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On March 31, 2010, after decades of hundreds of thousands of immigrants being deported because of ineffective criminal lawyers, the Supreme Court issued a landmark decision to put criminal defense attorneys on notice:  No longer can they blindly and ineffectively compel clients to accept any deal offered by the prosecutor. In Padilla v. Kentucky, the Supreme Court held that the Sixth […]

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 […]

On July 12, 2010,U.S. Citizenship & Immigration Services (USCIS) announced that the initial registration period for Haitian Temporary Protected Status (TPS) has been extended until January 18, 2011. If you are a Haitian National or Citizen who continually resided in the United States from before January 10, 2010, you should consider contacting a competent Immigration Attorney to determine if you […]

Significant movement in some Employment Based categories. Click here to view full bulletin. Ricky Malik, Esq.

TPS Extension published in Federal Register July 2010 – Ricky Malik, Esq.

The Department of Labor’s Administrative Review Board held an employer liable pursuant to the employer’s obligations under the Labor Condition Application (LCA) and the H-1B provisions under the Immigration & Nationality Act (INA). The employer failed to pay the H-1B beneficiary, even though the employer was obligated pursuant to the LCA. Conclusion: H-1B Employers must be careful to carefully fulfill […]

From the Federal Register: “This Notice announces that the Secretary of Homeland Security has extended the designation of El Salvador for temporary protected status (TPS) for 18 months from its current expiration date of September 9, 2010, through March 9, 2012. This Notice also sets forth procedures necessary for nationals of El Salvador (or aliens having no nationality who last […]

ICE released a memo highlighting in order the priority of order it should use to apprehend and especially detain individuals. ICE Assistant Secretary John Morton noted that ICE “only has resources to remove approximately 400,000 aliens per year, less than 4 percent of the estimated illegal alien poplulation in the United States.”  Secretary Morton went on to note given their […]

New Fees (click here)

On June 21, 2010 U.S. Immigration & Customs Enforcement announced that it has activated its  “Secure Communities” initiative in all of Virginia.  In its press release ICE stated: “This biometric information sharing strategy enables ICE to identify any alien booked into local law enforcement’s custody for a crime. This capability is part of ICE’s comprehensive strategy to improve and modernize the […]