Getting into the U.S. is not an ‘admission’ if under family unity.

In a precedent decision, the BIA reaffirmed Matter of Reza, holding that the respondent did not meet the statutory seven-year residency requirement, because acceptance into the Family Unity Program (FUP) does not constitute an admission into the United States under INA §101(a)(13)(A). Likewise, the Ninth Circuit denied a petition for review, deferring to the BIA’s …

Read more

What is a ‘controlled substance’ for removal purposes

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

From Somalia? Get TPS

DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.

Grand Theft is not an aggravated felony?

The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, …

Read more

Are you detained if in ICE detention for criminal purposes?

The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all …

Read more

H-4 dependant spouses may now work under certain circumstances

USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue …

Read more

DAPA Rallies

NBC News reports that over 30 rallies, marches, and events are taking place across the country today as part of a national day of action to push for the implementation of DAPA. Had the program not been temporarily enjoined, undocumented parents of U.S. citizens or LPRs could have begun applying for temporary deportation relief and …

Read more

Contact Form