Make sure to file BIA Appeal on Time
The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.
Sua Sponte Reopening
The Ninth Circuit granted in part and denied in part the petition for review, holding that petitioner’s ineffective assistance of counsel claim did not warrant equitable tolling of the limitations period for his untimely filed motion to reopen. However, the court also found that the BIA’s decision declining to exercise its sua sponte authority to …
Don’t claim to be a USC!
In a precedent decision issued today, the BIA held that a false claim to U.S. citizenship falls within the scope of INA §212(a)(6)(C)(ii)(I) where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the INA or any other federal or state …
Expanded Provisional Waiver
DHS will publish in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This final rule adopts the proposed …
Release on Bond for Reinstated Removal Order
The Second Circuit affirmed the district court, finding that a reinstated removal order is not final during the pendency of withholding-only proceedings, and thus, the detention of individuals with reinstated orders of removal and in withholding-only proceedings is governed by INA §236(a), which permits release on bond. https://cbocalbos.wordpress.com/tag/bond/ https://cbocalbos.wordpress.com/tag/bond-hearing/ https://cbocalbos.wordpress.com/tag/bond-hearings/ https://californiaimmigration.us/removal/judicial-review/
BIA Overturned
The Fifth Circuit granted the petition for review of the denial of the Ethiopian petitioner’s application for asylum and withholding of removal, finding that the BIA failed to consider several factors essential to determining whether one central reason for the Ethiopian government’s detention and maltreatment of the petitioner was persecution on account of a protected …
Denial of Asylum to Chinese Applicant
The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
MTR can be equitable Tolled
The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties …
Crime of Violence VOID for vagueness
The Sixth Circuit granted the petition for review, concluding that the U.S. Supreme Court’s decision in Johnson v. United States, which held that the Armed Career Criminal Act’s residual definition of “violent felony” was void for vagueness, applied to the INA’s parallel definition of “crime of violence.” The court thus held that INA §101(a)(43)(F)’s residual …
Assault found not to be a CMT
Applying the U.S. Supreme Court’s decision in Mathis v. United States, the Fifth Circuitvacated the BIA’s judgment and remanded, holding that the petitioner’s prior Texas misdemeanor assault conviction did not qualify as a “crime involving moral turpitude” that rendered him ineligible for cancellation of removal. https://cbocalbos.wordpress.com/tag/assault/ https://cbocalbos.wordpress.com/tag/conviction-for-assault-with-a-deadly-weapon/ https://cbocalbos.wordpress.com/tag/crime-moral-turpitude/ https://californiaimmigration.us/los-angeles-deportation-law-firm/removability-grounds-are-many-when-you-are-a-green-card-holder-get-a-deportation-attorney-tho-help-you/
Rehearing Requested in Supreme Court Case
The DOJ filed a petition for rehearing with the U.S. Supreme Court in United States v. Texas, asking the Court to rehear the case when a ninth Supreme Court justice is confirmed. Last month, the Court deadlocked with a 4-4 tie in the case, which concerns President Obama’s expanded DACA and DAPA programs. https://cbocalbos.wordpress.com/tag/petition-for-rehearing/ https://cbocalbos.wordpress.com/tag/rehearing/ …
Trying to petition a domestic worker?
DOS released a cable stating that, effective immediately, all contracts for domestic workers must state an hourly wage to be paid to the worker, and the rate must be the greater of the minimum wage under U.S. federal, state, or local law. Consular officers will no longer be required to compare the prevailing wage and …
Equitable tolling of Motion to Reopen
The Fifth Circuit remanded the petition to the Board of Immigration Appeals to determine if equitable tolling is appropriate in Mr. Lugo-Resendez’ case. Importantly, the Court instructed the Board not to apply the test “too harshly,” noting the difficulties faced by deported immigrants who may be “poor, uneducated, unskilled in the English language, and effectively …
H2A electronic approvals
Beginning on May 11, 2016, USCIS will use a new process to send electronic approval information for H-2A petitions to DOS by the end of the next business day, in place of a Form I-797 approval notice. Consular posts can then process an H-2A nonimmigrant visa application and conduct any required interview. Coinciding with the …
Filipino War Veterans
In a notice published today in the Federal Register, USCIS announced the implementation of the Filipino World War II Veterans Parole (FWVP) policy, which was announced in a July 2015 White House report on modernizing and streamlining the immigration system. Starting on June 8, 2016, USCIS will allow certain Filipino World War II veteran family …