BIA HOLDS THAT A PERSON BORN ABROAD TO UNMARRIED PARENTS CAN QUALIFY AS A “CHILD” UNDER INA § 320(a) (AUTOMATIC ACQUISITION OF DERIVATIVE U.S. CITIZENSHIP) IF HE OR SHE IS OTHERWISE ELIGIBLE… CONTINUE
BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF THERE IS NO CONTRARY CONTROLLING CIRCUIT AUTHORITY.
BIA PARTIALLY VACATES Matter of Chairez-Castrejon, HOLDING THAT—AS TO THE DIVISIBILITY OF AGGRAVATED FELONY STATUTES—IMMIGRATION JUDGES SHOULD FOLLOW THE LAW OF THE CIRCUIT IN WHOSE JURISDICTION THEY SIT, APPLYING Chairez-Castrejon ONLY IF… CONTINUE
BIA HOLDS THAT DEPARTURES FROM THE U.S. FOLLOWING CONVICTIONS FOR ILLEGAL ENTRY UNDER INA § 275(a)(1) INTERRUPT ONE’S CONTINUOUS PHYSICAL PRESENCE BECAUSE THEY WERE PURSUANT TO A FORMAL, DOCUMENTED PROCESS WHICH ESTABLISHED THE RESPONDENT’S INADMISSABILITY.
On December 10, 2014, the Board of Immigration Appeals (BIA) upheld an Immigration Judge’s (IJ) determination that departures from the U.S. following INA § 275(a)(1) convictions were pursuant to a sufficiently formal,… CONTINUE
APPLICATION PER 8 CFR § 1292.2(d) FOR PARTIAL ACCREDITATION
BIA HOLDS THAT, IN ADJUDICATING AN APPLICATION PER 8 CFR § 1292.2(d) FOR PARTIAL ACCREDITATION OF AN ACCREDITTED REPRESENTATIVE AT ADDITIONAL OFFICES, A RECOGNIZED ORGANIZATION NEED NOT SUBMIT AN APPLICATION FOR EACH… CONTINUE
Matter of American Paralegal Academy, Inc., 19 I. & N. Dec. 386 (BIA 1986)
CLARIFYING Matter of American Paralegal Academy, Inc., 19 I. & N. Dec. 386 (BIA 1986), THE BIA HELD THAT IN ADJUDICATING AN APPLICATION FOR RECOGNITION AS A NON-PROFIT OR CHARITABLE ORGANIZATION PROVIDING… CONTINUE
AN APPLICATION PER 8 CFR § 1292.2(a) FOR RECOGNITION AS A NON-PROFIT OR CHARITABLE ORGANIZATION
BIA HOLDS THAT, IN ADJUDICATING AN APPLICATION PER 8 CFR § 1292.2(a) FOR RECOGNITION AS A NON-PROFIT OR CHARITABLE ORGANIZATION PROVIDING LOW-COST OR FREE LEGAL REPRESENTATION, THE BOARD WILL NOT RULE FAVORABLY… CONTINUE
LRIS Helps San Francisco Immigration Court
The LRIS (Lawyer Referral and Information Service) of the Bar Association of San Francisco has been helping the San Francisco Immigration Court for over two and a half decades. The… CONTINUE
California Assembly
California Assembly Bill (AB) 60 (Chapter 524: Statutes of 2013) requires the Department of Motor Vehicle to issue an original driver license to an applicant who is unable to submit… CONTINUE
BIA DISTINGUISHES Moncrieffe v. Holder, REAFFIRMS Matter of Davey IN HOLDING THAT, TO DETERMINE REMOVABILITY UNDER INA § 237(a)(2)(B)(i), THE IJ SHOULD USE A CIRCUMSTANCE-SPECIFIC INQUIRY INTO THE CHARACTER OF THE RESPONDENT’S CONDUCT ON A SINGLE OCCASION, NOT A CATEGORICAL INQUIRY INTO THE ELEMENTS OF A SINGLE CRIME.
On September 18, 2014, the Board of Immigration Appeals (BIA), in an extensive opinion, overturned the decision of the Immigration Judge (IJ), holding that the U.S. Supreme Court case of… CONTINUE
BIA HOLDS THAT ONE CONVICTED UNDER INA § 212(a)(2)(B) OF TWO OR MORE OFFENSES FOR WHICH THE AGGREGATE SENTENCES WERE FIVE YEARS OR MORE IS INELIGIBLE FOR CANCELLATION OF REMOVAL FOR NONPERMANENT RESIDENTS PER INA §240A(b)(1)(C).
On September 23, 2014, the Board of Immigration Appeals (BIA), dismissing an appeal and reinstating a grant of voluntary departure, held that the language of INA § 240A(b)(1)(C)—which makes ineligible… CONTINUE
