BIA Holds That, Because An Appeal Accepted Under New York Criminal Procedure Law §460.30 Is Classified As A Direct Appeal, A Respondent With A Pending Appeal Under This Section Does… CONTINUE
BIA Holds That Torturous Conduct Committed By A Public Official
BIA Holds That Torturous Conduct Committed By A Public Official Who Is “Acting In An Official Capacity”, Meaning Acting Under Color Of Law, Is Covered By The Regulations Implementing The… CONTINUE
Overcoming USCIS Removal (Deportation) Proceedings
Some foreign nationals living in the U.S. may experience concerns about being detained or receiving a USCIS Order of Removal (what used to be called “deportation”). Most of the time,… CONTINUE
Immigration Laws and Employment
Obtaining an immigration employment visa has had an enormous impact on businesses. According to the U.S. government’s Bureau of Labor Statistics, over 18% of the civilian workforce in 2022 were… CONTINUE
BIA Holds That Release On Conditional Parole Per INA §236(a)(2)(B) Is Legally Distinct From Release On Humanitarian Parole Per INA §212(d)(5)(A)
BIA Holds That Release On Conditional Parole Per INA §236(a)(2)(B) Is Legally Distinct From Release On Humanitarian Parole Per INA §212(d)(5)(A). Matter Of Castillo-Padilla, 25 I&N Dec. 257 (BIA 2010),… CONTINUE
BIA Holds That Determining Whether The Government Is Or Was Unable Or Unwilling To Protect A Respondent From Harm Is A Fact Specific Inquiry Based On Consideration Of All Evidence
BIA Holds That Determining Whether The Government Is Or Was Unable Or Unwilling To Protect A Respondent From Harm Is A Fact Specific Inquiry Based On Consideration Of All Evidence…. CONTINUE
BIA Holds That A Conviction For Burglary Of A Building Under New York Penal Law §140.25(1)(d) Is Not Categorically An Aggravated Felony Burglary Offense Under INA §101(a)(43)(G)
5.22.2023 BIA Holds That A Conviction For Burglary Of A Building Under New York Penal Law §140.25(1)(d) Is Not Categorically An Aggravated Felony Burglary Offense Under INA §101(a)(43)(G) Because The… CONTINUE
BIA Invites Public To File Amicus Curiae Briefs Discussing Whether And How To Remedy A Non-compliant NTA.
8.1.2023 On August 1, 2023, the Board of Immigration Appeals (BIA or Board) published an Amicus Invitation (Notice to Appear), welcoming interested members of the public to file amicus curiae… CONTINUE
Artificial Intelligence (AI) And The Immigration Lawyer
AI in immigration law has been a topic of discussion among immigration attorneys recently. The recent surge of the capabilities of artificial intelligence (AI) technology is generating mixed reactions among… CONTINUE
BIA Holds That It Has Authority To Accept Untimely Appeals And Consider Them Timely, In Certain Situations
BIA Holds That It Has Authority To Accept What Are Otherwise Untimely Appeals, And Consider Them Timely, In Certain Situations Because 8 C.F.R. § 1003.35(b) Is A Claim-Processing Rule And… CONTINUE
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