The EAD or Employment Authorization Document is a work card with your picture and fingerprint on it. It allows you to apply for either a social security number if you… CONTINUE
TERMINATION OF DACA
On September 5, 2017, President Trump announced that the Deferred Action for Childhood Arrivals (DACA) program will be ending. It is believed that this move impacts almost 800,000 young people… CONTINUE
A Conviction For Burglary Of A Dwelling Under Oregon Revised Statutes § 164.225 Qualifies As A Crime Involving Moral Turpitude Even Though The Statute Does Not Require That Someone Be Present At The Time Of The Offense, Provided That The Dwelling Is At Least Intermittently Occupied.
On August 18, 2017, the Board of Immigration Appeals (BIA or Board), in a lengthy opinion, tweaked a longstanding precedent decision, Matter of M-, I&N Dec. 721 (BIA, A.G. 1946),… CONTINUE
An Asylee Who Adjusts Status Per INA § 209(b) Transitions to Lawful Permanent Resident, Thus Terminating His Or Her Asylee Status. Therefore, The Restrictions Of INA § 208(c)(1)(A), Which Prohibit The Removal Or Return Of Nationality Or Last Habitual Residence, Do Not Apply To Such A Respondent. Matter of C-J-H, 26 I&N Dec. 284 (BIA 2014) Clarified.
On August 3, 2017, the Board of Immigration Appeals (BIA or Board), on remand from the Fifth Circuit, held that a respondent’s asylee status was terminated when he adjusted status… CONTINUE
Bipartisan Dream Act Introduced in Senate
On July 20, 2017, Senators Dick Durbin (D-Ill.) and Lindsey Graham (R-S.C.) introduced the Bipartisan Dream Act, a bill to allow young people who have lived in the U.S. since… CONTINUE
BIA Holds Conviction For Transporting A Loaded Firearm In Violation Of Oklahoma Statue Title 21, Section 1289.13, Is A Categorical Firearms Offense Under INA §237(a)(2)C) Because That Law Is Broadly Construed To Encompass All Types Of Firearms Offenses, Even Though The Word “Transporting” Is Not Included In The INA.
On March 3, 2017, the Board of Immigration Appeals (BIA or Board) held that the offense of transporting a loaded firearm in violation of Title 21, Section 1289.13 of the… CONTINUE
BIA Holds That INA §241(b)(3)B)(i) “Persecutor Bar” Applies To One Who Assists Or Otherwise Participates in Another’s Persecution Because Of That Person’s Race, Religion, Nationality, Membership In A Particular Social Group Or Political Opinion, Without Regard To The Persecutor’s Motivation For Assisting Or Participating.
On May 5, 2017, the Board of Immigration Appeals (BIA or Board) sustained a Department of Homeland Security (DHS) appeal of an Immigration Judge’s (IJ’s) granting of special rule cancellation… CONTINUE
BIA Holds That Sex Offense Violating A Statute Enacted To Protect Children Is A Crime Involving Moral Turpitude (CIMT) Where the Victim Is Particularly Young – Under 14 – Or Is Under 16 And the Age Difference Between the Perpetrator And Victim Is Significant, Or Both, Even Where The Law Does Not Require A Culpable Mental State As to the Child’s Age. As Such, Sexual Solicitation Of A Minor Per Maryland Criminal Law §3-324(b) With Intent To Engage In Unlawful Sexual Conduct In Violation Of §3-§307 Is A Categorical CIMT.
On April 6, 2017, the Board of Immigration Appeals (BIA or Board) held a respondent’s offense to be a categorical crime involving moral turpitude (CIMT) where all violations of the… CONTINUE
BIA Holds That A Conviction Under California Penal Code §203 For The Crime Of Mayhem Requires A Malicious Act Resulting In Great Bodily Injury To Another, Therefore The Offense Involves The Use Of Violent Force And Is Thus A Categorical Crime Of Violence Per §18 USC 16(a).
On January 31, 2017, in a densely reasoned opinion, the Board of Immigration Appeals (BIA or Board) held that a conviction under California Penal Code §203 for mayhem qualifies as… CONTINUE
In Determining Whether A Statute Is Divisible Per Mathis v. United States, 136 S. Ct. 2243 (2016), Immigration Judges May Consider A Respondent’s Conviction Record Only to Figure Out Whether Statutory Alternatives Define “Elements” or “Means”, Provided The Issue Is Not Resolved By State Law.
On April 24, 2017, the Board of Immigration Appeals (BIA or Board) – in a case (Mathis v. United States) that has been before the BIA several times – denied… CONTINUE
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