Legal Articles, Deportation
Attorney General Refers Two BIA Decisions to Herself for Review
Attorney General Loretta Lynch referred two Board of Immigration Appeals (BIA) decisions to herself for review. The decisions are Matter of Chairez (decided February 11, 2015) and Matter of Sama (decided July 17, 2015). Pending the Attorney General’s review, the BIA’s decision in both cases...
Announcing a Series of Blog Posts: My 2016 Presidential Candidate Profiles
There are few issues more important to immigration law – and our republic as a whole – than who occupies the White House. Thus, as we fast approach the first votes of this 2016 Presidential election, I have decided to write a series of candidate profiles about each of the important 2016...
Unaccompanied Minors at the Southwest Border
U.S. Customs and Border Protection (CBP) recently released statistics regarding the apprehension of unaccompanied alien children or unaccompanied minors during Fiscal Year 2015. You can find these statistics and other information about the apprehension of unaccompanied minors at www.cbp.gov.
Department of State Releases Refugee Resettlement Fact Sheet
On October 21, 2015, the Department of State (DOS) released a Fact Sheet titled “Refugee Resettlement in the United States.” The Fact Sheet has a few interesting notes and charts that I would like to share with you.
New BIA Decision on the Burden for Determining Mental Competence in Immigration Proceedings Matter of J-S-S-
The Board of Immigration Appeals (BIA) issued an important decision in Matter of J-S-S- on November 2, 2015. The decision addressed the following question: Who has the formal burden of proof in immigration proceedings to establish whether the alien (respondent) is mentally competent...
BIA Requests Briefs on Whether False Statements Must be "Material" to Constitute an Aggravated Felony "Involving Deceit"
On November 10, 2015, the Board of Immigration Appeals (BIA) invited interested members of the public to submit an amicus curiae (friend of the court) brief discussing the following question: “In determining whether an offense constitutes an aggravated felony under section 101(a)(43)(M)(i)...
USCIS Offers Benefits to Spouses Children and Parents of Active Members of the US Armed Forces Individuals in the Selected Reserves and Veterans
The Obama Administrative has used executive action to expand the use of parole to assist members of the armed forces, individuals in the reserves, and veterans. Parole is typically used to permit an alien who is outside the United States to enter the United States, but...
Aila Liaison Notes
Today American Immigration Lawyers Association published its Q&A notes on the Liaison meeting with Field Operations Directorate.
New BIA Decision on Continuous Physical Presence and Cancellation (2): Matter of Garcia-Ramirez
In Matter of Garcia-Ramirez, the BIA addressed whether an alien had his continuous physical presence (for cancellation of removal purposes) severed when he was picked up near the Mexican border and briefly detained before voluntarily returning to Mexico.
New BIA Decision on Continuous Physical Presence and Cancellation (1): Matter of Castrejo-Colino
On October 28, 2015, the Board of Immigration Appeals (BIA) decided an important case titled Matter of Castrejon-Colino, pertaining to the requisite 10-year continuous physical present requirement in order to be eligible for regular non-LPR cancellation of removal...