Matter of Pedroza, Interim Decision #3691, 25 I&N Dec. 312 (BIA 2010) An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), if his crime is punishable by imprisonment for a period of less than a year and […]
Matter of Cortez Canales, Interim Decision #3690, 25 I&N Dec. 301 (BIA 2010) (1) An alien who has been convicted of a crime involving moral turpitude for which a sentence of a year or longer may be imposed has been convicted of an offense “described under” section 237(a)(2) of the Act, 8 U.S.C. § 1227(a)(2) (2006), and is therefore ineligible […]
Matter of Casillas-Topete, Interim Decision #3692, 25 I&N Dec. 317 ( BIA 2010) In order to commence proceedings against an alien for purposes of sections 204(g) and 245(e)(2) of the Immigration and Nationality Act, 8 U.S.C. §§ 1154(g) and 1255(e)(2) (1994), an Order to Show Cause and Notice of Hearing (Form I-221) that was issued on or after June 20, […]
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The District Court dismissed with prejudice Broadgate, Inc.,et al v. USCIS. The court held that the Neufeld H-1B memo does not constitute final agency action subject to judicial review.
Transparency will decrease as the Executive Office for Immigration Review makes it more difficult to determine hearing dates. The new system requires us to determine dates of issuance of charging document in order to use the oft relied on EOIR 800#. For any attorney who has practiced regularly in the Immigration Courts, especially like me who have handled a large number […]
USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS Releases below in English & Spanish
One of the most brutal and punishingly tools in immigration’s arsenal is being able to detain foreign nationals and specifically deeming them as Mandatory Detainees. After years of adverse decisions, there is some relief in light of repeated Circuit Courts rejecting the Board of Immigration Appeals’ (BIA) draconian interpretations. On June 23, 2010, the BIA held in the Matter of […]
USCIS is rolling out an E-request system. It will be similar to the Immigration 800 # except it will be done through email. The system will be limited to I-90’s and N-400’s at first. Hopefully, it will be a meaningful inquiry process and not just email responses with boilerplate text, similar to the 800# script readers.
President Obama signed the H.R. 6080 bill into law on 8/13/10. H.R. 6080 provides $600 million in emergency funds for fiscal 2010 to secure the Southwest border and enhance federal border protection and law enforcement. Section 402 of the bill includes an increase in fees by about $2,250 for L visas and by $2,000 for employees on H-1B visas. This […]
