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February 11, 2014
  Washington Post Story features Ricky Malik
Posted By Ricky Malik

Story in Text:


Story in Graphic:


Ricky Malik, Esq.

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November 20, 2013
  A Motion To Rescind a Prior Removal Order Is Not Required If You Are Seeking Asylum Based on Changed Country Conditions
Posted By Ricky Malik

The Board of Immigration Appeals (BIA) clarified that a foreign national does not need to rescind a prior removal order if a foreign national seeks to file for asylum based on changed country conditions in the foreign national's home country.

Normally, an individual who has an outstanding order of removal (deportation) first files a motion to reopen with the Immigration Court that ordered deportation before pursuing the immigration matter. This is because there are very few immigration options available to someone who has been ordered deported and the rescission of the prior removal order will open up avenues.

There are several types of motions to reopen with different time limits and requirements:

  1. Factual: Must be filed within 90 days of the decision ordering removal;
  2. In absentia orders: If the person was not in court, a motion to reopen may be filed within 180 days if the foreign national demonstrates exceptional circumstance for failing to appear;
  3. Joint Motions: If the Department of Homeland Security (DHS) agrees and joins in reopening the case there is no time limit;
  4. No Notice: There is no time limit if the foreign national did not receive proper notice or was in Federal or State custody;
  5. Battered Spouses, Children, Parents: If the person(s) were subject to abuse and meets the requirements, there no time limit;
  6. Asylum: If based on Changed Country Conditions there is no time limit.

In Matter of J-G-, 26 I&N Dec. 11 (BIA 2013), the Board clarified that the reopening does not have to seek to rescind the prior removal order first, if the purpose for seeking reopening is to apply for asylum or withholding of removal based on changed country conditions. This is significant because rescinding or erasing a prior removal order is oftentimes very difficult. Now an applicant can first concentrate and limit the case to meeting the requirements of filing for asylum based on changed country conditions instead of having the Court address both recision and reopening at the same time. Decision Below.

Ricky Malik, Esq.

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November 08, 2013
  Getting Work Permits For People With Pending Asylum Cases Should Get Easier Soon
Posted By Ricky Malik

For those of us familiar with Asylum cases, there is much grumbling and moaning when you mention "The Clock." It can ruin a person's ability to support themselves and it is unclear when it gets stopped and started or does not run. The "Asylum Clock" (or KLOK as it is also known) is basically the concept that a foreign national who files for asylum must wait 150 days after filing an asylum application (I-589) before applying for an Employment Authorization Document (EAD). The counter or timer operation is the problem.

Its a hair-pulling issue but on November 4, 2013 a nationwide class action settlement was reached that will hopefully allow so many people who have suffered persecution in their past to actually obtain their work permits within the lawful time lines.

One of the parts of the settlement that we are most excited about is that asylum seekers will soon be able to file their asylum applications with the Immigration Court immediately, instead of waiting for months, sometimes close to a year before the initial Master Calendar Hearing (No more motions to advance hearing date. Wohoo!)

The Settlement agreement is below.

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November 28, 2011
  USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will
Posted 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 document that starts removal (deportation) proceedings against a non-citizen. It is sometimes referred to as the charging document and recieving one of these is usually bad news because it means the United States is trying to deport you. If you get an NTA which generally looks like the document below, it is best to quickly consult with a qualified immigration attorney.

The November 7, 2011 Memo below generally seems to indicate tha anytime USCIS can deny an application, they will place that person in deportation court.


Ricky Malik, Esq.

www.rmlegal.com

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November 14, 2011
  Asylum without Physical Harm
Posted 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.

"(1) An abortion is forced by threats of harm when a reasonable person would objectively view the threats for refusing the abortion to be genuine, and the threatened harm, if carried out, would rise to the level of persecution.

(2) Nonphysical forms of harm, such as the deliberate imposition of severe economic disadvantage or the deprivation of liberty, food, housing, employment, or other essentials of life, may amount to persecution.

