ICE announces that two VA business owners were sentenced for hiring and harboring undocumented individuals

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ICE press release announcing that two Virginia business owners of Hi-Tech Trucking and SeaLand Foods, were sentenced to 18 months in prison, two years probation, and forfeiture of $1.2 million, for their roles in hiring and harboring undocumented individuals.

Limitations on Adjustment of Status for K-1 Visas

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Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)

IJ’s decision to terminate proceedings resulted in no final order of removal

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The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)

Jurisdiction to review the BIA’s decision on a Motion to Reopen

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The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Distribution of “Chemicals” is an aggravated felony drug trafficking crime

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The court held that a conviction for distributing ephedrine and pseudoephedrine with reasonable cause to believe they would be used to manufacture methamphetamine under 21 USC §841(c)(2) is an aggravated felony drug trafficking crime. (Daas v. Holder, 8/24/10)

Under Nevada laws assault with a deadly weapon is a crime of violence

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The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)

Reopening an in absentia order that demonstrate exceptional circumstances

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The court found that the BIA erred in holding that aliens seeking discretionary relief can effectively never demonstrate exceptional circumstances for reopening an in absentia order, and adopted a totality of the circumstances approach. (Vukmirovic v. Holder, 9/8/10)

Mexican National sentenced to 64 months in federal prison

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ICE press release announcing that Mario Ruiz-Toledo was sentenced to 64 months in federal prison for unlawfully returning to the U.S. after being deported, and eight years in state prison for burglary. The release includes information on the removal process for Ruiz-Toledo.

Aggravated Felony of “sexual abuse of a minor”

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The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)

USCIS executive stakeholders meeting on Form I-9

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USCIS executive summary issued from the 11/02/10 Verification Division stakeholders meeting on Form I-9. USCIS indicated that it will be drafting a Notice of Proposed Rulemaking (NPRM) for the Form I-9 and gave stakeholders an opportunity to comment on the Form I-9 process.

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