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 is the process under which…Read More
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 fault of their own, a…Read More
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 criminal history. He was convicted of…Read More
[vc_row][vc_column][vc_row_inner el_class="container"][vc_column_inner][vc_column_text] 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 Board reached this seminal…Read More
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 citizens about his suspicions because…Read More
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 Nationality Act includes a list…Read More
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 skill levels, racial composition, language…Read More
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 without consulting an attorney.…Read More
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 convicted of aggravated fleeing under Florida…Read More
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 police because he participated in…Read More
