Tenth Circuit: Nunc Pro Tunc Sentence Reduction Does Not Cure 180-Day Confinement Bar

http://ow.ly/xN4kp he Tenth Circuit upheld the BIA’s conclusion that the petitioner could not establish the requisite good moral character for cancellation of removal because he had already served a lawful period of confinement in excess of 180 days as a result of a conviction, and the nunc pro tunc order shortening the sentence did not …

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TPS Grant Renders an Entrant Without Inspection Inspected and Admitted Under INA 245(a)

http://www.californiaimmigration.us The U.S. district court in Washington state granted the plaintiff’s motion for summary judgment, finding that even though the plaintiff had entered without inspection, his subsequent grant of Temporary Protected Status (TPS) rendered him “inspected and admitted” into the U.S. for purposes of INA §245(a).

NY Times: Pentagon Plan to Let Undocumented Youth Enlist Delayed by White House

http://www.californiaimmigration.us The New York Times reports that a Pentagon plan to allow a small number of young immigrants who grew up in the United States without legal status to enlist in the military has been delayed by the White House, to avoid any conflict with House Republicans considering whether to move on immigration legislation

http://ow.ly/xlWAk Section 402(a)(2) of

http://ow.ly/xlWAk Section 402(a)(2) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 622, which bars the approval of a family-based visa petition filed by a petitioner who has been convicted of a “specified offense against a minor” and has not shown that he poses “no risk” …

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BIA Lacks Jurisdiction to Review USCIS No-Risk Determinations Under the Adam Walsh Act

http://ow.ly/xlVmp In adjudicating cases involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the Board of Immigration Appeals lacks jurisdiction to review a “no risk” determination by the United States Citizenship and Immigration Services, including the appropriate standard of proof to be applied.

Ninth Circuit Broadens Changed Country Conditions Exception for Untimely Motions to Reopen

http://ow.ly/x1qOp The Ninth Circuit joined the Sixth, Seventh, and Eleventh Circuits in holding that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances.

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