Category: Removal & Deportation

On Tuesday, October 26, 2010 Senior Attorney and Litigator Ricky Malik presented arguments on behalf of a client before the Fourth Circuit Court of Appeals sitting in Richmond, Virginia. The case involved a review of a denial of an asylum, witholding and Convention Against Torture (CAT) claim from the Board of Immigration Appeals.  The client had a genuine fear of returning to his […]

The Fourth Circuit, in an appeal of a criminal case, upheld a conviction for false claim of citizenship on an I-9 Form.  An I-9 is the form anyone seeking employment in the United States, and their employers, must complete in order to work.  In this case a former TPS holder’s misrepresentation as a U.S. Citizen on the I-9 was deemed […]

In a confusing decision, the 5th Circuit Court of Appeals held that the automatic 240-day extension of employment authorization that accompanies an extension of nonimmigrant status under does not provide lawful immigration status for purposes of INA §§245(c)(2) and 245(k)(2)(A). This is a very confusing issue, and one that our firm also runs into a lot with Temporary Protected Status (TPS) […]

The June 2010 Immigration Law Advisor (a publication by the Immigration Court System) focused heavily on gang based asylum cases.  The publication, whose target audience is Immigration Judges across the U.S., tries to convince the reader of the non-availability of a social group in gang related asylum cases.   It does however end with the belief that there is nonetheless an […]

There are unfortunately times (usually when an immigrant is detained due to an unfair immigration detention system) that the non-citizen no longer wants to continue to fight against the U.S. Government to stay in the United States.  The immigrant is forced to give up.  In that situation, a stipulated order of removal is required.  The Office of the Chief Immigration Judge […]

A memorandum on ICE guidance when they release foreign nationals on an Order of Supervision or Release on Recognizance. Specifically, how often you should be asked to report. Ricky Malik, Esq.

Thankfully, the Immigration Courts (also known as the Executive Office for Immigration Review or EOIR) scaled back their proposed changes to the Court 800 information number. This may have been a bigger deal to immigration lawyers and advocates than to anyone else, but I’m sure any immigration practitioner will tell you how often they can determine what is happening with an immigrants […]

The Board of Immigration Appeals (BIA) held in Matter of C-T-L, 25 I&N Dec. 341 (BIA 2010): The “one central reason” standard that applies to asylum applications pursuant to section 208(b)(1)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(1)(B)(i) (2006), also applies to applications for withholding of removal under section 241(b)(3)(A) of the Act, 8 U.S.C. § 1231(b)(3)(A) (2006). The […]

Recently the 3rd Circuit and previously the 4th Circuit Court of Appeals have issued precedential decisions pertaining to Temporary Protected Status (TPS).  Both decisions were limiting interpretations of the TPS regulations, thereby reducing the number of foreign national who are eligible for TPS. The Fourth Circuit Court of Appeals which presides over Virginia, West Virginia, North Carolina, South Carolina found in Cervantes v. Holder, 597 F.3d 229 […]

“Arlington became one of the first communities in the country to reject a national immigration enforcement program today when the County Board voted 5-0 against the county’s participation in that program.” Hooray for Arlington, VA.  Standing up against anti-immigrant fervor.