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18 Oct 2011, 8:08 am by immigrationprof
This case will make an interesting teaching example for immigration professors discussing the ramifications of the Attorney General’s precedential decision on female genital mutilation (FGM), Matter of A-T- I&N Dec. 617 (A.G. 2008). [read post]
25 Jul 2009, 2:59 am
Matter of Jaime Armando LAMUS-Pava, 25 I&N Dec. 61 (BIA 2009).What this means is that an Immigration Judge may not deny a motion to reopen that was timely filed on the basis that the alien married a United States citizen after deportation proceedings were instituted solely because the Government opposes the reopening of the case. [read post]
31 Jan 2024, 6:04 am by Daniel M. Kowalski
Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary to the plain text of 8 C.F.R. [read post]
23 Oct 2023, 12:20 pm by Daniel M. Kowalski
Matter of Brathwaite, 28 I&N Dec. 751 (BIA 2023) Because an appeal accepted under section 460.30 of the New York Criminal Procedure Law is classified as a direct appeal, a respondent with a pending appeal under this section does not have a final conviction for immigration purposes. [read post]
23 Feb 2024, 8:41 am by Daniel M. Kowalski
Matter of Azrag, 28 I&N Dec. 784 (BIA 2024) - Where a State court order granting a respondent’s motion to vacate a conviction does not indicate the reason for the vacatur, and there is no other basis in the record to independently establish the reason, the respondent has not satisfied his burden to show that the court vacated his conviction because of a substantive or procedural defect in his criminal proceedings. [read post]
7 Oct 2008, 11:01 am
In In the matter of M and N (Children) [2008] EWHC 2281 (Fam), reported yesterday, Mr Justice Munby details two cases "which proved abortive because of the failure of those acting for a parent in private law family proceedings properly to engage themselves with and to ascertain what was going on in the parallel immigration proceedings in which their client was involved", and gives a warning to the profession that: "Future shortcomings may be met with more severe and… [read post]
3 Jun 2009, 12:08 pm
Attorney General Eric Holder's Order in Matter of Compean: New citation: 25 I&N 1 (A.G. 2009) Background: • On January 7, 2009, just a few weeks before leaving office, Attorney General Mukasey decided in Matter of Compean that non-citizens do... [read post]
7 Apr 2011, 8:42 pm by Federico B. Serrano
In Matter of Vo, 25 I&N Dec. 426 (BIA 2011), the Board of Immigration Appeals (BIA) held that where the substantive offense underlying a foreign national's conviction for an attempt offense is a crime involving moral turpitude, the foreign national is considered to have been convicted of a crime involving moral turpitude for purposes of section 237(a)(2)(A) of the Immigration and Nationality Act (INA). [read post]
7 Jan 2010, 3:26 pm by scanner1
The Montana Supreme Court has issued an Unpublished Opinion in the following matter: DA 09-0393, 2010 MT 3N, IN THE MATTER OF: N.D., A Youth in Need of Care. [read post]
5 Oct 2011, 9:16 am by scanner1
The Montana Supreme Court has issued an Opinion in the following matter: DA 11-0195, 2011 MT 245, IN THE MATTER OF: M.N., J.N., Jr., and R.N. [read post]
7 Feb 2011, 8:00 am by Federico B. Serrano
Matter of ALYAZJI overrules Matter of Shanu, 23 I&N Dec. 754 (BIA 2005), where the BIA held that the term “admission” used in section 237(a)(2)(A)(i) referred to adjustment of status as well as admission at the border; and second, that an alien’s conviction for a crime involving moral turpitude supported removal under that section so long as the crime was committed within 5 years after the date of any admission made by the foreign national. … [read post]
13 Apr 2015, 1:31 pm by Immigration Prof
The Immigrant Defense Project applauds the April 10 Order of Attorney General Eric Holder vacating Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), a decision that has led to the deportation of many immigrants from the United States. [read post]
25 Jan 2012, 8:55 am by immigrationprof
Matter of D-X & Y-X 25I&N Dec. 664 (BIA 2012) The Board of Immigration Appeals published a decision today finding that a facially valid permit to reside in a third country (even if fraudulently obtained) constitutes prima facie evidence of... [read post]