Category: Removal & Deportation

Most states have a set procedure.  You have to communicate with the governor’s office. Ricky Malik, Esq.

In Matter of  Matter of Garcia, 25 I&N Dec. 332 (2010), the BIA held that “A conviction for a single crime involving moral turpitude that qualifies as a petty offense is not for an “offense referred to in section 212(a)(2)” of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2) (2006), for purposes of triggering the “stop-time” rule in section 240A(d)(1) of […]

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. § […]

A memo circulated entitled Administrative Alternatives to Comprehensive Immigration Reform.  It is not yet official and it is unclear how it was leaked but it is indicative of the direction of some within ICE/USCIS.  This memo along with the recent John Morton memo brings some hope that ICE and USCIS will consider taking fair and just action.  However, there seems to […]

The John Morton Memo of August 20, 2010 on terminating removal proceedings for aliens with pending or approved applications or petitions. A welcome directive from ICE Assistant Secretary John Morton. Ricky Malik, Esq.

Now that USCIS has the uniform denial language, we look forward to the uniform approval language memorandum which hopefully will be forthcoming. Ricky Malik, Esq.