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If your born in America Samoa are you a U.S. Citizen at birth?

The DC Circuit upheld the district court, ruling that the Fourteenth Amendment’s Citizenship Clause does not extend birthright citizenship to those born in American Samoa, because the Citizenship Clause is textually ambiguous as to whether “in the United States” encompasses America’s unincorporated territories, and it is “impractical and anomalous” to impose citizenship by judicial fiat where doing so would override the democratic prerogatives of the American Samoan people.

https://cbocalbos.wordpress.com/tag/u-s-citizen/

https://cbocalbos.wordpress.com/tag/child-citizenship-act/

https://cbocalbos.wordpress.com/tag/certificate-of-citizenship/

https://californiaimmigration.us/child-citizenship/

Unaccompanied Minors trying to get into the U.S. is on the decrease

CBP released statistics on apprehensions at the southwest border between October 1, 2014, and June 1, 2015. According to the data, apprehensions of unaccompanied children to date in FY2015 are 51% less than the same period in FY2014, and apprehensions of family units are down 47% from the same period last year.

Getting into the U.S. is not an ‘admission’ if under family unity.

In a precedent decision, the BIA reaffirmed Matter of Reza, holding that the respondent did not meet the statutory seven-year residency requirement, because acceptance into the Family Unity Program (FUP) does not constitute an admission into the United States under INA §101(a)(13)(A). Likewise, the Ninth Circuit denied a petition for review, deferring to the BIA’s decision in Matter of Reza that a grant of FUP benefits is not an admission to the U.S. for cancellation of removal purposes.

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal

The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

Cancellation for removal

Removal proceedings

Removal of the conditional residence 

Can I be removed?

What is a ‘controlled substance’ for removal purposes

Supreme Court Holds That Only Substances Defined as “Controlled” Under §802 Trigger Removal

The Supreme Court reversed the Eighth Circuit, finding that INA §237(a)(2)(B)(i) triggers removal only when the government can prove a connection between an element of an immigrant’s drug conviction and a “controlled substance” as defined in 21 USC §802.

The U.S. Supreme Court yesterday left in place last year’s Ninth Circuit decision to strike down a 2006 Arizona law that denied bail to undocumented immigrants charged with “serious” felonies. Six members of the Supreme Court declined to hear an appeal from Arizona Sherriff Joseph Arpaio to reinstate the Arizona law, overruling three of the more conservative members of the Court—Justices Clarence Thomas, Antonin Scalia and Samuel Alito—who said they would have heard the case.

Arizona Law

Arizona immigration law

Arizona on violating immigrants rights

The Law Offices of Brian D. Lerner

Arizona’s attempt to bypass normal US Immigration failed

The U.S. Supreme Court yesterday left in place last year’s Ninth Circuit decision to strike down a 2006 Arizona law that denied bail to undocumented immigrants charged with “serious” felonies. Six members of the Supreme Court declined to hear an appeal from Arizona Sherriff Joseph Arpaio to reinstate the Arizona law, overruling three of the more conservative members of the Court—Justices Clarence Thomas, Antonin Scalia and Samuel Alito—who said they would have heard the case.

DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.

Extension of TPS

TPS for 18 months

Temporary protected status

Law Offices of Brian D. Lerner

From Somalia? Get TPS

DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.

Premium Processing Form Updated

June 1, 2015, USCIS began accepting only the new version of Form I-907, Request for Premium Processing Service, with an edition date of January 29, 2015. Previous editions of the form submitted on or after June 1, 2015, will be rejected.