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EOIR has taken disciplinary action against 16 attorneys for violations of the Rules of Professional Conduct

EOIR press release announces that EOIR has taken disciplinary action against 16 attorneys for violations of the Rules of Professional Conduct for immigration attorneys and representatives. One attorney was reinstated by EOIR.

VSC Processing Time

The Vermont Service Center (VSC) Processing Time Report released 11/22/10 with processing dates as of 09/30/10. (Updated 11/22/10) AILA

ICE announces that two VA business owners were sentenced for hiring and harboring undocumented individuals

ICE press release announcing that two Virginia business owners of Hi-Tech Trucking and SeaLand Foods, were sentenced to 18 months in prison, two years probation, and forfeiture of $1.2 million, for their roles in hiring and harboring undocumented individuals.

Limitations on Adjustment of Status for K-1 Visas

Addressing but rejecting a number of arguments, the court held that Petitioner, who entered the U.S. on a K-1 visa but failed to marry the petitioning fiancé was not eligible for adjustment of status under INA §245. (Kalal v. Gonzales, 3/30/05)

IJ’s decision to terminate proceedings resulted in no final order of removal

The court distinguished Lolong v. Gonzales and found that it lacked jurisdiction over the petition for review because the IJ’s decision to terminate proceedings resulted in no final order of removal. (Galindo-Romero v. Holder, 9/2/10)

Jurisdiction to review the BIA’s decision on a Motion to Reopen

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Jurisdiction to review the BIA’s decision on a Motion to Reopen

The court reaffirmed Fernandez v. Gonzalez, finding jurisdiction to review the BIA’s decision on a motion to reopen that presents evidence so distinct from that considered previously as to make the motion a request for new relief. (Garcia v. Holder, 9/1/10)

Distribution of “Chemicals” is an aggravated felony drug trafficking crime

The court held that a conviction for distributing ephedrine and pseudoephedrine with reasonable cause to believe they would be used to manufacture methamphetamine under 21 USC §841(c)(2) is an aggravated felony drug trafficking crime. (Daas v. Holder, 8/24/10)

Under Nevada laws assault with a deadly weapon is a crime of violence

The court held that a conviction for assault with a deadly weapon under Nevada Revised Statutes §200.471 is categorically an aggravated felony crime of violence. (Camacho-Cruz v. Holder, 9/2/10)

Reopening an in absentia order that demonstrate exceptional circumstances

The court found that the BIA erred in holding that aliens seeking discretionary relief can effectively never demonstrate exceptional circumstances for reopening an in absentia order, and adopted a totality of the circumstances approach. (Vukmirovic v. Holder, 9/8/10)