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Blog Posts in November, 2011

Immigration High Court further limits Cancellation of Removal eligibility

The Board of Immigration Appeals (BIA) further limited a non-citizen's ability to apply for Cancellation of Removal issuing a decision disallowing a 212(h) waiver to be used to overcome certain ...
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Temporary Protected Status (TPS) renewal notices for Nicaragua and Honduras

Notices and Federal Register for Temporary Protected Status (TPS) renewals for Nicaragua and Honduras. TPS Honduras extension 2011 Ricky Malik, Esq. www.rmlegal.com
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USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will

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 ...
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Court further takes away from Immigrants by allowing Immigration Officers to trick them

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 ...
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Court holds attempted arson to be an Agg Fel even when Federal Law does not agree

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 ...
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What is a single scheme of criminal conduct for removal (CIMT) purposes?

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 ...
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Nov 2011 Prosecutorial Discretion Release from ICE and Immigration Courts

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 ...
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Fourth Circuit Decision on Evidence, IJ failure

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 ...
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Not every returning Green card holder is an "applicant for admission" and Accessory after the face is CIMT only if underlying crime is one.

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 ...
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"Solicitation" is not an "attempt" or "conspiracy", but it can still be an Aggravated Felony

The Board of Immigration Appeals in Matter of Luis Manuel GUERRERO held that "solicitation" of a crime is different from and "attempt" or "conspiracy" to commit a crime. ...
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Immigration can take your Greencard (LPR) away after 5 years

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. ...
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TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge

The Board of Immigraton Appeals in Matter of FIGUEROA determined that "When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration ...
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Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed

An Immigraton 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 ...
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TPS adjustment no go in 11th Circuit

The Eleventh Circuit Court of Appeals dealt a blow to the argument that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA ...
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Asylum without Physical Harm

The Board of Immigration Appeals in Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007) held physical harm is not necessary. Threats or severe economic deprivation can rise to the level of persecution. ...
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Gender Based Asylum Claims - Domestic Violence

February 3, 2011 Ricky Malik, Esq. www.rmlegal.com
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Waivers: The 212(h)

Ricky Malik, Esq. www.rmlegal.com
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Video Blog: U Visas

Ricky Malik, Esq. www.rmlegal.com
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