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.

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.