(3) When an Immigration Judge denies asylum solely in the exercise of discretion and then grants withholding of removal, 8 C.F.R. § 1208.16(e) (2006) requires the Immigration Judge to reconsider the denial of asylum to take into account factors relevant to family unification."


Matter of T-Z-

Ricky Malik, Esq.

www.rmlegal.com

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May 06, 2011
  Bad News for those of us who represent or try to reopen cases of kids who enter the United States scared and bewildered. Fourteen (14) years old is old enough!
Posted By Ricky Malik
The Board of Immigration Appeals in a recent decision determined that a child of 14 who probably can't read, write or speak English is old enough to accept and comply with confusing legal documents issued by very friendly border agents.   The BIA held that "Personal service of a Notice to Appear (Form I-862) on a minor who is 14 years of age or older at the time of service is effective, and the regulations do not require that notice also be served on an adult with responsibility for the minor."

Motions to Reopen just got harder.


Matter of Cubor

Ricky Malik, Esq.
www.rmlegal.com
Continue reading "Bad News for those of us who represent or try to reopen cases of kids who enter the United States scared and bewildered. Fourteen (14) years old is old enough!" »

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February 28, 2011
  The Office of Immigration Litigation's "Immigration Litigation Bulletin"
Posted By Ricky Malik
It sounds like a mouthful.  One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the Office of Immigration Litigation (OIL).  Periodically, OIL publishes thieir Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was applied to that division.

To view past Immigration Litigation Bulletins, click here.

Ricky Malik, Esq.
www.rmlegal.com
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February 27, 2011
  USCIS Memo: Revocation of VAWA-Based Self-Petitions
Posted By Ricky Malik
United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked:  "If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer to reasonably believe that a VAWA self-petition should be revoked, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed for possible revocation."

We at the Law Offices of Ricky Malik, P.C. is very concerned that this memo will encourage USCIS to look for adverse information in interviews and in other contacts.  Full memo below:




Ricky Malik, Esq.
www.rmlegal.com

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February 22, 2011
  Huge 4th Circuit Victory on Gang based persecution based on family as particular social group
Posted By Ricky Malik
In a refreshing decision, the Fourth Circuit Court of Appeals remanded an MS-13 El Salvador gang case back to the Board of Immigration Appeals after determining that the respondent did fit within a particular social group for his kinship (family) ties to his uncle who testifed against the criminal gang MS-13.  Both the uncle and the respondent received threats in El Salvador before fleeing to the United States seeking protection.



Ricky Malik, Esq.
Immigration Attorney
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February 07, 2011
  Fourth Circuit Court of Appeals Issues Published Decision on Social Group Based Asylum for Firm's Client
Posted By Ricky Malik

In a case argued and briefed by Attorney Ricky Malik, the U.S. Fourth Circuit Court of Appeals issued a published decision on January 19, 2011 denying the asylum, withholding and Convention against Torture (CAT) claims of one of our clients.  Our client was seeking asylum and related protection in the United States based on his fear of returning to El Salvador based on the fact he would be persecuted by ruthless gangs in El Salvador.  Gang violence in El Salvador is a major problem that has existed and increased in severity in recent years.  These multi-national gangs have been known to torture, maim, victimize and kill many people throughout the Central American region and Mexico. Some of the more infamous gangs are Mara Salvatrucha 13 (MS-13), M-18 and Los Zetas, to name a few. 

We were disappointed in the decision from the Fourth Circuit and understand this is a difficult issue for the Court because U.S. Asylum law only allows for a grant of Asylum or Withholding of removal IF a person can prove that the harm is motivated by the person's race, religion, nationality, political opinion, or membership in a particular social group.   Our client's claim was based upon his "membership in a particular social group," a group that is difficult to define and limited by years of caselaw.   Full decision below:



Ricky Malik, Esq.
Law Offices of Ricky Malik, P.C.

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February 03, 2011
  Asylum victory for Attorney Ricky Malik based on Domestic Violence
Posted By Ricky Malik
Attorney Ricky Malik argued and tried a case of a woman who was seeking asylum based on the severe abuse endured at the hands of her husband.
 
