Board of Immigration Appeals
BIA Holds that a Fraudulently Obtained Certificate of Naturalization Does not Confer Citizenship
In a decision issued last month, the Board of Immigration Appeals ruled that a fraudulently obtained certificate of citizenship does not confer United States citizenship. The Board also held that Section 237(a)(3)(D)(i) of the Act does not require knowledge that the immigrant knew that the certificate was fraudulent to be deportable. What is Naturalization? Naturalization…
Read MoreSignature on Forms is Enough to Prove Misrepresentation
I have counseled numerous clients regarding previous lies to immigration. I refuse to represent anyone who enters into a fraudulent marriage. Immigration fraud could land you in removal proceedings. However, I have represented many clients who were asked to file waivers for misrepresentation. Sometimes I believe that the government is overreaching. However, sometimes, through no…
Read MoreEleventh Circuit Says that Florida’s Possession Statute Is a Deportable Offense
The Eleventh Circuit has ruled that some convictions under Florida’s possession statute are deportable offenses. The court ruled that the statute was divisible, necessitating a look at the substance a determination of the substance involved. The case is Guillen v. U.S. Atty. Gen. The Facts in Guillen Guillen is a lawful permanent resident with a…
Read MoreSessions’ Domestic Violence Decision is Inhumane and Should Be Reversed
Attorney General Jeff Sessions has just dealt a major blow to asylum seekers in the United States. Today, he reversed the Board’s precedent decision in Matter of A-R-C-G, 26 I&N Dec. 338 (BIA 2014), allowing victims of domestic violence to qualify for asylum. In a case that was litigated for over a decade, the…
Read MoreHablamos Espanol? Welcome to Removal Proceedings!
I saw, with a real sense of disgust, the videos that have circulated recently on the internet. First, I saw the video of the attorney, who has taken an oath to protect rights, rail at a restaurant because other patrons were speaking Spanish. Second, I saw the Border Patrol agent speak to two United States…
Read MoreSessions 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 MoreCaribbean Immigrants in the United States
In 2014, approximately 4 million immigrants from the Caribbean resided in the United States, accounting for 9 percent of the nation’s 42.4 million immigrants. More than 90 percent of Caribbean immigrants came from five countries: Cuba, the Dominican Republic, Jamaica, Haiti, and Trinidad and Tobago (see Table 1). Immigrants from the Caribbean vary in their…
Read MoreThree reasons that should lead you to hire an immigration attorney
I have been practicing immigration law exclusively since before I passed the Florida Bar (under the supervision of a licensed attorney). I have seen this scenario more times than I care to admit.A client comes into my office for a consultation. I find out that the client had already filed a petition on his/her own…
Read MoreDon’t Run Away from Cops!
Thinking about running away from the cops? If you are an immigrant, you should think twice before you do . The Eleventh Circuit ruled recently that aggravated fleeing under Florida Statute 316.1935(4)(a) is an aggravated felony for immigration purposes. The Respondent appealed the Board’s decision upholding the immigration judge’s decision ordering his removal. He was…
Read MoreAsylum Applicants can Prove Nationality by Testimony
In a decision that should help stateless asylum applicants, the Second Circuit ruled that asylum applicants can prove their citizenship through testimonial evidence. The applicant in that case was a stateless Tibetan who was born in Nepal. He was severely beaten by Nepalese Maoists for refusing to join them. He was also beaten by the…
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