CA1 dismisses argument for consideration of inre magna exception
INRE Magna Exception. The court dismisses argument that the BIA had to remand to allow the IJ to consider whether failing to recognize the petitioner’s annulled first marriage would be unjust. Also finds there was substantial evidence to support the conclusion that a subsequent I-130, based on a second marriage, was not approvable when filed. …
The Court Grants Petition, Vacates BIA Decision and Remands
Court grants petition, vacates BIA decision and remands. Finds that once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should have remanded the case to allow the Immigration Judge to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, …
Immigration Law Firm Indicted for Conspiracy
Immigration Law Firm for Conspiracy The U.S. District Court for the District Court of Utah, Central Division, Issued an summon of the Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. A prominent immigration law firm for conspiracy to commit fraud. The firm, which has been in business for over …
CA6 Evidence as Sufficient Supports the IJ’s Ruling
The court finds that the petitioner’s removability was established by clear and convincing CA6 evidence sufficient supports, as sufficient evidence supports the IJ’s ruling that the petitioner entered into a fraudulent marriage for the purpose of gaining lawful admission into the U.S. (King v. Holder, 6/29/09). Jurisprudence teaches us that for circumstantial evidence to be …
ICE identifies additional detention deaths
U.S. Immigration and Customs Enforcement (ICE) has completed an internal review of records relatedto individuals who have died in its custody and identified additional deaths that were notpreviously included on its official list. This review found 10 previously unlisted deathsthat occurred between fiscal years 2004 and 2007. What the Agency Says ICE’s Enforcement and …
ICE detainee passes away at Florida hospital
ICE detainee at Florida Hospital. On Aug. 14, 2009, Huluf Guangule Negusse, a 24-year-old Ethiopian national being held with a final order of removal pending. The receipt of his travel documents, passed away at Tallahassee Memorial Hospital in Florida. A 51-year-old immigration detainee died Sunday at a Palm Beach County hospital after testing positive for …
USCIS updates FY 2010 H-1B and H-2B count (Updated 8/19/09)
H-1B and H2B USCIS Updates. As of August 14, 2009, approximately 45,000 H-1B cap-subject petitions and counted towards the H-1B cap. Approximately 20,000 petitions qualifying, USCIS will continue to accept both cap-subject petitions and advanced degree appeal until a enough number of H-1B. In addition, USCIS has received 8,974 H-2B petitions for the first half …
CBP begins construction on SBInet technology on the northern border
Construction on SBInet Technology. U.S. Customs and Border Protection will begin construction today on the deployment of eight Remote Video Surveillance Systems in the Detroit Sector. This work is part of CBP’s initiative to enhance the use of technology in identifying and countering illegal cross-border activity. The Northern Border Project will use technology already in …
DHS Published a Notice to Amend its Regulations
On 8/19/09 Department of Homeland Security (DHS) published a notice proposing to amend its regulations by rescinding amendments relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters. Comments are due 9/18/09. This final rule explains how USCIS will provide notices to applicants, petitioners or requestors. It also …
Bay area sham marriage broker sentenced to 19months in prison
Marriage broker sentenced to 19months. On 8/18/09 ICE announced that Kwan Tsoi was sentenced to 19 months in prison, and a $250,000 fine for arranging fake marriages so that her clients could obtain immigration benefits. According to court records and proceedings, Tsoi admitted that she was the leader of a conspiracy that between February 2007 …
Houston Immigration Attorney was Convicted and Sentenced
ICE announced that Kenneth Rothey, a Houston immigration attorney was convicted and sentenced on 8/18/09 for money laundering and conspiring to engage in visa fraud. Rothey and members of his firm prepared and presented fraudulent petitions and supporting documents on behalf of their clients to the former Immigration and Naturalization Service. The indictment alleges Alanis, …
Religious Worker Deadline
The court’s order in Ruiz-Diaz v. United States, No. CO-71881RSL (W.D. Wash. June 11, 2009). Applications for adjustment of status must be filed by August 31, 2009. This deadline applies to those applicants who had Form I-360 religious worker immigrant petitions pending as of June 11, 2009. Additionally, it applies to those who have accrued …
Undocumented Individuals: Next Steps, Options & Court Deadlines
Options for undocumented individuals in California An experienced immigration lawyer for undocumented individuals can review risks, explain waivers like the I-601A provisional waiver, and map safe next steps. Many people live in the U.S. without a current immigration status. However, several legal paths may still be available depending on family ties, fear of harm, work …