The Eighth Circuit upheld the Board of Immigration Appeals’ conclusion that the petitioner’s conviction for the unauthorized use of Supplemental Nutrition Assistance Program (SNAP) benefits categorically involved fraud or deceit within the meaning of INA §101(a)(43)(M), and was thus an aggravated felony. https://cbocalbos.wordpress.com/tag/aggrvated-felony/ https://cbocalbos.wordpress.com/tag/aggravated-felony-bar/ https://cbocalbos.wordpress.com/tag/aggravated-felony/ https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/

DHS issued a notice that it is creating a parole program to allow certain family members of Filipino and Filipino-American World War II veterans to receive parole to come to the United States. Announced as part of the November 2014 executive actions on immigration, this program may enable eligible family members to provide support, care, …

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BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer did not establish that the job opportunity was open and available to all U.S. workers as required by 20 CFR §656.10(c)(8), where the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity. https://cbocalbos.wordpress.com/tag/perm-2/ https://cbocalbos.wordpress.com/tag/denial-of-perm/ https://cbocalbos.wordpress.com/tag/perm/ https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

The U.S. District Court for the Western District of Washington issued an order denying the plaintiffs’ motion for a temporary restraining order (TRO) against the State Department in the class action lawsuit regarding the October 2015 Visa Bulletin. The court’s order stated, “While the Court appreciates the confusion caused by the two Visa Bulletins published …

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BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer’s failure to advertise the option of free housing, despite the employer’s argument that the benefit was normal to the occupation and could have been assumed, was an omission of a material aspect of employment that would influence whether or not a U.S. worker …

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The Fifth Circuit vacated the Board of Immigration Appeals’ decision and remanded, finding that the petitioner’s misdemeanor conviction for the possession of marijuana within 1,000 feet of his high school (a “drug-free zone”) under Texas law satisfied the personal-use exception under INA §237(a)(2)(B)(i). https://cbocalbos.wordpress.com/tag/possession-crime/ https://cbocalbos.wordpress.com/tag/drug-charge/ https://cbocalbos.wordpress.com/tag/drug-crime/ https://californiaimmigration.us/drug-offense-removability-uphelod/

USCIS issued a notice that certain H-1B and L-1 petitions filed on or after October 1, 2015, should not include the additional filing fees of $2,000 or $2,250, often called “border security fees,” that were previously required by Public Law 111-230. The additional fees expired on September 30, 2015. All other H-1B and L-1 fees, …

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The Ninth Circuit dismissed the petition for review, holding that, pursuant to the jurisdiction-stripping provisions of INA §242(a)(2)(A), the court lacked jurisdiction to review the Immigration Judge’s affirmance of the asylum officer’s negative credible fear determination in the petitioner’s expedited removal proceedings. The court rejected the petitioner’s argument that the jurisdiction-stripping provisions unconstitutionally deprived the …

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The State Department released the Visa Bulletin for November 2015, including the availability of immigrant numbers for “Application Final Action Dates” (indicating when DOS or USCIS can make a decision on the applications) and “Dates for Filing Applications” (indicating when immigrant visa applicants should be notified to submit required documentation). There was no forward movement …

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The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by …

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Today, CBP released statistics on the number of use of force incidents that occurred between FY2011 and FY2015, broken down by fiscal year. The data, which reflects the application of the use of force by U.S. Border Patrol agents, CBP officers, and air interdiction agents, indicates that there were 768 use of force incidents in …

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The Eighth Circuit denied the petition for review, finding that the petitioner forfeited his right to a merits hearing on the charge of falsely representing himself as a U.S. citizen in violation of INA §237(a)(3)(D) when he failed to make a timely assertion of that right. As such, the court held that the petitioner’s arguments …

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BALCA affirmed the denial of certification where the employer listed the name of the president of the company, but not name of the employer, on the Notice of Filing (NOF). Rejecting the employer’s harmless error argument, BALCA stated that, without the employer’s name in the NOF, “a person attempting to provide information to the Certifying …

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USCIS announced that, approximately one week after DOS releases the Visa Bulletin each month, it will post an announcement on its website to inform adjustment of status applicants whether they can rely on the “filing dates” chart or the “final action dates” chart in the Visa Bulletin to determine when they can file their applications. …

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The First Circuit upheld the Board of Immigration Appeals, finding that the petitioner was not eligible for cancellation of removal, because he had failed to meet his burden of proving by a preponderance of the evidence that his 2006 assault conviction was not a “crime of domestic violence.” https://cbocalbos.wordpress.com/tag/cancellation-of-removal/ https://cbocalbos.wordpress.com/tag/special-cancellation-of-removal/ https://cbocalbos.wordpress.com/tag/cancellation-for-removal/ https://californiaimmigration.us/removal/