Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (full case below): “(1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that one of the six exceptions to the […]
The Board of Immigration Appeals in Matter of Luis Manuel GUERRERO held that “solicitation” of a crime is different from and “attempt” or “conspiracy” to commit a crime. This nuance of language is significant because the section of the Immigration code that defines what crimes are Aggravated Felonies (AF) has a catchall in INA 101(a)(43)(U) which states that “an attempt or conspiracy […]
http://trac.syr.edu/immigration/reports/244/ Ricky Malik, Esq. www.rmlegal.com
The Board of Immigraton Appeals in Matter of FIGUEROA determined that “When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS.” Figueroa […]
An Immigraton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011). Herrera Del Orden Ricky Malik, Esq. www.rmlegal.com
The Eleventh Circuit Court of Appeals dealt a blow to the argument that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decision below in Serrano vs. Attorney General. Serrano TPS 11th Circ Ricky Malik, Esq. www.rmlegal.com
The Board of Immigration Appeals in Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007) held physical harm is not necessary. 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 […]
February 3, 2011 Ricky Malik, Esq. www.rmlegal.com
Ricky Malik, Esq. www.rmlegal.com
Ricky Malik, Esq. www.rmlegal.com
