I can’t tell you how many times I’ve met immigrants who received 12 months, all suspended (meaning the Criminal Judge wanted no jail time), who then face deportation because they have a one year sentence. Even prosecutors and Judges will later admit to not wanting the person deported when the sentence was handed down. The change in the State of […]
United States Citizenship & Immigration Services released final memo guidance for coordination with U.S. Immigration and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings before the Executive Office of Immigration Review (EOIR). Ricky Malik, Esq. www.rmlegal.com
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 […]
“The Department of Homeland Security (DHS) is eliminating redundant programs by removing the following countries from, and relieving nonimmigrant nationals or citizens of the following countries from compliance with, the special registration procedures under the National Security Entry-Exit Registration System (NSEERS): Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, […]
United States Immigration & Customs Enforcement (ICE) has developed the below toolbox filled with goodies to be used by prosecutors who need the help of immigrants to prosecute a crime AND tools to ensure deportation. Tools to help cooperating witnesses include: Deferred Action, Administrative Stays of Removal, U, T & S visas. Tools to deport: Stipulated Orders. Tools to bring persons into […]
Predator Drones Fact Sheet Ricky Malik, Esq. www.rmlegal.com
United States Citizenship & Immigration Services (USCIS) released the following Q& A guidance. USCIS – Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
The Board of Immigration Appeals (BIA) stated in Matter of Eslamizar, 23 I&N Dec. 684 (BIA 2004) “It is a bedrock principle of the Constitution of the United States that each element of an offense or crime must be proved beyond a reasonable doubt. E.g., Apprendi v. New Jersey, 530 U.S. 466 (2000); In re Winship, 397 U.S. 358 (1970). It is beyond debate, therefore, that […]
Many people are placed in removal proceedings but are waiting for adjudication of a petition or an adjudication from United States Citizenship and Immigration Services (USCIS) or simply for a family or employment based priority date to become current. At times Immigration Judges become impatient and order people removed or goad them into taking voluntary departure. Remember the Board of […]
The Board of Immigration Appeals (BIA) in Matter of GUEVARA ALFARO, 25 I&N Dec. 417 (BIA 2011) held: (1) Any intentional sexual conduct by an adult with a child involves moral turpitude, as long as the perpetrator knew or should have known that the victim was under the age of 16. Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), followed. Quintero-Salazar […]
