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101(a)(43)(E)(ii)

  • By: Ahmad Yakzan
  • Published: September 8, 2014

In a decision issued last week, the Ninth Circuit upheld the Attorney General's discretionary power to deny Adjustment of Status to violent criminals. The Respondent was denied Adjustment of Status, even though he was statutorily eligible, because he was conviction of a sexual abuse crime, which was determined to be a violent crime. An applicant convicted of a violent or…Read More

  • By: Ahmad Yakzan
  • Published: September 5, 2014

In a decision dated last month, the Seventh Circuit ruled that the Board of Immigration Appeals erred in relying on uncorroborated police reports to deny 212(c) relief. The Petitioner in the case was convicted in 1990 of a domestic abuse charge. He was subsequently arrested several times but was never convicted of anything else.  The immigration judge ruled that he…Read More

  • By: Ahmad Yakzan
  • Published: September 3, 2014

The Eleventh Circuit ruled today that a Respondent can not file a stand alone 212(h) waiver without an accompanying application for adjustment of status application.  Rivas applied for a waiver of inadmissibility nunc pro tunc after being placed in removal proceedings. He had applied for naturalization, but his application was denied since he had two larceny convictions in Florida. The…Read More

  • By: Ahmad Yakzan
  • Published: August 28, 2014

أصدر مجلس استئناف قرارات الهجره الأميركي قرارا يمنح حق اللجوء لضحايا التعنيف الاسري. وتحدرت المدعى عليها من غواتيمالا وكانت تتعرض للتعنيف من قبل زوجها بشكل اسبوعي. ولم تتلقى مساعدة من البوليس رغم طلبها للمساعدة عدة مرات. ولا يحسر القرار بطلبات الهجرة من غواتيمالا بل يمنح هذا الحق لكل طالبة لجوء تتحدر من أي بلد ينتشر فيه التعنيف ضد المرأة. لقراءة…Read More

  • By: Ahmad Yakzan
  • Published: August 27, 2014

The BIA issued a precedent decision ruling that Guatemalan victims of domestic violence qualify for Asylum. Visit http://www.justice.gov/eoir/vll/libindex.html.Read More

  • By: Ahmad Yakzan
  • Published: October 28, 2013

Last week, the Board of Immigration Appeals (BIA) ruled that the unlawful possession of ammunition by a felon under 8 USC 922(g) is an aggravated felony under the Act. In Matter of Oppedisano,  26 I&N Dec. 202 (BIA 2013), a native of Italy was admitted to the US as a permanent resident on September 9, 1973. Id. He was convicted…Read More

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