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 criminal grounds. Cancellation of Removal for non-greencard holders is available to stop the removal (deportation) of an immigrant who can prove s/he has been in the United States for 10 […]
Notices and Federal Register for Temporary Protected Status (TPS) renewals for Nicaragua and Honduras. TPS Honduras extension 2011 Ricky Malik, Esq. www.rmlegal.com
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 receiving one of these is usually bad news […]
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 Notice to Appear (Form I-862), the regulation at 8 C.F.R. § 287.3(c) (2011) does not require immigration officers to advise the alien that he or […]
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 New York Penal Law is an aggravated felony under section 101(a)(43)(E)(i) of the Immigration and Nationality Act, 8U.S.C. § 1101(a)(43)(E (i) (2006), even though the State […]
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 misconduct for purposes of whether someone should be removed (deported) for committing two crimes involving moral turpitude (CIMT). The Immigration Laws require the removal […]
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 with some methodology about the “working group” review to determine high priority vs low priority deportations (enforcement priorities). There were several releases, all of which are featured in this article, […]
Ricky Malik, Esq. www.rmlegal.com
Ricky Malik, Esq. www.rmlegal.com
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 evidence requires further corroboration; and (3) discredited documents as unauthenticated under the immigration regulations without providing Tassi an opportunity to authenticate them by other means and without otherwise providing sound, […]
