The number of pending cases in immigration courts looks poised to grow as the Trump administration begins removing undocumented immigrants who weren’t previously targeted. AILA board member Jeremy McKinney explained that the 2014 migrant wave at the southern border first put a strain on the interior immigration courts
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The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
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The new Green Cards and EADs will:
Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
Green Cards will have an image of the Statue of Liberty and a predominately green palette;
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Assault with a deadly weapon or force likely to produce great bodily injury under California law is categorically a crime involving moral turpitude. Ceron v. Holder, 747 F.3d 773 (9th Cir. 2014) (en banc), distinguished.
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A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young—that is, under 14 years of age—or is under 16 and the age differential between the perpetrator and victim is significant, or both, even though the statute requires no culpable mental state as to the age of the child. Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), clarified.
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Following a hearing yesterday, a federal judge in Hawaii granted the plaintiffs’ motion to convert the court’s temporary restraining order enjoining the government from enforcing or implementing Sections 2 and 6 of President Trump’s Executive Order 13780 nationwide to a preliminary injunction. The court concluded that the plaintiffs had met their burden of establishing a strong likelihood of success on the merits of their Establishment Clause claim, that irreparable injury was likely if the preliminary injunction was not issued, and that the balance of the equities and public interest counseled in favor of granting the requested relief.
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Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017)
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 