The U.S. Supreme Court last week denied Certiorari to the state of Arizona in the case called Arizona Dream Act Coalition v. Brewer, which essentially paved the way for DACA recipients, or “Dreamers” to lawfully obtain driver’s licenses in Arizona. This is a benefit that the U.S. Court of Appeals…
The Board of Immigration Appeals recently issued a published decision that will effect many non-citizens who have been in the United States for many years. The Board’s decision in Matter of Velasquez-Cruz, 26 I&N Dec. 458 (BIA 2014) held that a non-citizen who is arrested and convicted of illegal entry…
Summary of Recent Published BIA Decisions: Matter of Munroe, 26 I&N Dec. 428 (BIA 2014); The Board held that when an alien applies for a waiver pursuant to INA § 216(c)(4)(A) (I-751 waiver petition under extreme hardship theory) the only period relevant for the determination of whether the requisite hardship…
Jeremy Lasnetski and John Gihon, partners with Lasnetski Gihon Law, will be panelists on multiple topics this weekend at AILA Central Florida’s Annual Conference in Clearwater Beach, Florida. The 28th Annual Fall Conference, entitled, “Basics and Beyond at the Beach” is a two-day conference at the Hyatt Regency Clearwater Beach…
Last time I discussed the situations where an immigrant in removal proceedings could seek to terminate proceedings to avoid removal from the United States. Today I will discuss motions to administratively close proceedings. While a successful motion to terminate removal proceedings usually removes an alien from jeopardy of deportation, a…
Recent Published BIA Decisions: Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014); Board held that Fla. Stat. § 893.13(1)(a)(1) (Sale/manufacture/delivery of a controlled substance or possession with intent to do so) is divisible, and may be an aggravated felony “illicit trafficking” offense under INA § 101(a)(43)(B) under certain circumstances.…
The Board of Immigration Appeals recently issued a decision that will have serious negative consequences for non-citizens convicted of marijuana (cannabis) possession. See Matter of Dominguez-Rodriguez, 26 I&N Dec. 408 (BIA 2014). The immigration laws in the U.S. make certain non-citizens removable (subject to deportation) if they are convicted of…
Many immigrants believe that if they accept the pre-trial intervention or diversion programs offered to criminal defendants after they are arrested, they will not face deportation from the United States. That is simply not true. To understand why, you must understand that there are two different laws that the U.S.…
Administrative Removal can be used to obtain an order of removal against almost any non-citizen, non-lawful permanent resident who has been convicted of an aggravated felony. Administrative removal can even be used against a condition lawful permanent resident, unless and until that person has the conditions of their permanent residency…
The Board of Immigration Appeals delivered a published decision recently finding that certain female victims of domestic violence may be eligible for asylum in the United States. The Board’s decision in Matter of A-R-C-G, 26 I&N Dec. 388 (BIA 2014) held that “married women in Guatemala who are unable to…