Recent Published AAO Decisions: Matter of Leacheng International, INC., 26 I&N Dec. 532 (AAO 2015); In the context of an I-140 Petition for a multinational manager or executive, there is no requirement that the beneficiary has been “doing business” with an outside third party pursuant to 8 C.F.R. § 204.5(j()2)…
Recent Published AG Decision: Matter of Silva-Trevino, 26 I&N Dec. 550 (AG 2015); Attorney General Holder (now former) completely vacated former AG Mukasey’s decision in 2008’s landmark decision, Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008)-please hold your applause to the end. AG Holder recognized that five of the…
A Federal Court Judge recently banned the U.S. Government from using deterrence as a basis for denying the release of women and children from immigration detention facilities. Article about the Decision: http://www.huffingtonpost.com/2015/02/20/immigration-detention-injunction_n_6724662.html Copy of the Judge’s Opinion: http://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2015cv0011-33 District Court Judge James E. Boasberg, from the U.S. District Court for…
The Board of Immigration Appeals recently published two new cases. Matter of Chairez discusses how Immigration Judges and the Board will employ the modified categorical approach as it applies to whether criminal statutes are divisible. Matter of Cross discusses who is considered a legitimated child for the purposes of deriving…
Moones Mellouli came to the United States legally and became a lawful permanent resident. He went to college and attained multiple advanced educational degrees and became a professor. In 2009 he was arrested for DUI and the police found Adderall pills in his sock. Adderall is a drug that requires…
When a non-citizen is a lawful permanent resident (LPR), they are usually allowed to leave the U.S. and return almost as easily as a citizen. There are certain circumstances when LPRs who are returning to the U.S. will be treated like other non-citizens. Those situations include when the LPR has…
A Florida court recently issued a decision that will have wide-ranging effects on how non-citizen criminal defendants approach their criminal cases. This decision makes it clear that every criminal defendant who is not a U.S. citizen should strongly consider hiring or consulting with an experienced immigration attorney before they even…
Recent Published BIA Decisions: Matter of Hernandez, 26 I&N Dec. 464 (BIA 2015); The Board held that in order for a crime to be considered a crime involving moral turpitude (CIMT) a criminal recklessness mens rea coupled with no actual physical harm was sufficient to meet the definition of a…
The Board of Immigration Appeals recently published a decision that provided guidance on when state statutory rape statutes are considered sexual abuse of a minor aggravated felonies. In Matter of Esquivel-Quintana, 26 I&N Dec. 469 (BIA 2015), the Board held that in order for a consensual sex offense involving a…
The Board of Immigration Appeals recently published a decision wherein they addressed the level of harm required for a conviction to constitute a crime involving moral turpitude (CIMT). In Matter of Hernandez, 26 I&N Dec. 464 (BIA 2015) the Board held that in order for a crime to be considered…