Law Offices of Ricky Malik, P.C. now on Twitter! Follow us at rmlegal
Law Offices of Ricky Malik, P.C. now on Twitter! Follow us: www.twitter.com/rmlegal We will tweet you.
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BIA on Sentence “actually imposed”: suspended execution of sentence vs imposition of sentence suspended
All too often any criminal sentence imposed is considered the actual punishment in the Immigration context. The Board of Immigration Appeals addressed this issue 15 years ago in Matter of Esposito, 21 I&N Dec. 1 (BIA 1995). “For purposes of section 212(a)(10) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(10) (1988), and its successor provision at section 212(a)(2)(B) […]
4th Circuit Court of Appeals holds 245(i) does not waive 212(a)(9)(C)(i)(I)’s reentry after unlawfully present for 1 year bar
The Fourth Circuit Court of Appeals joined the Second and Sixth Circuit to affirm the Board of Immigration Appeals’ decision in Matter of Briones, 24 I&N Dec. 355 (BIA 2007). The Fourth Circuit determined that an applicant who seeks to adjust status under INA 245(i) (8 USC 1255(i)) does not automatically over come INA 212(a)(9)(C)(i)(I)’s bar. INA 212(a)(9)(C)(i)(I) deems a foreign national inadmissible if […]
BIA on Admission: Matter of Graciela QUILANTAN, 25 I&N Dec. 285 (BIA 2010). Need only prove procedural regularity
It seems that this decision can have far-reaching consequences. The concept of admission and being admitted forms one of the cornerstones of adjusting status in the United States to Lawful Permanent Resident (LPR or green card status). This decision could open the door allowing TPS holders to adjust status based on their “admission” pursuant to INA 244. Or possibly for […]
Supreme Court addresses Coram Nobis & All Writs Act (Post Conviction Relief)
“The writ of coram nobis is an ancient common-law remedy designed “to correct errors of fact.” United States v. Morgan , 346 U. S. 502, 507 (1954). In American jurisprudence the precise contours of coram nobis have not been “well defined,” Bronson v. Schulten , 104 U. S. 410, 416 (1882), but the writ traces its origins to the King’s Bench and the Court of Common Pleas. United States v. Plumer , 27 F. Cas. 561, […]
Law Offices of Ricky Malik, P.C. Launches on Facebook!
The Law Offices of Ricky Malik, P.C. has launched on Facebook! Click here to view page: Facebook
Supreme Court: The Landmark Drug Case addressing Aggravated Felonies
In December 2006, in an 8-1 decision, the Supreme Court reversed years of blanket rulings that held almost all drug crimes to be aggravated felonies. INA 101(a)(43)(B) defines an aggravated felony to include “illicit trafficking in a controlled substance (as described in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, […]
“How do I Locate Someone in Immigration Detention?” – Immigration Brochure
Online Detainee Locator System –
Immigration’s Stance on Drug Paraphernailia
The Board of Immigration Appeals (BIA) issued a decision in November 2009, Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009) where it had to decide how drug paraphernalia offenses should be treated under the inadmissiblity provisions of the immigration laws. The Board did find that drug paraphernalia can render an alien inadmissible, but left open the possiblilty for a foreign […]
Eligibility for Adjustment of Status (Greencard) under Section 245(i) is not barred due to unauthorized employment
The Board of Immigration Appeals (BIA) determined on April 30, 2010 in Matter of ALANIA, 25 I&N Dec. 231 (BIA 2010) that a foreign national who is eligible to adjust status, in other words receive a greencard, through Section 245(i) of the Immigration and Nationality Act, cannot be denied due to unauthorized employment. Section 245(i) was a provision of the law […]