Ricky Malik, Esq.
Immigration Attorney
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January 09, 2011
  USCIS Q&A in response to AILA
Posted By Ricky Malik
USCIS 16 page response to a variety of stakeholder questions:



Ricky Malik, Esq.
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December 01, 2010
  AAO on Burden of Proof
Posted By Ricky Malik

The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases.  In Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) it was held that:

"In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the benefit sought.

Even if the director has some doubt as to the truth, if the petitioner submits relevant, probative, and credible evidence that leads the director to believe that the claim is "more likely than not" or "probably" true, the applicant has satisfied the standard of proof. Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r  1989), followed.

If the director can articulate a material doubt, it is appropriate for the director to either request additional evidence or, if that doubt leads the director to believe that the claim is probably not true, deny the application or petition."



Ricky Malik, Esq.
Twitter: rmlegal
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November 07, 2010
  Court of Appeals states Wikipedia is not reliable source
Posted By Ricky Malik

The Court of Appeals for the Fifth Circuit in an unpublished decision, agreed with the 8th Circuit and BIA, deeming Wikipedia an unreliable source. Decision below:



Ricky Malik, Esq.
www.rmlegal.com
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October 31, 2010
  Attorney Ricky Malik argues before the U.S. Court of Appeals for the Fourth Circuit
Posted By Ricky Malik
On Tuesday, October 26, 2010 Senior Attorney and Litigator Ricky Malik presented arguments on behalf of a client before the Fourth Circuit Court of Appeals sitting in Richmond, Virginia.

The case involved a reivew of a denial of an asylum, witholding and Convention Against Torture (CAT) claim from the Board of Immigration Appeals.  The client had a genuine fear of returning to his home in Central America from the powerful Mara gangs that inflict violence, torture and death on so many deportees from the United States. 

Ricky Malik, Esq.
www.rmlegal.com
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October 13, 2010
  Immigration Court's Monthly focuses negatively on Gang Asylum cases
Posted By Ricky Malik

The June 2010 Immigration Law Advisor (a publication by the Immigration Court System) focused heavily on gang based asylum cases.  The publication, whose target audience is Immigration Judges across the U.S., tries to convince the reader of the non-availability of a social group in gang related asylum cases.   It does however end with the belief that there is nonetheless an opening for such cases, lest we would have automatic denials of all cases.

"As explained above, Matter of S-E-G- and Matter of E-A-G- likely foreclose many asylum claims based on purported particular social groups related to gangs. The circuit courts have generally accorded deference to these decisions. Yet, as Benitez Ramos v. Holder and Urbina-Mejia v. Holder both illustrate, not all gang-related asylum claims based on membership in a particular social group will necessarily fail."



Ricky Malik, Esq.
greencard@mail.com
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October 07, 2010
  BIA: Asylum applicants need to have one central reason for their fear
Posted By Ricky Malik

The Board of Immigration Appeals (BIA) held in Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010):

The “one central reason” standard that applies to asylum applications pursuant to section 208(b)(1)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(i) (2006), also applies to applications for withholding of removal under section 241(b)(3)(A) of the Act, 8 U.S.C. § 1231(b)(3)(A) (2006).

The "mixed-motive" concept still lives on despite this holding requiring one central reason.




Ricky Malik, Esq.


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September 29, 2010
  California Attorneys Sentenced to Prison for Asylum Fraud Scheme
Posted By Ricky Malik

ICE press release: "SACRAMENTO, Calif. - Three attorneys for a northern California law firm and their contract interpreter were sentenced to lengthy prison terms Friday following their conviction on charges stemming from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Office of Homeland Security Investigations (HSI) that revealed they orchestrated a scheme to file hundreds of false asylum claims.

