http://ow.ly/xlVmp In adjudicating cases involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the Board of Immigration Appeals lacks jurisdiction to review a “no risk” determination by the United States Citizenship and Immigration Services, including the appropriate standard of proof to be applied.
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http://ow.ly/xlNq4 BIA reversed the IJ and found that respondent’s 1995 aggravated felony burglary conviction did not bar him from §212(c) relief where his entire ten year sentence was probated.
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http://ow.ly/x1rqN Communities
The Washington Post reports that earlier this week, DHS Secretary Jeh Johnson told police chiefs at a White House meeting that the Obama administration is likely to overhaul Secure Communities, which pairs local law-enforcement agencies with federal authorities to identify undocumented immigrants for removal.
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http://ow.ly/x1qOp The Ninth Circuit joined the Sixth, Seventh, and Eleventh Circuits in holding that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances.
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http://ow.ly/x1qiR the Eleventh Circuit vacated and remanded, holding that the BIA ignored the petitioner’s legal argument that he was eligible for §212(c) relief and was prejudiced by his counsel’s failure to file additional documents before the court’s deadline
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http://ow.ly/x1pKi The Santa Cruz Sentinel reports that Santa Cruz County, California will no longer hold an individual solely on an ICE detainer request, which will effectively end the county’s participation in the Secure Communities program.
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http://ow.ly/x1pxN The Ninth Circuit declined to review the asylum, withholding, and CAT denials, holding that the IJ and BIA may consider sentencing enhancements for purposes of determining whether a noncitizen who has not committed an aggravated felony has nonetheless committed a particularly serious crime under INA §241(b)(3)(B)(ii).
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http://ow.ly/wFyth Maryland Governor Martin O’Malley signed a bill that extends jurisdiction for guardianship and custody proceedings to Special Immigrant Juvenile Status (SIJS)-eligible individuals over 18 but not yet 21
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http://youtu.be/AqxVXfNGVOo
Find out how to come to the U.S. even if you committed a crime and how to do it without a Waiver.
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http://ow.ly/wKLub The Los Angeles Times reports that this week, the U.S. Supreme Court declined to review a Freemont, Nebraska ordinance that bans renting to individuals lacking legal status, while the small Midwestern town remains divided on the issue.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 