Category: Crim Imm – Crimigration

The Board of Immigration Appeals (BIA) in Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) held that an Immigration Judge can review and consider whether to modify the conditions of release imposed upon a  foreign national by DHS ICE. This means that if Immigration and Customs Enforcement gives a foreign national the option of paying a bond to be released and/or […]

Office of Immigration Litigation publishes Immigration Consequences of Criminal Convictions in response to Supreme Court decision in Padilla vs. Kentucky. I disagree with some of their analysis on exceptions and waivers including the one for drug possession crimes and crimes of violence aggravated felonies, to name a few.  Nonetheless, it is very instructive for the non-immigration litigator. “In view of the Supreme Court’s […]

The BIA addressed convictions for solicitating a prostitute in Matter of GONZALEZ-ZOQUIAPAN , 24 I&N Dec. 549 (BIA 2008) and found that: A single act of soliciting prostitution on one’s own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(D)(ii) (2006), which provides for the inadmissibility of an alien who “procured . . . prostitutes […]

The Board of Immigration Appeals in Matter of Fidel Antonio SANCHEZ-CORNEJO, 25 I&N Dec. 273 (BIA 2010) held that “The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating […]

In Matter of CASILLAS-TOPETE, 25 I&N Dec. 317 (BIA 2010) the Board of Immigration appeals held that ” An alien is removable under section 237(a)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(A) (2006), as one who was inadmissible at the time of entry or adjustment of status pursuant to section 212(a)(2)(C) of the Act, 8 U.S.C. § […]

ICE boss John Morton issues his latest memo on how the cases of  foreign nationals in Immigration Court should be treated when the non-citizen has a petition pending before USCIS.  He indicates, the court cases should be terminated if an immediate beneift is available and no other concerning issues are present. Ricky Malik Attorney at Law

Matter of Pedroza, Interim Decision #3691, 25 I&N Dec. 312 (BIA 2010) An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), if his crime is punishable by imprisonment for a period of less than a year and […]

Matter of Cortez Canales, Interim Decision #3690, 25 I&N Dec. 301 (BIA 2010) (1) An alien who has been convicted of a crime involving moral turpitude for which a sentence of a year or longer may be imposed has been convicted of an offense “described under” section 237(a)(2) of the Act, 8 U.S.C. § 1227(a)(2) (2006), and is therefore ineligible […]

One of the most brutal and punishingly tools in immigration’s arsenal is being able to detain foreign nationals and specifically deeming them as Mandatory Detainees.  After years of adverse decisions, there is some relief in light of repeated Circuit Courts rejecting the Board of Immigration Appeals’ (BIA) draconian interpretations. On June 23, 2010, the BIA held in the Matter of […]

The Virginia State Bar released information about the increasing amount of immigration fraud that occurs by Immigration Consultants and Notarios who engage in what is known as the unauthorized practice of the law (UPL). The actions taken by such consultants and notaries need to be addressed and I applaud the VSB for taking such steps.  However, I would also add […]