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Blog Posts in July, 2010

31 results found. Viewing page 1 of 2. Go to page 1 2   Next

Law Offices of Ricky Malik, P.C. now on Twitter! Follow us at rmlegal

Law Offices of Ricky Malik, P.C. now on Twitter! Follow us: www.twitter.com/rmlegal We will tweet you.
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Will you get fired if your EAD (work permit) expires and you have TPS or DED?

The U.S. Department of Justice's Civil Rights Division's Office of Special Counsel for Immigration-Related Unfair Employment Practices (quite a mouthful) released information pertaining to recent ...
Continue reading "Will you get fired if your EAD (work permit) expires and you have TPS or DED?" »

4th Circuit Court of Appeals holds 245(i) does not waive 212(a)(9)(C)(i)(I)'s reentry after unlawfully present for 1 year bar

The Fourth Circuit Court of Appeals joined the Second and Sixth Circuit to affirm the Board of Immigration Appeals' decision in Matter of Briones, 24 I&N Dec. 355 (BIA 2007). The Fourth Circuit ...
Continue reading "4th Circuit Court of Appeals holds 245(i) does not waive 212(a)(9)(C)(i)(I)'s reentry after unlawfully present for 1 year bar" »

BIA on Sentence "actually imposed": suspended execution of sentence vs imposition of sentence suspended

All too often any criminal sentence imposed is considered the actual punishment in the Immigration context. The Board of Immigration Appeals addressed this issue 15 years ago in Matter of Esposito, 21 ...
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Supreme Court addresses Coram Nobis & All Writs Act (Post Conviction Relief)

"The writ of coram nobis is an ancient common-law remedy designed "to correct errors of fact." United States v. Morgan, 346 U. S. 502, 507 (1954). In American jurisprudence the precise contours of ...
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BIA on Admission: Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010). Need only prove procedural regularity

It seems that this decision can have far-reaching consequences. The concept of admission and being admitted forms one of the cornerstones of adjusting status in the United States to Lawful Permanent ...
Continue reading "BIA on Admission: Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010). Need only prove procedural regularity" »

Law Offices of Ricky Malik, P.C. Launches on Facebook!

The Law Offices of Ricky Malik, P.C. has launched on Facebook! Click here to view page: Facebook
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Supreme Court: The Landmark Drug Case addressing Aggravated Felonies

In December 2006, in an 8-1 decision, the Supreme Court reversed years of blanket rulings that held almost all drug crimes to be aggravated felonies. INA 101(a)(43)(B) defines an aggravated felony to ...
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Immigration's Stance on Drug Paraphernailia

The Board of Immigration Appeals (BIA) issued a decision in November 2009, Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009) where it had to decide how drug paraphernalia offenses should be ...
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Eligibility for Adjustment of Status (Greencard) under Section 245(i) is not barred due to unauthorized employment

The Board of Immigration Appeals (BIA) determined on April 30, 2010 in Matter of ALANIA, 25 I&N Dec. 231 (BIA 2010) that a foreign national who is eligible to adjust status, in other words receive ...
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Much Anticipated Online Detainee Locator System is finally here

The much anticipated Online Detainee Locator System has just been released. For my firm which is heavily involved in representing detained immigrants we hope this is an easier way for families and ...
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Even if you got your Greencard through the fraudulent actions of an Immigration Officer, you are still removable (deportable)

The U.S. Court of Appeals for the 9th Circuit reviewed the matter, wherein hundreds of Koreans received fraudulent green cards through the criminal conspiracy of a former officer of the Immigration ...
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Virginia Prepares to Open Detention Facility for Immigrants

The State of Virginia, always at the forefront of the Immigration debate, is preparing to open one of the East Coast's largest detention facilities in Farmville, VA. The facility will be used to ...
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USCIS Publishes First-Ever Proposed Fee Waiver Form (USCIS seeks public comment)

From the USCIS Fact Sheet and Press Release: "U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for ...
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10,000 U Visas approved for fiscal year 2010. No more U Visas to be issued until October 1, 2010

On July 15, 2010, U.S. Citizenship and Immigration Services (USCIS) announced it has approved 10,000 petitions for U nonimmigrant status (also referred to as the "U visa") in fiscal year 2010. This is ...
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U.S. Fourth Circuit Court of Appeals on Virginia Misdemeanor Convicitions for Domestic Violence

The Fourth Circuit Court of Appeals in United States v. White, 606 F.3d 144 (4th Cir. 2010) applied the Supreme Court's recent decision in Johnson (wherein the Supreme Court held simple touching ...
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Supreme Court: For conviction to be an aggravated felony crime of violence, there must be the intentional use of violent force

In Johnson v. United States, the Supreme Court held that in order to constitute a "violent felony" under the relevant provisions of the Armed Career Criminal Act ("ACCA"), the ...
Continue reading "Supreme Court: For conviction to be an aggravated felony crime of violence, there must be the intentional use of violent force" »

Board of Immigration Appeals finds Virginia Assault and Battery is not a Crime of Violence, nor a Crime of Domestic Violence

The Board issued a major decision in the Crimigration area holding: "The misdemeanor offense of assault and battery against a family or household member in violation of section 18.2-57.2(A) of ...
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Reminder of TPS Deadlines for Hondurans, Nicaraguans, Salvadorans and Haitians

As a reminder to nationals and citizens from countries that were recently requried to register for TPS, the deadlines are as follows El Salvador: September 7, 2010 Haiti: Extended through January 18, ...
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U.S. Supreme Court Decision in Padilla v. Kentucky: Immigration Consequences of Criminal Plea Bargains are not merely collateral

On March 31, 2010, after decades of hundreds of thousands of immigrants being deported because of ineffective criminal lawyers, the Supreme Court issued a landmark decision to put criminal defense ...
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18-Month Extension of Temporary Protected Status for El Salvador. Automatic 6 Month Extension for Employment Authorization

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for eligible nationals of El Salvador from the ...
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