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…

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Signature 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…

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Hablamos 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…

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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…

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Caribbean 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…

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Don’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…

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Asylum 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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