October 01, 2011
On Monday, September 26, 2011, the Washington Post published a story about Paula Godoy, a client of the Law Offices of Ricky Malik, P.C. Ms. Godoy was in her final hours before deportation and at the 11th hour, through hard work, we won a stay of removal. For the full story, wonderfully written by Post report Eli Saslow, see below. […]
August 30, 2011
The Immigration world has been abuzz in recent weeks following releases from the White House and DHS. There has been a lot of “stuff” put out there and we want to help you get to the truth, using facts. To do so we need to understand the lead up. On June 17, 2011, two memos were released by ICE chief, […]
August 29, 2011
Cases to consider when seeking a continuance: Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009) (1) An alien’s unopposed motion to continue ongoing removal proceedings to await the adjudication of a pending family-based visa petition should generally be granted if approval of the visa petition would render him prima facie eligible for adjustment of status. Matter of Garcia, 16 I&N […]
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 14, 2011
In a single page decision, the Attorney General of the United States in Matter of Dorman, 25 I&N Dec. 485 (A.G. 2011) remands a case for the Board to consider his questions, amongst which, “whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act. Ricky […]
May 12, 2011
Matter of M-A-M Ricky Malik, Esq. www.rmlegal.com
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 06, 2011
The Board of Immigration Appeals in a recent decision determined that a child of 14 who probably can’t read, write or speak English is old enough to accept and comply with confusing legal documents issued by very friendly border agents. The BIA held that “Personal service of a Notice to Appear (Form I-862) on a minor who is 14 years of age or older […]
March 07, 2011
The Board of Immigration Appeals (BIA) stated in Matter of Eslamizar, 23 I&N Dec. 684 (BIA 2004) “It is a bedrock principle of the Constitution of the United States that each element of an offense or crime must be proved beyond a reasonable doubt. E.g., Apprendi v. New Jersey, 530 U.S. 466 (2000); In re Winship, 397 U.S. 358 (1970). It is beyond debate, therefore, that […]