Jagprit Singh Sekhon, 39, of Westminster, Calif., formerly of Sacramento, was sentenced to 108 months in prison. His brother and former partner in the Sekhon & Sekhon law firm, Jagdip Singh Sekhon, 42, of Salida, Calif., was sentenced to 60 months in prison. Their former law firm associate, Manjit Kaur Rai, 33, of Discovery Bay, Calif., was sentenced to 30 months in prison. The sentencing hearing for interpreter Iosif Caza, 43, of Sacramento has not yet concluded. Interpreter Luciana Harmath, 29, of Glendale, Ariz., formerly of Sacramento, was sentenced to four months in prison last month."

There are too many attorneys, immigration consultants, notarios and fraudsters active in the U.S. Immigration system, stronger enforcement of those who perpetuate fraud will increase the integrity of the system.

For more, click here.

Ricky Malik, Esq.

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September 06, 2010
  TRAC: Asylum Denial Rate Drops to Twenty-Five Year Low
Posted By Ricky Malik
The Transactional Records Access Clearinghouse found that the Denial Rate by Immigration Judges have dropped to a 25 year low.

A large part for this according to TRAC:  "[T]he total number of asylum requests has been falling, that a higher proportion of asylum seekers are now represented by counsel[.]"
To read the report click here.

Ricky Malik, Esq.
www.rmlegal.com
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August 28, 2010
  BIA on Frivolous Asylum Claims
Posted By Ricky Malik

Matter of X-M-C-, Interim Decision #3693, 25 I&N Dec. 322 (BIA 2010)

(1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application.

(2) Withdrawal of an alien’s asylum application after the required warnings and safeguards have been provided does not preclude a finding that the application is frivolous.


Ricky Malik
Attorney at Law
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July 14, 2010
  Fourth Circuit Refuses to allow Immigration Judge and Board of Immigration Appeals to deny case based on someone else's facts
Posted By Ricky
The U.S. Court of Appeals for the Fourth Circuit refused to allow an Immigration Judge and the Board of Immigration Appeals to issue an adverse credibility finding (meaning conclude that an applicant for Asylum & related protections was not believable) based on the facts of someone else's case.

InJian Tao Lin v. Holder, No. 09-1269 (July 12, 2010), the Fourth Circuit stated:

"Predicating an adverse credibility determination on unrelated facts derived from another case ismanifestly contrary to law and constitutes an abuse of discretion. SeeHussain v. Gonzales, 477 F.3d 153, 155 (4th Cir. 2007) (explaining that BIA "abuses its discretion when it . . . distorts or disregards important aspects of the alien’s claim. Put simply, in making a credibility finding, the agency is obliged to understand the pertinent facts and not be confused by unrelated, prejudicial material. Anything less is simply unacceptable"[.] 





Ricky Malik, Esq.
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May 07, 2010
  When is an an asylum claim frivolous?
Posted By Ricky
The Board of Immigration Appeals addressed how to determine if an asylum claim is frivolous in Matter of B-Y-, ID 3680, 25 I&N Dec. 236 (BIA 2010).  The Board held that (1) In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), clarified.

(2) In considering an asylum applicant’s explanations for inconsistencies or discrepancies, an Immigration Judge making a frivolousness determination must separately address the
applicant’s explanations in the context of how they may have a bearing on the materiality and deliberateness requirements unique to that determination.

(3) When the required frivolousness warnings have been given to an asylum applicant prior to the merits hearing, the Immigration Judge is not required to afford additional warnings or to seek further explanation in regard to inconsistencies that have become obvious during the course of the hearing.
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8620 Centerville Road, Manassas, VA 20110 7505 New Hampshire Ave. Suite 318 Takoma Park, MD 20912 Join us on Facebook Follow us on Twitter Watch Us On YouTube View Our LinkIn Profile Click here to subscribe to our Rss Feed

The information on this Virginia Lawyer / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The Law Offices of Ricky Malik, P.C. represents clients in all 50 states of the United States and the World over, including Manassas, VA, Prince William County, Arlington, Fairfax, Centreville, Alexandria, Falls Church, Roslyn, Washington, DC, Loudon County, Lorton, Woodbridge, Virginia, Takoma Park, MD, Langley Park, Bethesda, Rockville, Hyattsville, Montgomery County, Prince George's County, Columbia, and Baltimore, Maryland.