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Violation of a law relating to a controlled substance

The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994).

Criminal statutes in Immigration Court proceedings

The new case to look at re: divisibility of criminal statutes in Immigration Court proceedings is Nijawan vs. Holder, 129 S. Ct. 2294

Sexual Abuse of a Minor

For sexual abuse of a minor, the minor must be under 16 AND there must be a 4 year difference between the perpetrator and victim

CSPA Status

On the CSPA, if the age has locked in, then actual petition can be filed after age-out

When is the CSPA Applies?

CSPA applies when an I-130 is filed for : 1) Child of an LPR under 18 years old; 2) Parent is a USC (by birth or naturalization); 3) Parent has legal and physical custody and 4) child is residing in the U.S.; 5) the child is under 18 when the parent naturalizes. You can see specifics at section 320(a)

Step-Parent filing a Step-Child Petition

A Step-Child need not prove any bona-fides at all with the Step-Parent when filing a petition.

TPS Child can apply based upon the parents initial registration

A  Temporary Protected Status (TPS) Child can apply for TPS based upon the parents initial registration

Update on Human Rights Ineligibilities

DOS issued a cable also that includes instructions for entering the names of suspected human rights violators and abusers into the Consular Lookout and Support System (CLASS).

US Chamber of Commerce issued a letter urging the Senate to oppose the “Employ America Act”

The US Chamber of Commerce issued a letter urging member of the Senate to oppose the “Employ America Act” (S. 2804) either as stand-alone legislation or as an amendment to other legislation.

President Obama’s appeal to Congress on the nation’s broken immigration system

President Obama’s appeal to Congress for a bipartisan overhaul of the nation’s broken immigration system in a speech delivered at American University School of International Service.