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Ricky Malik, Esq. www.rmlegal.com
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Video Blog: The N-648: English language exemption for the U.S. Citizenship
Ricky Malik, Esq. www.rmlegal.com
Fourth Circuit Decision on Evidence, IJ failure
Tassi v. Holder: “In sum, the IJ committed multiple legal and factual errors. In the first category, the IJ erroneously (1) applied the rules of evidence; (2) suggested that corroborative evidence requires further corroboration; and (3) discredited documents as unauthenticated under the immigration regulations without providing Tassi an opportunity to authenticate them by other means and without otherwise providing sound, […]
Not every returning Green card holder is an “applicant for admission” and Accessory after the face is CIMT only if underlying cr
Matter of Rivens, 25 I&N Dec. 623 (BIA 2011) (full case below): “(1) In order to establish that a returning lawful permanent resident alien is to be treated as an applicant for admission to the United States, the Department of Homeland Security has the burden of proving by clear and convincing evidence that one of the six exceptions to the […]
“Solicitation” is not an “attempt” or “conspiracy”, but it can still be an Aggravated Felony
The Board of Immigration Appeals in Matter of Luis Manuel GUERRERO held that “solicitation” of a crime is different from and “attempt” or “conspiracy” to commit a crime. This nuance of language is significant because the section of the Immigration code that defines what crimes are Aggravated Felonies (AF) has a catchall in INA 101(a)(43)(U) which states that “an attempt or conspiracy […]
Immigration can take your Greencard (LPR) away after 5 years
The Board of Immigration Appeals in Matter of Cruz De Ortiz issued a decision overturning the long held belief by many that your greencard (LPR) status cannot be taken away once five (5) years passes. The BIA held that INA 246(a) rescission of LPR status is available beyond 5 years for those who obtained Immigrant Visa from Consulate. That is […]
TRAC finds Immigration Courts taking longer to decide cases, mired in backlogs
http://trac.syr.edu/immigration/reports/244/ Ricky Malik, Esq. www.rmlegal.com
TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge
The Board of Immigraton Appeals in Matter of FIGUEROA determined that “When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS.” Figueroa […]
Renewal of 751Removal of Conditions before the Immigration Judge: New evidence allowed
An Immigraton Judge should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. Matter of Herrera Del Orden, 25 I&N Dec. 589 (BIA 2011). Herrera Del Orden Ricky Malik, Esq. www.rmlegal.com
TPS adjustment no go in 11th Circuit
The Eleventh Circuit Court of Appeals dealt a blow to the argument that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decision below in Serrano vs. Attorney General. Serrano TPS 11th Circ Ricky Malik, Esq. www.rmlegal.com
