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Parolee in the immigration context

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The Department of Homeland Security defines a parolee as: ” an alien, appearing to be inadmissible to the inspecting officer, allowed into the United States for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit. Parole does not constitute a formal admission to the United States and confers […]

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Parole in the immigration law context

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Parole is a form of discretionary relief and temporary in nature for the most part. When a non-citizen seeking admission to the United States is not clearly qualified for admission, the immigration officer may choose to release the non-citizen on parole pending further investigation. Immigration authorities may also grant parole for humanitarian reasons or reasons […]

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Assault Charges – Misdemeanor type

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If you charged with misdemeanor assault one of the following subsections must be able to be proven to apply to the facts of your case. A.R.S. 13-1203 Intentionally, knowingly or recklessly causing any physical injury to another person; or Intentionally placing another person in reasonable apprehension of imminent physical injury; or Knowingly touching another person with the intent […]

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How many categories of Felonies does Arizona have ?

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A.R.S. Section 13-601 Felonies are classified into the following six categories: Class 1 Felonies Class 2 Felonies Class 3 Felonies Class 4 Felonies Class 5 Felonies Class 6 Felonies The particular classification of each felony defined in this title is expressly designated in the section or chapter defining it. Any offense defined outside Title 13 […]

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What is deferred action in the immigration context?

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What is deferred action? A1: Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion. For purposes of future inadmissibility based upon unlawful presence, an individual whose case has been deferred is not considered to be unlawfully present during the period in which deferred action […]

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DUI Checkpoints and Roadblocks for the Holidays

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DUI Checkpoints or Roadblocks Explained DUI checkpoints are constitutional if conducted properly. Q: What is a DUI checkpoint? A: It is road block set up by police to stop every vehicle (or every 3rd, 4th etc. as long as it is applied consistently) for the purposes of detecting drunk or drugged up drivers. In Pima County, a check […]

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DUI Sobriety and Chemical Tests: Should I take them? Do I have to take them?

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One of the most common areas of confusion and misinformation is in the area of DUI tests. One of the reasons is that there are several different categories of tests and each have a different level of consequences, if any,  if you refuse to take them. One thing in common that they all have is […]

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Points on your drivers license in Arizona

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Points Assessment This table demonstrates how points are assessed according to the infraction committed. Violation Points DUI 8 Extreme DUI 8 Reckless driving 8 Aggressive driving 8 Leaving the scene of accident, hit-and-run 6 Failure to stop for a traffic signal, stop sign or to yield the right-of-way, causing death 6 Failure to stop for […]

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What happens to an Arizona drivers license with a 1st time misdemeanor DUI ?

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Normally a person with a first time regular DUI (alcohol only) misdemeanor will have his licensed suspended for  90 days. However after serving the first 30 days of the 90 day suspension a person can apply for a restricted driving permit (to and from work or school).  The decision to issue one of these licenses is […]

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Third or subsequent DUI in 7 years (one type of Felony DUI)

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Under A.R.S. § 28-1382 if a person “within a period of eighty four months commits a third or subsequent violation of A.R.S. 28-1381, section 28-1382 or this section or is convicted of a violation of section 28-1381, section 28-1382 or this section and has been previously convicted of any combination of convictions of Section 28-1381, […]

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