The Removal Process

We understand that the legal process and choosing an attorney can be overwhelming. It is the task of attorney Yale Martin Fishman to make this process as comfortable as possible for you.

Yale Martin Fishman is founder and associate attorney in the law office of Yale Fishman Associates and practices in the areas of family law and immigration. He started the firm after receiving her Juris Doctorate. Yale Fishman Attorney has several years of immigration and legal experience that he is eager to use to serve his NYC community.

In this article, Fishman puts his own take on the removal processes and some of the types of proceedings an immigration judge may preside over.

In a removal process, a person must appear for hearings before an immigration judge determines if the person can stay in the United States. Removal procedures begin when the government determines that a person does not have a valid immigration status or that a person has done something that threatens the valid immigration status.

Removal procedures begin when an immigration officer files with an immigration court a document called a “Notice to Appear,” which includes the allegations against a particular person.

The government must verify the allegations used to argue the expulsion. If the person subpoenaed to court does not attend the hearing, the immigration judge will most likely grant the government's request to expel the person in question.

Removal processes begin with an initial hearing known as a “master calendar hearing.” (A person may have multiple master calendar hearings.) At the master calendar hearing, the defendant who faces the removal process must accept or deny the charges imposed by the government against him or her. The defendant will also have the opportunity to identify options such as asylum, adjustment of status, or cancellation of removal to avoid deportation.

The next hearing known as the “merit hearing,” is generally scheduled during the “master calendar hearing.” The master calendar hearing is generally very short, but the defendant may submit additional information to the motion or application that he filed during the master calendar hearing up to fifteen days before the merits hearing.

The merits hearing is a long and complex hearing where an immigration judge listens to the defendant's testimony and reviews the evidence, documentation presented, and legal arguments to make a decision about motions or applications filed with the court.

The dedication and persistence of attorney Yale Martin Fishman allows him to fight for his clients to achieve the best possible results. As a successful immigration and family law practitioner, Fishman expanded his practice to include bankruptcies and criminal cases. Experienced attorney Yale Martin Fishman founded the firm allowing for a broader range of services. Yale Fishman Attorney also understands that each client's situation is different and offers different services and payment plans.

Legal Advice on Workplace Harassment

Every employee deserves to work in a safe environment. In fact, harassment based on any protected characteristics that create an unsafe working environment is prohibited by law. Sadly, this does not prevent all employees or employers from taking part in various forms of harassment. That means, some workplaces can be hostile or even dangerous environments where people don't feel safe or comfortable doing their job. If you have faced harassment in the workplace which makes it difficult for you to do your job, Yale Fishman attorney can help.

Washington and Brussels Can’t Reach an Agreement Over Steel Trade Tariffs

This spring, American President Donald Trump commissioned an analysis of the effects of steel imports on U.S. national security. The purpose of this analyzes is to determine whether imported steel impairs the country's national, economic or military security. According to the official statistic issued by the World Steel Association, China is the world's largest steel producer (49.6 percent from 1,630 million tons which was 2016 world production). The European Union produced 9.9 percent of the world production, NAFTA countries (the U.S and Canada) 6.7 percent, and Japan 6.4 percent.

Yale Fishman, adviser and senior lawyer in Yale Fishman Associates has been following the top import sources for years now. As he explains, the largest net exporter of steel is China, which last year exported 94.5 million tons more than it imported. China's total exports amounted to 108.1 million tons, which means that China’s imports are absolutely minimal.

Story behind whistleblowers in the US, by Yale Fishman Associates

Fighting corruption and similar forms of crime is an extremely difficult challenge for the institutions aimed at its eradication. Officials from Yale Fishman Associates say that there are some difficult ways and methods these perpetrators use, that even when found, another challenge is to prove their existence. Hence, came the great importance of whistleblowers in this fight. Perhaps, the information that these people can offer to the investigation nobody else possesses, and may be critical to the discovery and proof of a crime.

In short, Fishman Associates defines these people as "persons who report or disclose information about a threat or violation to/of the public interest in the context of their employment, regardless of the public or private sector."

Previous cases in which Yale Fishman was present have failed to prove illegal activities due to fear, and even before a new law to protect whistleblowers was adopted, the situation was even worse. So, for several years the state has committed to protect the whistleblowers in the fight against corruption, thereby receiving considerable support from the citizens.

