November 21, 2011
Tassi v. Holder: “In sum, the IJ committed multiple legal and factual errors. In the first category, the IJ erroneously (1) applied the rules of evidence; (2) suggested that corroborative evidence requires further corroboration; and (3) discredited documents as unauthenticated under the immigration regulations without providing Tassi an opportunity to authenticate them by other means and without otherwise providing sound, […]
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 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 17, 2011
http://trac.syr.edu/immigration/reports/244/ Ricky Malik, Esq. www.rmlegal.com
November 17, 2011
The Board of Immigraton Appeals in Matter of FIGUEROA determined that “When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS.” Figueroa […]
November 16, 2011
An Immigraton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011). Herrera Del Orden Ricky Malik, Esq. www.rmlegal.com
November 15, 2011
The Eleventh Circuit Court of Appeals dealt a blow to the argument that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decision below in Serrano vs. Attorney General. Serrano TPS 11th Circ Ricky Malik, Esq. www.rmlegal.com
November 14, 2011
The Board of Immigration Appeals in Matter of T-Z-, 24 I&N Dec. 163 (BIA 2007) held physical harm is not necessary. Threats or severe economic deprivation can rise to the level of persecution. “(1) An abortion is forced by threats of harm when a reasonable person would objectively view the threats for refusing the abortion to be genuine, and the […]
November 12, 2011
Ricky Malik, Esq. www.rmlegal.com
November 11, 2011
Ricky Malik, Esq. www.rmlegal.com
