New Frontier Immigration Law - October 2020


October 2020

October is going to be an exciting month for New Frontier. We’re doing two back-to-back oral arguments with the 9th Circuit Court this month. For those of you who may not know what that is or why it’s such an exciting prospect, learning about it and why we’re so eager to start the process could make all the difference for your own case. With a new immigration case, you’ll most likely start by going to immigration court, or the USCIS. If you lose, you can appeal to a board of immigration appeals, and if you lose again, that’s when you appeal to the circuit court. Here in Arizona, our circuit court is the 9th Circuit, and in other places like Kansas, where we also do a lot of immigration work, it’s the 10th Circuit. Regardless of which circuit you end up in, if you’re there fighting your case, it means you’re just one step below appealing to the Supreme Court of the United States. That’s what makes circuit court such an intense, high-risk, and exciting opportunity. The problem is that many immigration law firms fear appealing any higher than the immigration board of appeals. They’ve either never done it before or are too nervous about the potential outcome. Often, they tell their clients it’s better for them to use their resources to pack up their lives in America and start over wherever they originally came from. Higher appeals are very time-consuming, costly, and high-risk scenarios that most attorneys just won’t pursue for their clients. In some ways, that choice is commendable — you shouldn’t play in the big leagues if you haven’t trained for it. There’s too much at risk for the client if you decide to take on a court you aren’t prepared for. But at the same time, it’s aggravating to see a client fight tooth Don’t Give Up We’reReadytoAppealto theHighestCourtsforYou

and nail to stay in this country for years, only to have their attorney give up on them, lose the perspective of what it’s like to be in their shoes, and fail to do everything they can to help them. That’s why we don’t do that. One of our mottos at New Frontier is “Never give up.” We say that because not only have we appealed cases all the way to the circuit courts and even the Supreme Court, but we’re also eager to do it if that’s what it takes. That’s because we’ve had many landslide victories for our clients. In those moments, we realized that if we had given up or if our client had gone to someone else who would have inevitably given up, our client would have been deported when there was no reason for them to be. We are the premier immigration law firm because we have a long history of doing these kinds of appeals. I started practicing as a lawyer by working my way up and down these appeal courts, so when I opened my own practice, I knew that was exactly where I wanted to stay. Appeals to the circuit court don’t happen often with other law firms, but here, we’re armed with the experience these situations call for. We will not give up on your ability to achieve the American dream just because the road there is difficult. We don’t feel defeated — we become motivated. So don’t give up. We have ways to help you that other lawyers

aren’t offering. If you or someone you know needs help, we’re here and ready no matter what level of court or phase of appeals you might be in.

–Hillary Walsh



Meet Fiona She Stands With You

Catchphrase! 6 Things Celebrities Tried to Trademark — and Some Who Succeeded Celebrities love to trademark all sorts of things for one simple reason: People associate certain words with the celebrity’s brand, and the celebrity wants to protect that. It makes sense from a business perspective, but sometimes, it can get a little silly. Read on to see what the U.S. Trademark and Patent Office gave its blessing to and which trademarks it outright refused to create. Blue Ivy Carter Just days before their first daughter was born in 2012, Beyoncé and Jay-Z filed for a trademark on her name. The problem was that a wedding planning company called Blue Ivy was already using the name. Plus, Jay-Z mentioned to the media that their intention was to prevent others from using it. The trademark was denied. Kylie This generic trademark was filed by Kylie Jenner (of the Kardashians and Jenners). Her intention was to use her trademarked name for marketing purposes. The trademark was denied, and Jenner even ended up in a brief legal battle with singer Kylie Minogue. ‘Let’s get ready to rumble!’ One of the most well-known catchphrases of all time was successfully trademarked in 1992 by its creator, boxing announcer Michael Buffer. Even better, it’s made Buffer a very wealthy man. To date, he has made nearly $500 million dollars by licensing the trademark. ‘Rock Star From Mars’ Back in 2011, actor Charlie Sheen had a very public meltdown. During the episode, he rambled off countless phrases such as “Duh, winning,” “tiger blood,” and “rock star from Mars.” In the end, he tried to trademark a total of 22 phrases, but all were rejected by the U.S. Patent and Trademark Office. ‘You’re fired!’ Donald Trump is known for many things, including emblazoning his name on everything he owns. Long before he was president and while host of “The Apprentice,” he filed a trademark on the show’s catchphrase. It was denied because it was too close to a preexisting (and trademarked) board game called You’re Hired. ‘BAM!’ TV chef Emeril Lagasse was a pioneer in the world of cooking shows. He popularized cooking on TV and captivated audiences by exclaiming one simple phrase every time he added an ingredient to whatever he was making: “BAM!” Naturally, he trademarked his signature phrase, but he doesn’t discourage people from using it as long as they keep it in the kitchen.

