Philip Levin & Associates

Immigration Law

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AAO Designates Adopted Decision, Clarifying That A Beneficiary Who Worked Abroad For A Qualifying Multinational Organization For At Least One Year, But Left Its Employ For A Period Of More Than 2 Years After Being Admitted To The U.S. As A Nonimmigrant, Does Not Satisfy The One-In-Three Year Foreign Employment Requirement

AAO Designates Adopted Decision, Clarifying That A Beneficiary Who Worked Abroad For A Qualifying Multinational Organization For At Least One Year, But Left Its Employ For A Period Of More… CONTINUE

Attorney General Sessions Denies Request Of DHS That He Suspend Briefing Schedules And Clarify Question Presented And Grants, In Part, Parties Request For Extension Of Deadline For Submitting Briefs.

On March 30, 2018, Attorney General Sessions issued an order addressing requests from both parties in a case he had previously referred to himself for review. The parties had been… CONTINUE

BIA Holds That The Offense Of Attempted Voluntary Manslaughter Under California Penal Code Sections 192(A) And 664, Which Requires The Specific Intent To Cause Another Person’s Death, Is Categorically An Aggravated Felony Crime Of Violence Per INA § 101(A)(43)(F), Despite The Fact That The Completed Offense Of Voluntary Manslaughter Itself Is Not Such An Aggravated Felony.

On March 15, 2018 the Board of Immigration Appeals (BIA or Board), sustained the appeal of a decision of the Immigration Judge (IJ) terminating removal proceedings on the ground that… CONTINUE

BIA Holds That In Deciding Whether A State Offense Is Punishable As A Felony Under The Federal Controlled Substances Act (CSA) And Is Thus An Aggravated Felony Drug Trafficking Crime Per INA §101(A)(43)(B), IJ’s Need Not Look Solely To The CSA Provision Most Similar To The State Statute Of Conviction.  Respondent’s Conviction Under §2C:35-7 Of The New Jersey Statutes For Possession With Intent To Distribute Cocaine Within 1,000 Feet Of School Property Is An Aggravated Felony Drug Trafficking Crime Because The State Offense Satisfies All Of The Elements Of 21 U.S.C. §841(A)(1) Of The CSA And Would Be Punishable Under That Provision.

On March 14, 2018, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of an Immigration Judge (IJ) finding that respondent was not removable per INA §237(a)(2)(A)(ii)… CONTINUE

BIA Holds That In Deciding On Whether To Consider A Border Or Airport Interview In Making A Credibility Determination, An IJ Should Assess The Accuracy And Reliability Of The Interview Based On The Totality Of The Circumstances, Rather Than Relying On Any One Factor In A List Or On A Mandated Set Of Inquiries.

On February 20, 2018, the Board of Immigration Appeals (BIA or Board) issued a decision dismissing an appeal in a case where the respondent had stated at a border interview… CONTINUE

BIA Holds That In Removal Proceedings Arising Within The Jurisdiction Of The Fifth And Ninth Circuits, One Who Was “Waved Through” A Port Of Entry Has Established An Admission “In Any Status” Within The Meaning Of INA §240A(a)(2). Tula-Rubio v. Lynch, 787 F.3d288 (5th Cir. 2015) And Saldivar v. Sessions, 877 F.3d 812 (9th Cir. 2017) Followed In Those Jurisdictions Only. In Proceedings In All Other Circuits, To Establish Continuous Residence In The U.S. For 7 Years, One Must Prove That He Or She Possessed Some Form Of Lawful Immigration Status At Admission.

On January 29, 2018, the Board of Immigration Appeals (BIA or Board) held, in a disputed 2-1 decision, that it would recognize “wave through” entries as evidence of an admission… CONTINUE

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