Blog Posts in July, 2010
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Posted on Jul 31, 2010 By Ricky
Law Offices of Ricky Malik, P.C. now on Twitter! Follow us: www.twitter.com/rmlegal We will tweet you.
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Posted on Jul 31, 2010 By Ricky
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?" »
Posted on Jul 30, 2010 By Ricky
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" »
Posted on Jul 30, 2010 By Ricky
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 ...
Continue reading "BIA on Sentence "actually imposed": suspended execution of sentence vs imposition of sentence suspended" »
Posted on Jul 29, 2010 By Ricky
"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 ...
Continue reading "Supreme Court addresses Coram Nobis & All Writs Act (Post Conviction Relief)" »
Posted on Jul 29, 2010 By Ricky
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" »
Posted on Jul 28, 2010 By Ricky
The Law Offices of Ricky Malik, P.C. has launched on Facebook! Click here to view page: Facebook
Continue reading "Law Offices of Ricky Malik, P.C. Launches on Facebook!" »
Posted on Jul 27, 2010 By Ricky
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 ...
Continue reading "Supreme Court: The Landmark Drug Case addressing Aggravated Felonies" »
Posted on Jul 25, 2010 By Ricky
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 ...
Continue reading "Immigration's Stance on Drug Paraphernailia" »
Posted on Jul 24, 2010 By Ricky
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 ...
Continue reading "Eligibility for Adjustment of Status (Greencard) under Section 245(i) is not barred due to unauthorized employment" »
Posted on Jul 23, 2010 By Ricky
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 ...
Continue reading "Much Anticipated Online Detainee Locator System is finally here" »
Posted on Jul 23, 2010 By Ricky
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 ...
Continue reading "Even if you got your Greencard through the fraudulent actions of an Immigration Officer, you are still removable (deportable)" »
Posted on Jul 22, 2010 By Ricky
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 ...
Continue reading "Virginia Prepares to Open Detention Facility for Immigrants" »
Posted on Jul 21, 2010 By Ricky
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 ...
Continue reading "USCIS Publishes First-Ever Proposed Fee Waiver Form (USCIS seeks public comment)" »
Posted on Jul 20, 2010 By Ricky
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 ...
Continue reading "10,000 U Visas approved for fiscal year 2010. No more U Visas to be issued until October 1, 2010" »
Posted on Jul 20, 2010 By Ricky
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 ...
Continue reading "U.S. Fourth Circuit Court of Appeals on Virginia Misdemeanor Convicitions for Domestic Violence" »
Posted on Jul 19, 2010 By Ricky
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 level of "physical ...
Continue reading "Supreme Court: For conviction to be an aggravated felony crime of violence, there must be the intentional use of violent force" »
Posted on Jul 19, 2010 By Ricky
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 the ...
Continue reading "Board of Immigration Appeals finds Virginia Assault and Battery is not a Crime of Violence, nor a Crime of Domestic Violence" »
Posted on Jul 17, 2010 By Ricky
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, ...
Continue reading "Reminder of TPS Deadlines for Hondurans, Nicaraguans, Salvadorans and Haitians" »
Posted on Jul 15, 2010 By Ricky
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 ...
Continue reading "U.S. Supreme Court Decision in Padilla v. Kentucky: Immigration Consequences of Criminal Plea Bargains are not merely collateral" »
Posted on Jul 15, 2010 By Ricky
As of 7/9/2010: H-1B Regular Cap: 24,800 out of 65,000 H-1B Master's Cap: 10,600 out of 20,000
Continue reading "H-1B Cap Count for Fiscal Year 2011 (for employment to commence October 1, 2010) as of 7/9/2010" »
Posted on Jul 15, 2010 By Ricky
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 ...
Continue reading "18-Month Extension of Temporary Protected Status for El Salvador. Automatic 6 Month Extension for Employment Authorization" »
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