As of 12/24/10, USCIS receipted 32,062 petitions toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 28,053 approved and 4,009 pending petitions.
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In order for Petitioner to pursue an argument never presented to the BIA, the BIA must (1) identify a claim not presented by the petitioner; (2) exercise its discretion to entertain it; and (3) decide the matter in a full opinion. (Garcia-Carbajal v. Holder, 11/5/10)
DHS and Seneca Nation of Indians Announce Agreement to Develop Enhanced Tribal Card
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USCIS notice for naturalization applicants that on 1/5/11, some civics tests answers will change due to the recent federal elections. The notice includes guidance for answering questions 20, 23, and 47 on the civics test on or after 1/5/11.
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The court held that shooting at an inhabited dwelling or vehicle in violation of Cal. Penal Code §246 is not categorically a crime of violence as defined under 18 USC §16(b). (Covarrubias Teposte v. Holder, 10/26/10)
Aggravated felony crime of violence
Shooting at an inhabited dwelling or vehicle in violation of CA PC §246 is not a crime of violence
Under immigration reform USA, here are exceptions to the priorities of deportation
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The first issue of “E-Verify Connection,” a USCIS e-newsletter with updates and information regarding E-Verify, includes information on an expanded photo matching capability, Puerto Rico birth certificates, updated materials on the E-Verify website, webinars, and more.
“E-Verify Connection” a USCIS e-newsletter
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The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
H-2A Petitioners on prohibited fees
Petitioner to pursue an argument never presented to the BIA
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The court found Petitioner ineligible for AOS for presenting a U.S. birth certificate in attempting to enter, and ineligible for cancellation because physical presence was interrupted when he withdrew his application for admission. (Valadez-Munoz v. Holder, 10/28/10)
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The court found reasonable the BIA’s determination that robbery under Cal. Penal Code §211 is a crime involving moral turpitude for purposes of INA §212(a)(2)(A)(i)(I). (Mendoza v. Holder, 10/27/10)
crime involving moral turpitude
Multiple Laws Exist to Make You Removable
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The court held that an alien released on conditional parole under INA §236 is not “paroled into the United States” for purposes of eligibility for adjustment of status under INA §245. (Delgado-Sobalvarro v. Att’y Gen. of the U.S., 11/2/10)
Conditional parolee not eligible for adjustment of status
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 