Fiona Ingalls has known Hillary Walsh for over eight years but only started with New Frontier in February. “I first worked with Hillary as her legal assistant when we were at the same firm back in 2012,” Fiona says. “We only had a year together before Hillary left for other opportunities, but we forged a solid friendship in that time.” The two remained in contact over the years, and when Hillary discovered that Fiona was looking for work, she didn’t

hesitate to reach out to her old colleague. “Even though I had never worked in immigration law before, when I learned about the incredible work Hillary was doing, I couldn’t say no,” Fiona says. She now works with clients on their bond packages and helps them prepare to take their habeas cases to district courts. “Helping people find a way to achieve a better life is more rewarding and humbling than anything I’ve ever done before,” she says. “Nothing about this process is easy, but everything about it is worth it.” Fiona is no stranger to that claim — she emigrated from England to the U.S. 20 years ago. “I grew up in Wales, and when I married my husband, I started the process of getting my U.S. citizenship,” she says. “Even then, and with my simple scenario, the process was grueling.” Taking her citizenship test was the most challenging part, but there was nothing quite like the naturalization ceremony that came after. “There were at least 65 different countries represented,” she says. “It was an incredible feeling, being among people from different walks of life who have the same dream. I want each of our clients to experience that one day.” No matter where in the process they are, Fiona knows New Frontier can help. “For many of our clients, their journey to just get to the U.S. is incredibly difficult. And then they have to start the legal battle. I had no idea about the lengths people will go to become members of this incredible country. I’m so honored to be a part of their process.” New Frontier knows and understands what you’ve gone through to get where you are. That’s why we’re ready to stand with you and help you continue on. Don’t give up. Call our office so we can help.



Spooky City Regulations Halloween Laws Across the U.S.

Use of Silly String got so popular in the city on Halloween that the mess left behind became a strain on sanitation workers, and the city sympathized with them. Belleville, Illinois: No 8th Graders Trick-or-treating is most often viewed as an activity reserved for younger generations, but how do you determine what age is “too old” for this type of generally good-natured fun? Well, the city of Belleville settled the ambiguity by passing a law restricting teenagers who are past the eighth grade — generally older than 13 — from going door to door on Halloween. Walnut, California: No Masks Without Permits In a simpler time, there was no paperwork required to celebrate Halloween to the fullest. But in the city of Walnut, no one can wear a mask or other disguise on public streets without a permit from the sheriff. The law doesn’t specify any exceptions, so residents are left to assume that everyone from age 5 to 100 must abide. Whatever your Halloween celebrations might look like this year, it’s important to have fun, but remember to abide by any rules or laws your city might have in place in an effort to keep its citizens safe.

Halloween can be a mischievous holiday. The most innocent of us reserve it for backyard parties and trick-or-treating, but some like to get a little rowdier than others. That’s exactly why various city councils across the U.S. have passed some seemingly unusual laws to regulate spooky festivities.

Rehoboth Beach, Delaware: No Sunday Trick-or-Treating

If Halloween falls on a Sunday, children in Rehoboth Beach are required to trick-or-treat the night before. The explanation in the city code is simple, but ambiguous: to prevent children and their guardians from going door to door on Sunday evenings. Rehoboth Beach law also forbids children from roaming the streets on Halloween “with the intent to cause trouble,” but what exactly that means is ambiguous as well. Hollywood, California: No Silly String The Los Angeles City Council has banned Silly String and all other brands of aerosol string from use on Halloween in the Hollywood area. From midnight on Oct. 31 until noon on Nov. 1, no one is allowed to spray, sell, or distribute Silly String in public locations.





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The Weird Things Celebs Tried to Trademark Spotlight on Fiona Ingalls

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Weird and Wacky Halloween Laws

Client Success Story

Even When the Tide Turns We Know How to Fight for You

We see clients from every walk of life who left their original country for any number of reasons. But the one similarity they all have is that they came to the U.S. seeking a better and a more hopeful future. Our clients have taken the first difficult steps of advocating for themselves so that we can continue advocating for them to achieve their dreams.

The problem was that this filing happened to coincide with the timing of the Supreme Court’s decision that district courts would no longer have jurisdiction to rule on habeas cases. That meant many people would be left in detention while their cases were pending. For New Frontier, it meant that we had to fight even faster for our client. It got down to the wire, but we finally managed to secure a second interview, and subsequently, went on to a bond hearing in front of a judge. We proved credible fear for our client, showing that his previous country was too dangerous to return to. The judge ruled in our favor, making our client bond eligible. He is now able to apply for asylum and begin the process of naturalization. Our former client now lives with his sponsor, a close family friend in New York. We’ve helped him pave the way for his journey to achieving citizenship, and it no longer seems as impossible to him as it once was. No matter how dire your circumstances may seem, New Frontier will find a way to fight for you, too. If you or someone you know needs our help, give us a call.

We recently helped one such client take those first important steps to naturalization. He was a young man from Sri Lanka who came to the U.S. seeking asylum. He left a dangerous situation in his country, and even though it meant saying goodbye to his family, it was a decision he had to make to protect his life. When he arrived in the U.S., he was detained and put through his initial interview about why he entered the country. Because this interview is often done rapidly and under duress, it’s common to request a new interview. We also filed a habeas petition in an effort to have our client released to his sponsor rather than remain in the detention center while he waited.



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