Immigration & Citizenship Law Blog | Levin and Pangilinan PC

BIA Holds That, Given The Significance Of A Respondent’s Interest In Securing Review Of a Denial Of A Petition To Remove The Conditions On Permanent Residence, An Immigration Judge Should Ordinarily Review The Denial Of A Form I-751 Upon The Request Of The Respondent.

January 11, 2024 Philip Levin

BIA Holds That, Given The Significance Of A Respondent’s Interest In Securing Review Of a Denial Of A Petition To Remove The Conditions On Permanent Residence, An Immigration Judge Should… CONTINUE

BIA Holds That If A Persecutor Is Targeting Members Of A Certain Family As A Means Of Achieving Some Other Ultimate Goal Unrelated To The Protected Ground, Family Membership Is Incidental Or Subordinate To That Other Ultimate Goal And Therefore Not One Central Reason For The Harm. Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2017), Reaffirmed.

January 11, 2024 Philip Levin

BIA Holds That If A Persecutor Is Targeting Members Of A Certain Family As A Means Of Achieving Some Other Ultimate Goal Unrelated To The Protected Ground, Family Membership Is… CONTINUE

H-1B Visas: The Latest News For Fiscal Year 2024

December 6, 2023 Philip Levin

The H-1B visa continues to be one of the most popular visas in the United States, enabling U.S. companies to obtain qualified foreign workers to fill the gaps in the… CONTINUE

BIA Holds That, Because An Appeal Accepted Under New York Criminal Procedure Law §460.30

November 30, 2023 Philip Levin

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

November 30, 2023 Philip Levin

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

Immigration Laws and Employment

October 11, 2023 Philip Levin

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)

October 11, 2023 Philip Levin

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

October 11, 2023 Philip Levin

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)

August 16, 2023 Philip Levin

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.

August 16, 2023 Philip Levin

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