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The Board issued a major decision in the Crimigration area holding: “The misdemeanor offense of assault and battery against a family or household member in violation of section 18.2-57.2(A) of the Virginia Code Annotated is not categorically a crime of violence under 18 U.S.C. § 16(a) (2006) and therefore not categorically a crime of domestic violence within the meaning of section […]

In Johnson v. United States, the Supreme Court held that in order to constitute a “violent felony” under the relevant provisions of the Armed Career Criminal Act (“ACCA”), the level of “physical force” required for a conviction must be “violent force-that is, force capable of causing physical pain or injury to another person.” See 18 U.S.C. §§ 924(e)(1), (2)(B)(i) (2006). Simple battery under Florida […]

As a reminder to nationals and citizens from countries that were recently requried to register for TPS, the deadlines are as follows El Salvador:  September 7, 2010 Haiti:  Extended through January 18, 2011 Hondurans: Late Registration Still Open (Regular Registration ended July 6, 2010) Nicaragua: Late Registration Still Open (Regular Registration ended July 6, 2010) Below are the latest USCIS releases reminding Hondurans & […]

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for eligible nationals of El Salvador from the current expiration of Sept. 9, 2010, through the new expiration date of March 9, 2012. TPS El Salvador registration dates: July 9, 2010 until September 7, 2010. It is best to re-register […]

As of 7/9/2010: H-1B Regular Cap:  24,800 out of 65,000 H-1B Master’s Cap: 10,600 out of 20,000

On March 31, 2010, after decades of hundreds of thousands of immigrants being deported because of ineffective criminal lawyers, the Supreme Court issued a landmark decision to put criminal defense attorneys on notice:  No longer can they blindly and ineffectively compel clients to accept any deal offered by the prosecutor. In Padilla v. Kentucky, the Supreme Court held that the Sixth […]

The U.S. Court of Appeals for the Fourth Circuit refused to allow an Immigration Judge and the Board of Immigration Appeals to issue an adverse credibility finding (meaning conclude that an applicant for Asylum & related protections was not believable) based on the facts of someone else’s case. InJian Tao Lin v. Holder, No. 09-1269 (July 12, 2010), the Fourth Circuit […]

On July 12, 2010,U.S. Citizenship & Immigration Services (USCIS) announced that the initial registration period for Haitian Temporary Protected Status (TPS) has been extended until January 18, 2011. If you are a Haitian National or Citizen who continually resided in the United States from before January 10, 2010, you should consider contacting a competent Immigration Attorney to determine if you […]

Significant movement in some Employment Based categories. Click here to view full bulletin. Ricky Malik, Esq.

TPS Extension published in Federal Register July 2010 – Ricky Malik, Esq.