SCOTUS decision enhances due process rights of immigrants

This Blog was posted By The South Texas Legal Group. principle Office in San Antonio, Texas

SCOTUS decision enhances due process rights of immigrants

Anyone who has had to navigate the court system here in the U.S., whether for a civil or criminal matter at the state or federal level, knows firsthand just how mystifying the experience can prove to be.
Immigration Attorneys in San Antonio

As bewildering as this experience can prove to be for everyday citizens, imagine how much more so it can be for immigrants who must place their complete trust in their attorney to guide them through the process effectively and efficiently.

The unfortunate reality, however, is that sometimes the attorneys in whom immigrants place their trust can fail to fulfill this duty, effectively leaving them with little recourse and hopelessly adrift in an unfamiliar system.immigration lawyers

Fortunately, a recent decision by the Supreme Court of the United States should help rectify this situation by strengthening the due process rights of otherwise vulnerable immigrants.

A Mexican man who had lived in the U.S. for 15 years as an undocumented immigrant pleaded guilty to domestic assault charges. Shortly thereafter, deportation proceedings were initiated and the presiding judge ordered him removed from the U.S.

He sought to challenge the deportation decision via the Board of Immigration Appeals, but his then-attorney failed to file the necessary paperwork within the applicable 90-day timeframe.

He then hired a new attorney and asked the BIA to reopen his case on the grounds that he wasn’t made aware of his prior attorney’s malpractice until it was too late. The BIA, however, dismissed the appeal.

An appeal was then filed with the 5th Circuit U.S. Court of Appeals arguing that his due process rights had been denied and requesting that the deadline for filing an appeal be extended. The 5th Circuit, however, declined to do so, claiming it lacked jurisdiction over the matter.

He then appealed to SCOTUS, which is an 8-1 decision issued earlier this week, held that the federal appellate courts do indeed have the necessary jurisdiction and therefore can extend deadlines in deportation cases predicated upon ineffective assistance of counsel.

This is a truly groundbreaking and highly encouraging decision for immigrants, who no longer have to worry quite as much about their case being effectively closed due to their attorney’s negligence.

Personal Injury Law – Do You Need A Lawyer

Personal Injury Law – Do You Need A Lawyer

The question, “Do I need a lawyer?” often arises after people experience a motor vehicle accident. Many people ask the question because they want to know how to best handle their cases, while others ask the question out of concern for the costs related to hiring an attorney. The answer to the question really depends on the facts of the case.

car accident attorneys - personal Injury Law
Personal Injury
Click on this link @ https://www.attorneys-sa.com/car-accident-lawyer-in-san-antonio/
One of the first things that you should ask yourself after an accident is, “Do I have a case?” Depending on the particular facts, you may need to seek legal counsel in order to effectively answer that question. Whenever an individual is hurt in a car accident due to someone else’s carelessness, that individual may be eligible to receive compensation for his or her injuries. That said, accident victims are strongly urged to seek the assistance of a skilled attorney before making any final decisions regarding the need for representation.

If you or a loved one has been injured in a car accident and you want to know if you need a lawyer, call us to speak with a competent Texas car accident lawyer as soon as possible.

Wouldn’t It Be Easier And Cheaper To Handle My Own Case?

This common question is often included in car accident info centers. Depending on the facts and circumstances of the case, it might be simpler for you to handle your own case. For example, if fault is not at issue and your case only involves damages to the vehicle and/or minor injuries, you may be better off handling your own claim.

However, if your case involves any of the following, you may be better served by working with a competent lawyer:

You sustained injuries that will keep you hospitalized or require surgery.
You suffered significant bodily harm and/or severe injuries, like broken bones.
Your injuries will cause you to miss work.
If you are having a tough time deciding whether or not to work with an attorney, you should probably at least request a consultation to fully explore your options.

Do I Need A Lawyer If I Or My Passengers Were Hurt In A Car Accident?

Whenever injuries such as those discussed above have been sustained, it is always a good idea to get a lawyer involved in the case. Car accident lawyers are often better prepared to handle the entire process, and they are usually more familiar with the state laws and regulations.

You will need to do many things in order to obtain the best possible outcome, and working with an attorney who has that goal in mind might prove to be beneficial for you in the long run. Injuries can be long-lasting, and the medical bills associated with them can be quite expensive. That is why it is very important for accident victims to seek all possible compensation available to them.

If you are still wondering whether or not you need a lawyer to handle your case, you might find it helpful to call us right away to find out more about your legal options. A consultation can be scheduled for you at your convenience. More here @ https://no1-lawyer.com/car-accident-lawyer-in-odessa/

Social Security Disability

Nothing is more troubling than to be denied benefits for Social Security disability. Additionally, the appeal process is challenging and requires medical forms and reports, interviews, a complete history of your work skills, and a number of other documents. If you are denied twice, you may have to appear before an administrative law judge.

To be approved for benefits, you must establish your “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months”.

The Social Security Administration pays disability benefits under two programs:

  • The Social Security disability insurance program pays benefits to you and certain family members if you worked long enough and paid Social Security taxes.

Your adult child also may qualify for benefits on your earnings record if he or she has a disability that started before age 22.

  • The Supplemental Security Insurance (SSI) program pays benefits to disabled adults and children who have limited income and resources.

SSI benefits also are payable to people 65 and older without disabilities who meet the financial limits.

For most people, the medical requirements for disability payments are the same under both programs and disability is determined by the same process.

Whether you apply for Social Security or SSI disability, you will be required to provide information about your medical condition, work, and education history. We can help you prepare this information and represent you during the appeal process.