Mr. Meza-Vallejos had overstayed his voluntary departure. Various appeals followed until the case reached the 9th Circuit.

Continue reading " The last day of voluntary departure when deadline falls on weekend " »

On October 8, 2011, Governor Jerry Brown signed the second of two bills which together comprise what is now known as the California Dream Act. Current law allows undocumented students to attend California community colleges and California state universities if they have attended high school in California for three years (or the equivalent).

Now these students may be eligible to obtain some financial aid. The first bill (AB 130) effective January 1, 2012, permits students to receive a scholarship from non-state funds - from private funds. This bill does not cost the California tax payer any money as California funds are not being used. Students at all California state colleges and universities including the University of California, may apply.

The second bill, AB 131, also effective January 1, 2012, will allow students to be considered for all student financial aid programs administered by the State of California. Eligible students are those who have attended high school (or the equivalent) in California for three years.

The new law does not enable students to apply for federal financial aid and does not confer any kind of legal status upon students.

The California Dream Act helps those who are truly motivated to learn. While the Act has come under criticism as giving for "giving money away to illegal aliens," the money is not being "given away." All students must apply and be found financially eligible. Despite whatever your opinion is on illegal immigration, the truth is that we have a population of teenagers who are here illegally. They are not leaving. In my opinion our society will pay more in increased crime and health care costs if we do not help them with education than we will if we help them obtain an education. The California Dream Act is a step in the right direction.

For a student's perspective on the Dream Act and discussion of the financial costs, check out a recent article in the Daily Bruin, Gov. Jerry Brown signs Dream Act, qualifying undocumented students for financial aid.