Burden of Proof as to competency
A competent testator or settlor may dispose of his or her property as he or she wishes, without regard to the desires of prospective beneficiaries…
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BALCA Reverses Denial due to due process
BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment…
USCIS Designates Matter of L-S-M- as an Adopted Decision
USCIS issued a policy memorandum designating Matter of L-S-M- as an AAO adopted decision, which establishes this decision as policy guidance that applies to and binds all USCIS…
CBP opens another holding facility
CBP announced that it is setting up a temporary holding facility adjacent to the Donna-Rio Bravo International Bridge in Donna, Texas, to provide additional capacity for…
Theft Offense explained
Matter of IBARRA, 26 I&N Dec. 809 (BIA 2016) ID 3872 (1) A “theft offense” under section 101(a)(43)(G) of the Immigration and Nationality Act, 8…
Theft offense
Matter of DIAZ-LIZARRAGA, 26 I&N Dec. 847 (BIA 2016) (1) A theft offense is a crime involving moral turpitude if it involves a taking or…
Court Finds Petitioner’s Maine Assault Conviction Was Not a “Crime of Violence”
On rehearing, the First Circuit vacated the BIA’s decision and remanded, holding that under Moncrieffe v. Holder the petitioner’s 2006 Maine conviction for assault was not a “crime of…
AAO Sustains Appeal of TSC “Extraordinary Ability” Denial for Judo Coach
In a non precedent decision, the AAO held that the petitioner, a judo athlete transitioning his career from competing to coaching, met the burden of proof…
Court Says No Rational Basis Between Chronic Alcoholism and a Lack of Good Moral Character
The Ninth Circuit granted the petition for review of the BIA decision, finding the petitioner ineligible for cancellation of removal or voluntary departure because he lacked good…
Court Upholds Asylum Denial Where Chinese Petitioner Claimed to Fear Persecution Based on Religion
The Sixth Circuit found that the IJ’s adverse credibility determination was supported by substantial evidence, and that the petitioner, who claimed that her Christian beliefs would subject…
Court Says Car Failure Does Not Constitute Exceptional Circumstances Justifying a Motion to Reopen
As a matter of first impression, the Ninth Circuit held that a car’s mechanical failure does not alone compel granting a motion to reopen based on exceptional…
Court Remands for Reconsideration of CAT Eligibility of Petitioner with Ties to Mexican Drug Cartel
Where the petitioner contended that his removal to Mexico would result in his death at the hands of the notorious La Linea drug cartel, the Seventh…