Category: Removal & Deportation

“An alien is not independently “grandfathered” for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. 1255(i) (2006), simply by virtue of marriage to another alien who is “grandfathered” under section 245(i) as the result of having been a derivative beneficiary of a visa petition.”  Matter of Legapsi 25 I&N Dec. 328 (BIA […]

The Transactional Records Access Clearinghouse found that the Denial Rate by Immigration Judges have dropped to a 25 year low. A large part for this according to TRAC:  “[T]he total number of asylum requests has been falling, that a higher proportion of asylum seekers are now represented by counsel[.]” To read the report click here. Ricky Malik, Esq. www.rmlegal.com

ICE released a defensive statement in support of its Secure Communities program in response to alleged “false claims” made by several immigration organizations and advocates.  ICE claims transparency and accountability which may be a suprise to many.

In this difficult economy, a question I am often asked is if bankruptcy or foreclosing on a home will lead to problems with Immigration.  I simply reply “Immediate Deportation. The U.S. will not allow fiscally irresponsible people to remain in the country.”  Then I smile and say “Just kidding.” No, it won’t. In terms of obtaining lawful permanent residency (Greencard), there are only affidavit of support requirement […]

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 X-M-C-, Interim Decision #3693, 25 I&N Dec. 322 (BIA 2010) (1) A determination that an alien has filed a frivolous application for asylum, pursuant to section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2006), can be made in the absence of a final decision on the merits of the asylum application. (2) Withdrawal of […]

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 […]

Matter of Casillas-Topete, Interim Decision #3692, 25 I&N Dec. 317 ( BIA 2010) In order to commence proceedings against an alien for purposes of sections 204(g) and 245(e)(2) of the Immigration and Nationality Act, 8 U.S.C. §§ 1154(g) and 1255(e)(2) (1994), an Order to Show Cause and Notice of Hearing (Form I-221) that was issued on or after June 20, […]

Transparency will decrease as the Executive Office for Immigration Review makes it more difficult to determine hearing dates.  The new system requires us to determine dates of issuance of charging document in order to use the oft relied on EOIR 800#.   For any attorney who has practiced regularly in the Immigration Courts, especially like me who have handled a large number […]