Blog Posts in November, 2011
Posted on Nov 30, 2011 By Ricky Malik
The Board of Immigration Appeals (BIA) further limited a non-citizen's ability to apply for Cancellaition of Removal issuing a decision disallowing a 212(h) waiver to be used to overcome certain ...
Continue reading "Immigration High Court further limits Cancellation of Removal eligibility" »
Posted on Nov 29, 2011 By Ricky Malik
Notices and Federal Register for Temporary Protected Status (TPS) renewals for Nicaragua and Honduras. TPS Honduras extension 2011 var docstoc_docid="105166393";var docstoc_title="TPS Honduras ...
Continue reading "Temporary Protected Status (TPS) renewal notices for Nicaragua and Honduras" »
Posted on Nov 28, 2011 By Ricky Malik
United States Citizenship & Immigration Services (USCIS) issued a memo on November 7, 2011 providing guidelines to officers describing when a Notice to Appear (NTA) is to be issued. An NTA is the ...
Continue reading "USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will" »
Posted on Nov 27, 2011 By Ricky Malik
The BIA in Matter of E-R-M-F- & A-S-M-, 25 I&N Dec. 580 (BIA 2011) determined that "Until an alien who is arrested without a warrant is placed in formal proceedings by the filing of a ...
Continue reading "Court further takes away from Immigrants by allowing Immigration Officers to trick them" »
Posted on Nov 26, 2011 By Ricky Malik
The Board of Immigration Appeals (BIA) in Matter of Bautista, s 25 I&N Dec. 616 (BIA 2011) determined that: "Attempted arson in the third degree in violation of sections 110 and 150.10 of the ...
Continue reading "Court holds attempted arson to be an Agg Fel even when Federal Law does not agree" »
Posted on Nov 25, 2011 By Ricky Malik
The Board of Immigration Appeals (BIA) in an immigration case, Matter of Islam, 25 I&N Dec. 637 (BIA 2011) dealing with the issue of when do criminal acts arise out of a single scheme of criminal ...
Continue reading "What is a single scheme of criminal conduct for removal (CIMT) purposes?" »
Posted on Nov 24, 2011 By Ricky Malik
Since the groundbreaking Morton Memos of June 17, 2011 and the announcements from the White House and Secretary of Homeland Security Janet Napolitano, finally ICE and the Immigration Courts responded ...
Continue reading "Nov 2011 Prosecutorial Discretion Release from ICE and Immigration Courts" »
Posted on Nov 23, 2011 By Ricky Malik
Ricky Malik, Esq. www.rmlegal.com
Continue reading "Video Blog: VAWA (Violence Against Women Act)" »
Posted on Nov 21, 2011 By Ricky Malik
Tassi v. Holder: "In sum, the IJ committed multiple legal and factual errors. In the first category, the IJ erroneously (1) applied the rules of evidence; (2) suggested that corroborative ...
Continue reading "Fourth Circuit Decision on Evidence, IJ failure" »
Posted on Nov 20, 2011 By Ricky Malik
Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (full case below): "(1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to ...
Continue reading "Not every returning Green card holder is an "applicant for admission" and Accessory after the face is CIMT only if underlying crime is one." »
Posted on Nov 19, 2011 By Ricky Malik
The Board of Immigration Appeals in Matter of Luis Manuel GUERRERO held that "solicitation" of a cirme is different from and "attempt" or "consipracy" to commit a crime. ...
Continue reading ""Solicitation" is not an "attempt" or "conspiracy", but it can still be an Aggravated Felony" »
Posted on Nov 18, 2011 By Ricky Malik
The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. ...
Continue reading "Immigration can take your Greencard (LPR) away after 5 years" »
Posted on Nov 17, 2011 By Ricky Malik
The Board of Immigraiton Appeals in Matter of FIGUEROA detemined that "When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration ...
Continue reading "TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge" »
Posted on Nov 16, 2011 By Ricky Malik
An Immigraiton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by ...
Continue reading "Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed" »
Posted on Nov 15, 2011 By Ricky Malik
The Eleventh Circuit Court of Appeals dealt a blow to the arugment that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA ...
Continue reading "TPS adjustment no go in 11th Circuit" »
Posted on Nov 14, 2011 By Ricky Malik
The Board of Immigration Appeals in Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007) held physical harm is not neccessary. Threats or severe economic deprivation can rise to the level of persecution. ...
Continue reading "Asylum without Physical Harm" »
Posted on Nov 13, 2011 By Ricky Malik
February 3, 2011 Ricky Malik, Esq. www.rmlegal.com
Continue reading "Gender Based Asylum Claims - Domestic Violence" »
Posted on Nov 12, 2011 By Ricky Malik
Ricky Malik, Esq. www.rmlegal.com
Continue reading "Waivers: The 212(h)" »
Posted on Nov 11, 2011 By Ricky Malik
Ricky Malik, Esq. www.rmlegal.com
Continue reading "Video Blog: U Visas" »