BIA
Sessions v. Dimaya: Relief at Last
Today, the Supreme Court ruled in Sessions v. Dimaya, that the crime of violence statute allowing removal of aggravated felons unconstitutional. This will have grave consequences for people currently in removal proceedings for “crimes of violence” and those with removal orders for these crimes. What is a “Crime of Violence” Aggravated Felony? The Immigration and…
Read MoreIs Immigration Reform Possible Even After Last Night’s Vote?
We all know that yesterday’s election results are very bad for immigration reform. After all, the last time we had a Democratic President with a Republican controlled Congress we witnesses the passage of IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act). Despite last night’s vote, President Obama vowed today that he will be using his…
Read MoreBoard Rules that Conditional Permanent Resident Admitted at POE Ineligible for 212(h) Waiver
The Board of Immigration Appeals ruled today that a conditional permanent resident admitted as such at a port of entry is ineligible for cancellation of removal since he was an aggravated felon. The Respondent in the case was a citizen of North Korea who was convicted of two crimes involving moral turpitude and an aggravated…
Read MoreBIA Issues Three Decisions Dealing with the Adam Walsh Act
The Board of Immigration Appeals issued three decision dealing with issues related to the Adam Walsh Act. The Adam Walsh Act prevents USCIS from approving any visa petition filed by a United States citizen if the Petitioner was convicted of a charge relating to the abuse of a minor. The Service could approve the petition…
Read MoreBoard of Immigration Appeals Holds that Admission of Conviction Might not Trigger Stop-Time Rule
I have been an advocate of changing the Supreme Court’s decision that removal proceedings are civil and not criminal. The main reason being my argument is the fact that criminal law has infiltrated removal proceedings since the criminal grounds for removal have been expanded by Congress on several occasions. One of the problems in removal proceedings…
Read MoreKnow Yourself Before Applying for An Immigration Benefit
I will be discussing the second case that I discussed in my last post. This case involved a Respondent with so many identities, that the court could not find out his true identity. In Singh v. Holder, a Respondent appealed the Board of Immigration Appeals‘ order affirming the immigration judge’s decision denying his application for…
Read MoreNinth Circuit Rules that Applicant Waived Her Application By not Adhering to Deadlines
In an decision issued earlier this month, the Ninth Circuit ruled that an applicant waived her applications for a waiver of inadmissibility and Withholding of Removal by failing to timely apply. The government placed Taggar in removal proceedings for being inadmissible under 8 U.S.C. § 1227(a)(1)(A). The government added additional charges under 8 U.S.C. § 1227(a)(1)(G)(ii) and 8 U.S.C. § 1227(a)(3)(B)(iii). She applied for Cancellation…
Read MoreEighth Circuit Upholds Denial of Adjustment of Status
Last week the Eighth Circuit upheld the Board of Immigration Appeals’ decision upholding the denial of an applicant’s adjustment of status application. Luis Garcia-Gonzalez was a native of Mexico and a lawful permanent resident. He was placed in removal proceedings for his 2005 conviction under 18 U.S.C. § 1962(d) for racketeering. He was placed in removal proceedings…
Read MoreSecond Circuit Reverses BIA’s Decision not to Reopen Removal Proceedings
This week the Second Circuit ruled that the BIA‘s decision to deny a Respondent’s Motion to Reopen removal proceedings was erroneous. The immigration judge had denied the respondent’s application for Cancellation of Removal since he allegedly did not show that he has met the ten years of continuous residence and that his removal would lead to…
Read MoreEighth Circuit Rules that Evidence Obtained through a Warrantless ICE Arrest is not Suppressible
The Eighth Circuit ruled this week that evidence of alienage obtained through a warrantless ICE search is not suppressible in removal proceedings. The petitioners were placed in removal proceedings and moved to suppress evidence of alienage under the Fourth Amendment‘s unreasonable search and seizure clause. They alleged in their affidavits that ICE agents barged into their home and…
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