November 25, 2011
The Board of Immigration Appeals (BIA) in an immigration case, Matter of Islam, 25 I&N Dec. 637 (BIA 2011) dealing with the issue of when do criminal acts arise out of a single scheme of criminal misconduct for purposes of whether someone should be removed (deported) for committing two crimes involving moral turpitude (CIMT). The Immigration Laws require the removal […]
November 20, 2011
Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (full case below): “(1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that one of the six exceptions to the […]
November 19, 2011
The Board of Immigration Appeals in Matter of Luis Manuel GUERRERO held that “solicitation” of a crime is different from and “attempt” or “conspiracy” to commit a crime. This nuance of language is significant because the section of the Immigration code that defines what crimes are Aggravated Felonies (AF) has a catchall in INA 101(a)(43)(U) which states that “an attempt or conspiracy […]
November 18, 2011
The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. The BIA held that INA 246(a) rescission of LPR status is available beyond 5 years for those who obtained Immigrant Visa from Consulate. That is […]
November 12, 2011
Ricky Malik, Esq. www.rmlegal.com
November 11, 2011
Ricky Malik, Esq. www.rmlegal.com
May 15, 2011
Could it be made any more expensive. So now if the entire record of conviction is not enough to prove its a Crime Involving Moral Turpitude (CIMT), the Government can go get whatever else they can find to make it a CIMT, even though a competent criminal judge convicted the person of a crime that is NOT a CIMT. Matter […]
May 09, 2011
I can’t tell you how many times I’ve met immigrants who received 12 months, all suspended (meaning the Criminal Judge wanted no jail time), who then face deportation because they have a one year sentence. Even prosecutors and Judges will later admit to not wanting the person deported when the sentence was handed down. The change in the State of […]
May 07, 2011
United States Citizenship & Immigration Services released final memo guidance for coordination with U.S. Immigration and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings before the Executive Office of Immigration Review (EOIR). Ricky Malik, Esq. www.rmlegal.com
May 04, 2011
United States Immigration & Customs Enforcement (ICE) has developed the below toolbox filled with goodies to be used by prosecutors who need the help of immigrants to prosecute a crime AND tools to ensure deportation. Tools to help cooperating witnesses include: Deferred Action, Administrative Stays of Removal, U, T & S visas. Tools to deport: Stipulated Orders. Tools to bring persons into […]
