U.S. Citizenship and Immigration Services (“USCIS”) has announced implementation of an online registration process for the upcoming FY2021 H-1B lottery, applicable to all new* cap-subject H-1B petitions. Employer Petitioners seeking… CONTINUE
BIA Holds That Torturous Conduct Committed By A Public Official Who Acts “In An Official Capacity,” That Is, “Under Color Of Law,” Is Covered By The Convention Against Torture, But Such Conduct By An Official Who Is Not Acting In An Official Capacity, Known As A “Rogue Official,” Is Not Covered By The Convention. The Key Consideration In Determining If A Public Official Was Acting Under Color Of Law Is Whether He Was Able To Engage In Torturous Conduct Because Of His Government Position Or If He Could Have Done So Without A Connection To The Government.
On December 6, 2019, the Board of Immigration Appeals (BIA or Board) in a lengthy and extensively footnoted decision, dismissed the appeal of a respondent whose applications for political asylum,… CONTINUE
BIA Holds That The Reopening Of Proceedings To Terminate A Grant Of Asylum Is Warranted If DHS Has Demonstrated That Evidence Of Fraud In The Original Proceeding Was Not Previously Available And Is Material Because, If Known, It Would Likely Have Opened Up Lines Of Inquiry That Could Call An Applicant’s Eligibility For Asylum Into Doubt.
On November 8, 2019, the Board of Immigration Appeals (BIA or Board) sustained a DHS appeal, reopened removal proceedings and remanded the record to the Immigration Judge (IJ) so that… CONTINUE
BIA Requests Amicus Curiae Briefs
On November 6, 2019, the Board of Immigration Appeals (BIA or Board) issued an amicus invitation welcoming parties to brief whether the U.S. Supreme Court’s opinion in Esquirel-Quintana v. Sessions,… CONTINUE
BIA Requests Amicus Curiae Briefs
On November 5, 2019, the Board of Immigration Appeals (BIA or Board) issued an amicus invitation welcoming interested parties to brief whether an Immigration Judge errs in terminating proceedings when… CONTINUE
BIA Holds That To Qualify For A Waiver Of Inadmissibility Under INA §209(c), One Who Is Found To Be A Violent Or Dangerous Individual Must Establish Extraordinary Circumstances, Which May Be Demonstrated By A Showing Of Exceptional And Extremely Unusual Hardship To The Applicant Or His Qualifying Relatives. Matter of Jean, 23 I&N Dec. 373 (A.G. 2002) Followed. Even If One Establishes This Level Of Hardship, The Favorable And Adverse Factors Must Be Balanced To Determine If A Waiver Should Be Granted In The Exercise Of Discretion.
On November 1, 2019, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of a grant of Respondent’s application for an INA §209(c) waiver of inadmissibility and… CONTINUE
Attorney General Barr Holds That The Tests Set Forth in Matter of Cota Vargas, Matter of Song And Matter of Estrada Will No Longer Govern The Effect Of State Court Orders That Modify, Clarify Or Otherwise Alter A Criminal Respondent’s Sentence. Such State Court Orders Will Be Given Effect For Immigration Purposes Only If Based On A Procedural Or Substantive Defect In The Underlying Criminal Proceeding; These Orders Will Have Effect For Immigration Purposes If Based On Reasons Unrelated To The Merits Of The Underlying Criminal Proceeding, Such As Rehabilitation Or The Avoidance Of Immigration Consequences.
On October 25, 2019, Attorney General (AG) William Barr issued a decision in a case which he had, on May 28, 2019, directed the Board of Immigration Appeals (BIA or… CONTINUE
Attorney General Barr Holds That The Immigration And Nationality Act’s “Good Moral Character” Standard Requires Adherence To The Generally Accepted Moral Conventions Of The Community And That Criminal Activity Is Probative Of Non-Adherence To Such Conventions. Therefore, Evidence Of Two Or More Convictions For Driving Under The Influence During The Relevant Period Establishes A Presumption That One Lacks Good Moral Character Under INA §101(f). Because Only Those Who Possess Good Moral Character For A 10-Year Period Are Eligible For Cancellation Of Removal Per INA §240A(b), Such Evidence Presumptively Establishes That One’s Application For That Discretionary Relief Should Be Denied.
On October 25, 2019, Attorney General (AG) William Barr issued a decision in a case previously decided by the Board of Immigration Appeals (BIA or Board). On December 3, 2018,… CONTINUE
A Conviction For Dissuading A Witness Under California Penal Code §136.1(b)(1) Is Categorically An Aggravated Felony Obstruction Of Justice Offense Per INA 101(a)(43)(S). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) Followed. The Holding In Matter of Valenzuela Gallardo May Be Applied Retroactively.
On October 18, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent for the second time, finding that his conviction for dissuading a witness… CONTINUE
BIA Holds That Offense Of Menacing In Violation Of Section 163.190 Of The Oregon Revised Statutes Is Categorically A Crime Involving Moral Turpitude. The Actual Infliction Of Fear Is Not Necessary For The Crime To Categorically Involve Moral Turpitude, Where The Statute Requires Evil Or Malicious Intent And The Level Of Threatened Harm, Or Magnitude Of Menace Implicit In The Threat, Is Serious And Immediate. Matter Of Solon, 24 I&N Dec.239 (BIA 2007), Distinguished.
On October 11, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent contesting the pretermission of his application for cancellation of removal under INA… CONTINUE
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