On rehearing, the First Circuit vacated the BIA’s decision and remanded, holding that under Moncrieffe v. Holder the petitioner’s 2006 Maine conviction for assault was not a “crime of violence,” and thus, the petitioner was eligible to seek cancellation of removal. https://atomic-temporary-10880024.wpcomstaging.com/tag/assault/ https://atomic-temporary-10880024.wpcomstaging.com/tag/conviction-for-assault-with-a-deadly-weapon/ https://atomic-temporary-10880024.wpcomstaging.com/tag/moncrieffe/ https://californiaimmigration.us/waivers/criminal-waiver-of-inadmissibility-prepared-by-immigration-lawyer/

In a non precedent decision, the AAO held that the petitioner, a judo athlete transitioning his career from competing to coaching, met the burden of proof necessary to establish his eligibility as an individual “of extraordinary ability” in athletics pursuant to INA §203(b)(1)(A). https://atomic-temporary-10880024.wpcomstaging.com/tag/aao/ https://atomic-temporary-10880024.wpcomstaging.com/tag/administrative-appeals-office-aao/ https://atomic-temporary-10880024.wpcomstaging.com/tag/office-of-administrative-appeals-aao/ https://californiaimmigration.us/aao-finds-profession-of-%e2%80%9ccomputer-software-engineer%e2%80%9d-does-not-require-specified-field-of-study-for-bachelor%e2%80%99s-degree/

The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good moral character as a “habitual drunkard.” The court remanded, holding that the petitioner could bring an equal protection challenge because there is no rational basis to classify persons afflicted by …

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The First Circuit concluded that the BIA abused its discretion when it found that the circumstances attendant to the entry of an in absentia removal order against a young undocumented immigrant who was ill-served by two attorneys were not exceptional. Accordingly, the court remanded to the BIA with instructions to set aside the in absentia removal order …

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I-9 form has changed for employers, but you can continue to use the old I-9 form for a few more months before the new form is in effect. https://cbocalbos.wordpress.com/tag/form-i-9/ https://cbocalbos.wordpress.com/tag/form-i-9-employment-eligibility-verification-2/ https://cbocalbos.wordpress.com/tag/i-9/ https://californiaimmigration.us/a-los-angeles-immigration-attorney-can-help-with-all-your-immigration-needs/

Where recruitment expired on a Saturday but the PERM application filed by mail was not received until Monday, BALCA overturned the Certifying Officer’s denial of the labor certification, finding that sufficient documentation was submitted to prove the date of mailing, and thus that the PERM application was timely filed. https://cbocalbos.wordpress.com/tag/balca/ https://cbocalbos.wordpress.com/tag/balca-denial/ https://cbocalbos.wordpress.com/tag/balca-remanded-the-case-for-certification/ https://californiaimmigration.us/balca-affirms-denial-based-on-lack-of-proof-of-job-order/

The Sixth Circuit found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner, who claimed that her Christian beliefs would subject her to persecution if she was removed to China, had not presented evidence or any argument that would compel a reasonable adjudicator to disagree with the IJ’s finding. The court …

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DHS Secretary Jeh Johnson authorized new terrorism-related inadmissibility grounds (TRIG) exemptions covering a number of groups. https://cbocalbos.wordpress.com/tag/dhs/ https://cbocalbos.wordpress.com/tag/acting-dhs-secretary/ https://californiaimmigration.us/central-american-minor-kids-program-opened/ https://cbocalbos.wordpress.com/tag/department-of-homeland-security-dhs/

As a matter of first impression, the Ninth Circuit held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional circumstances. Accordingly, the court upheld the BIA’s denial of the motion to reopen to rescind the in absentia removal order entered against the petitioner, whose car had broken down on …

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Where the petitioner contended that his removal to Mexico would result in his death at the hands of the notorious La Linea drug cartel, the Seventh Circuit remanded the case to the BIA for reconsideration of the petitioner’s eligibility for deferral of removal under the Convention Against Torture (CAT). The court concluded that the petitioner appeared to …

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The Seventh Circuit affirmed the grant of a preliminary injunction against the state of Indiana’s attempt to withhold funds from a private agency that assists in the resettlement of refugees, including Syrian refugees. The court rejected the governor of Indiana’s brief asserting that “the State’s compelling interest in protecting its residents from the well-documented threat of terrorists …

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USCIS announced that it has updated the information for the EB-5 Regional Center (EB-5) and EB-4 Non-Minister Special Immigrant Religious Worker (SR visa) programs in its Adjustment of Status Filing Charts for the October 2016 Visa Bulletin, after President Obama signed Public Law 114-223 on September 29, 2016. DOS also issued a cable on the extension of the EB-5, SR visa, …

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Due to Hurricane Matthew, several USCIS field offices and application support centers in Florida and South Carolina will be closed today and tomorrow. https://cbocalbos.wordpress.com/tag/hurricane-matthew/ https://cbocalbos.wordpress.com/tag/uscis/ https://cbocalbos.wordpress.com/tag/uscis-dallas-lockbox/ https://californiaimmigration.us/uscis-provides-fy-2022-h-1b-cap-season-updates/

The Seventh Circuit denied the petition for review, holding that the petitioner was afforded due process, because the IJ fully complied with the statutory requirement of INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to secure representation. https://cbocalbos.wordpress.com/tag/board-of-immigration-appeals/ https://cbocalbos.wordpress.com/tag/due-process/ https://cbocalbos.wordpress.com/tag/iac/ https://californiaimmigration.us/uscis-may-reopen-h-1b-petitions-denied-under-three-rescinded-policy-memos/

BALCA affirmed the Certifying Officer’s denial of the labor certification, finding that the employer filed two PERM applications with “substantially comparable job duties,” and holding that an employer may not file a new PERM application for the same foreign worker for the same job opportunity when the first application is pending BALCA review. https://cbocalbos.wordpress.com/tag/labor-certification/ https://cbocalbos.wordpress.com/tag/board-of-alien-labor-certification-appeals-balca/ https://cbocalbos.wordpress.com/tag/perm-labor-certification/ …

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