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
Understanding BIA’s Decision on Plea Colloquy in Immigration Removal Cases
BIA Holds That, Under The Modified Categorical Approach, An Immigration Judge May Consider The Transcript Of A Plea Colloquy In Determining The Factual Basis Of A Plea. On April 28,… CONTINUE
Latest BIA Decision Clarifies Immigration Court Choice of Law
BIA Holds That For Choice Of Law Purposes, The Controlling Circuit Law In Immigration Court Proceedings Is The Law Governing The Geographic Location Of The Immigration Court Where Venue Lies,… CONTINUE
BIA Ruling on Pereira v. Sessions, Niz-Chavez v. Garland and Pre-IIRAIRA Proceedings
BIA Holds That Pereira v. Sessions, 138 S. Ct. 2105 (2018) And Niz-Chavez v. Garland, 141 S. Ct. 1474 (2021) Are Inapplicable To Proceedings Initiated By A Notice To Applicant… CONTINUE
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