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Category: Case Law

  • MATTER OF H-C-R-C- (2024 credibility & CAT)

    MATTER OF H-C-R-C- (2024 credibility & CAT)

    Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention…

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  • Supreme Court Temporarily Blocks Texas Immigration Law

    Supreme Court Temporarily Blocks Texas Immigration Law

    Republican Gov. Greg Abbott signed the measure, Senate Bill 4, into law in December 2023, granting local law enforcement the power to arrest migrants and judges the ability to issue orders to remove them to Mexico. This was just after US Customs and Border Protection announced it would be temporarily suspending operations at the international…

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  • An Incurable Notice to Appear

    An Incurable Notice to Appear

    Matter of Aguilar Hernandez January 31, 2024, the Board issued a decision in Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) finding: The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because…

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  • Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)

    Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)

    Given the significance of a respondent’s interest in securing review of a denial of a petition to remove the conditions on permanent residence, an Immigration Judge should ordinarily review the denial of a Form I-751 upon the request of the respondent. [Full Decision] Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023) At…

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  • Respondent With A Pending Appeal of a Criminal Conviction Does Not Have a Criminal Conviction

    Respondent With A Pending Appeal of a Criminal Conviction Does Not Have a Criminal Conviction

    The Board of Immigration Appeals published a decision holding that when a respondent has a pending appeal under section 460.30 of the New York Criminal Procedure Law the criminal conviction his not yet final and therefore the respondent has not been “convicted” as defined by INA §1101(a)(48)(A). Matter of Brathwaite Matter of Brathwaite, 28 I&N…

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  • When Is A Government “Unable or Unwilling” To Protect Someone

    When Is A Government “Unable or Unwilling” To Protect Someone

    When is a Government “unable or unwilling” to protect? The Board of Immigration Appeals (BIA), issued a precedential decision on asylum law, providing more guidance on how asylum applicants can meet the requirements of showing that a government is “unable or unwilling” to protect them from harm by private actors. Matter of C-G-T-, 28 I&N…

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  • Important Update on Deferred Action for Childhood Arrivals

    Important Update on Deferred Action for Childhood Arrivals

    On Sept. 13, 2023, the U.S. District Court for the Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful and expanding the original July 16, 2021 injunction and order of vacatur to cover the Final Rule. However, the court maintained a partial stay of the order for “all…

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  • Federal Judge Rules DACA Not Legal But Keeps Protections Intact For Current DREAMers

    Federal Judge Rules DACA Not Legal But Keeps Protections Intact For Current DREAMers

    Federal Judge rules DACA is illegal but says that the federal government does not have to take any action at this time.

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  • UNLAWFUL PRESENCE BARS CAN RUN IN THE US, BIA & USCIS AFFIRM

    UNLAWFUL PRESENCE AND THE THREE/TEN-YEAR-BAR Under the unlawful presence grounds of inadmissibility, the three- and ten-year bars at INA § 212(a)(9)(B) penalize people who are present in the US. without any lawful immigration status for more than 6 months and 12 months respectively. This could be overstaying a visa by failing to depart the US.…

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