www.nyvisalawyer.com

Tag: Case Law

  • READJUSTMENT OF CONDITIONAL RESIDENTS

    READJUSTMENT OF CONDITIONAL RESIDENTS

    Matter of Stockwell On November 21, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it had updated its Policy Manual (PM) in a policy alert titled “Adjustment on New Basis After Termination of Conditional Permanent Residence” [PDF version]. An alien who is admitted to the United States as a conditional permanent resident…

    Read more...

  • FRAUD / MISREPRESENTATION

    Fraud & Misrepresentation Ground of Inadmissibility Inadmissibility for fraud or misrepresentation under section 212(a)(6)(C)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(i) (2018). Willful Misrepresentation Matter of O-M-O-, 28 I&N Dec. 191, 196 (BIA 2021) Cooper v. Harris, 137 S. Ct. 1455, 1465 (2017) Matter of MENSAH, 28 I&N Dec. 288 (BIA 2021)…

    Read more...

  • AGGRAVATED FELONIES (CASE LAW)

    AGGRAVATED FELONIES BIA CASE LAW Accessory After the Fact Matter of Batista, 21 I&N Dec. 955 (BIA 1997) (1) The offense of accessory after the fact to a drug-trafficking crime, pursuant to 18 U.S.C. §3 (Supp. V 1993), is not considered an inchoate crime and is not sufficiently related to a controlled substance violation to…

    Read more...

  • ARRIVING ALIEN (CASE LAW)

    Arriving Alien BIA Cases Matter of Gonzalez Romo, 26 I&N Dec. 743 (BIA 2016) Within the jurisdiction of the United States Court of Appeals for the Ninth Circuit, a returning lawful permanent resident who has a felony conviction for solicitation to possess marijuana for sale is inadmissible under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality…

    Read more...

  • ADMISSION

    BIA CASE LAW REGARDING ADMISSIONS Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014) (1) Adjustment of status constitutes an “admission” for purposes of determining an alien’s removability under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(iii) (2012), as an alien convicted of an aggravated felony “at any time after admission.”…

    Read more...

  • What Circuit’s Case Law is Controlling?

    What Circuit’s Case Law is Controlling?

    The Circuit Court with jurisdiction over the geographical location of the Immigration Court will control. See Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction…

    Read more...

  • Judicial Review

    INS v. St. Cyr 一 The Suspension Clause of the Constitution, which protects the privilege of the habeas corpus writ, requires some judicial intervention in deportation cases. Habeas courts have answered questions of law in challenges to executive interpretations of immigration law and questions of law arising in the discretionary relief context. Papageorgiou v. Gonzales 一 The…

    Read more...