Judge Approves Asylum Clock Class Action Suit

Last week, a federal judge approved a settlement agreement in a law suit challenging EOIR and USCIS procedures regarding the asylum clock. The lawsuit challenged the procedures used by the two governmental agencies since, among other things, they did not give notice that the asylum clock was stopped. Under the law and  the regulations, the applicant could become…

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Eleventh Circuit rules that Florida Statute 893.13 is not An Aggravated Felony

Last week, the Eleventh Circuit ruled that Florida Statute 893.013(1)(a)(2) is not an aggravated felony under the Immigration and Naturalization Act. The respondent was placed in removal proceedings as an aggravated felon for his conviction under the statute. At the individual hearing, the respondent challenged his designation as an aggravated felon and the immigration judge ordered his removal.…

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Suppressing Evidence in Removal Proceedings

One of the biggest problems in removal proceedings is the limited circumstances under which a respondent could challenge the government’s evidence. Usually the Service tries to introduce unreliable evidence to support the respondent’s deportability. I have had several cases when the government tried t o introduce hearsay statements from unnamed sources. The problem is that the…

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Litigating Petitions that might be Barred under the Adam Walsh Act

The Adam Walsh Act Child Protection and Safety Act aims to protect minors from sexual exploitation. Section 402  of the Act meets that goal by preventing a United States citizen or a lawful permanent resident from petitioning for an immigration visa if he has been convicted of a sex crime relating to a minor. The Act…

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Fifth Circuit Rules that VAWA Does Not Trump K-1 Bar

The Fifth Circuit ruled last week that the approval of a VAWA petition does not trump the K visa bar. Le v. US Atty Gen. Under the Act, a person who enters the United States as a fiancé may not adjust her status except through marriage to the Petitioner. Le came the United States pursuant to…

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Fifth Circuit Rules that Expedited Removal Applies to All Aliens

In a decision issued last week, the Fifth Circuit Court of Appeals ruled that expedited removal under INA 238 applies to all aliens. INA 238 allows the expedited removal of any alien who is confined in a correctional institution and convicted of an aggravated felony. Under the statute the Department of Homeland Security must issue a…

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First Circuit Invalidates Post-Departure Bar

The First Circuit ruled last week that the post-departure rule is unconstitutional. The Post-departure bars applies to Motions to Reopen filed after the alien has been deported. Under the pertinent regulations, the motion has to be filed within 90 days of an administrative decision. The BIA has limited the alien’s ability to file such motions…

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Eighth Circuit Rules that Witness Tampering is an Aggravated Felony

In a decision issued last month, the Eighth Circuit ruled that Nebraska’s witness tampering statute is an aggravated felony under the Act and is thus a deportable offense. In Lugunas, the alien was convicted of witness tampering under Nebraska’s witness tampering statute. He was placed in removal proceedings and charged with being deportable for committing…

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