ESPP for Economic Operators

ESPP can implement the following procedures for public contracts: a procedure for auction, whether it is an open procedure or a restricted procedure. When carrying out the procedure for a public contract via the EPPS, Fishman Associates advise all procedures (publication of a contract notice and auction documents, submission of auctions, public evaluation, decision making, information on decisions, communication with economic operators) to be implemented electronically. At the same time, everybody can conduct an electronic auction through the ESPP. Yale Fishman Associates then says that a competitive dialogue procedure and the negotiated procedure with prior publication of a contract notice might be worked out and in case of competition by economic operators a framework agreement can be created.

The system is implemented along with improvements and innovations regarding: mandatory publication of a notice and auction for supplies above $50.000 dollars; implementation of the module of negative references of bidders or economic operators that have low quality and perform badly in timely manners or public contracts; module for publishing the technical dialogue - when contracts are the object of purchase with an estimated value exceeding $130,000 dollars for goods and services; introduction of a qualification system for specific manner working with public contracts in the sector contracting and publication of advertisements for concessions and public-private partnerships.

Trademarks and Trademarks Laws

Yale Fishman Associates is one of NYC’S finest legal firms. As they explain, a trademark is any word, name, symbol, or design, or even a combination of those, which is used in commerce with the purpose to identify and distinguish goods of a manufacturer or seller, and to indicate the source of those goods.

Trademarks protect companies’ names and identify their marks of products. Their main purpose is to make it easy for the consumer to distinguish competitors. Once a business starts using a certain mark to identify its company, a trademark is automatically assumed. So instead of reading the label, consumers can look for the trademark. For example, rather than asking a store sells who made a certain show, consumers can look for the identifying symbols.

Although as Yale Fishman Associates' list states, almost all trademarks are words, phrases, logos or symbols, it is also possible that shapes, sounds, fragrances or colors are registered as trademarks. Recently, the trademark law also included trade dress and antidilution protection. For example, the unique shape of a Coca-Cola bottle might serve as identifying features, and that feature falls generally under the term trade dress. But Fishman's Associates add that trade dress can be only protected if consumers associate that feature with a manufacturer and not a product in general.

Trademarks are governed by both state and federal law. There are two basic requirements that need to be met in order for a mark to be eligible for trademark protection. Yale Fishman Associates inform that it must be in use in commerce and it must be distinctive. The first requirement for use in commerce is found on the basis that trademark law is constitutionally grounded in the congressional power to regulate interstate commerce. Thus, if a mark is not in use in commerce, registration may still be permitted if the applicant is able to establish in writing his intent to use the mark in commerce at a future date. The second requirement for distinction applies to a trademark's capacity for identifying and distinguishing particular good and distinguishing that good from other producer or source.

Yale Fishman: Motivation

Every human being tends to please, but firstly tries to avoid pain. Yale Fishman, attorney from New York explains that motivation is the crucial element in setting and attaining goals. Almost all high-achievers are marked by a strong motive to achieve. In fact when we want to motivate someone, we want him to go in the direction which suits us, and the best way to achieve this is to provide a framework in which the desired results need to be accomplished. In case there are no visible results, it is time to apply a different, but always right method. A proper method is one that works, while the ability to motivate is a quality trait of successful businessman.

According to Yale Fishman and his Associates - discipline isn’t the key element to achieving goals, and motivation and focus are the foundation of success and achievement. Both internal and external factors stimulate desire and energy in people to be interested in the long run and develop a commitment or an effort to attain a certain goal.

In order to understand the process of motivation, and be able to determine the moment when reward as motivation gives real results, we need to go back to the beginning. When we want someone's behavior to be directed towards meeting this goal, especially when we get to determine the goal, first and foremost we need to answer this person’s basic question "what's in it for me"? Throughout their years in business, Yale Fishman Associates have come to the realization that the best way to motivate people is to satisfy their unmet needs. However, most often these needs are different and difficult to predict, and therefore a reward system is a great way to encourage them towards the desired behavior.

Today there are many theories about the human’s needs and its hierarchy of evolution. Each of these theories or concepts agree on one things, and that is that only when you fulfill some of the lower or smaller needs, you can strive towards satisfying your bigger or higher needs. External motivation requires someone else like a manager, management, or system to motivate us with the help of bonuses, raises, praise, promotion, punishment or criticism. However, Fishman stresses that this external motivation has a limited life span, and it is necessary to be constantly renewed.

Instead, the best and most lasting motivation comes from within, and that I the internal self-motivation. It implies responsibility, freedom of action, development opportunities, interesting work, challenges, and opportunities for advancement. Unlike the external motivation, internal motivation has a long-lasting effect.