Eleventh Circuit Rules that Delivering a Controlled Substance is An Aggravated Felony barring Naturalization

The Eleventh Circuit recently ruled that a Washington Conviction of Administering a Controlled Substance is an aggravated felony barring naturalization. The Decision is Bourtzakis v. US Atty. Gen.  What is Naturalization? Naturalization is the process under which a lawful permanent resident becomes a naturalized citizen of the United States. There are several requirements including: Meeting…

Read More

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 More

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…

Read More

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…

Read More

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 More

Case Note: Jennings v. Rodriguez

Yesterday, the legal community, and immigration advocates especially, were shocked by the Supreme Court’s decision in Jennings v. Rodriguez. The Supreme Court ruled that arriving aliens do not have the right to periodic bond hearings to assess the conditions of their detainment. I will sum up the plurality’s opinion in this post. The decision is…

Read More

Fidel Castro is Dead, now what?

I was stunned this morning From hearing that Fidel Castro’s dead. The relationships between the United States and Cuba nation have been thawing recently. They are election of Donald Trump and the death of Fidel Castro are definitely going to change US -Cuba relations for the long-term. Obama promised that the embargo would be lifted…

Read More