The Fourth Circuit denied the petition for review, holding that the offense of statutory burglary in Virginia does not constitute an aggravated felony under the categorical approach for purposes of immigration law.
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The Seventh Circuit denied the petition for review, holding that the petitioner was afforded due process, because the IJ fully complied with the statutory requirement of INA §240(b)(4) by informing the petitioner of his right to obtain counsel, and offered repeatedly to continue the case to allow him to secure representation.
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BALCA affirmed the Certifying Officer’s denial of the labor certification, finding that the employer filed two PERM applications with “substantially comparable job duties,” and holding that an employer may not file a new PERM application for the same foreign worker for the same job opportunity when the first application is pending BALCA review.
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BALCA upheld the denial of the labor certification where the recruitment report was signed by an agent, rather than the employer, in direct violation of 20 CFR §656.17(g)(1), which requires either the employer or its representative to sign the recruitment report.
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The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.
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The Second Circuit held that the BIA’s decision declining to certify the petitioner’s untimely appeal of his removal order was a discretionary determination and, accordingly, was not subject to judicial review.
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The Second Circuit reversed the Board of Immigration Appeals (BIA) and remanded, finding that it was unable to meaningfully review the agency’s removability determination, because the BIA had failed to consider material evidence—namely, the petitioner’s 1994 marriage certificate. On remand, the BIA was instructed to evaluate the authenticity of the marriage certificate, and to articulate the standard the agency applies when assessing the credibility of an individual who testifies on matters concerning removability in a contested removal proceeding.
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The Ninth Circuit granted the petition for review and remanded, holding that the language in 18 USC §16(b), which is incorporated into INA §101(a)(43)(F)’s definition of a “crime of violence,” was unconstitutionally vague. The court found that §16(b)’s language suffered from the same indeterminacy the U.S. Supreme Court found in the Armed Career Criminal Act’s (ACCA) “residual clause” definition of a violent felony in Johnson v. United States, and was thus void for vagueness.
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Client’s case was denied by the Immigration Judge and the Board of Immigration Appeals and prior to retaining our office. Once retained, we filed an appeal with the 9th Circuit and were able to have her case administratively closed so that she could apply for her green card based on her marriage to a US citizen.
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Can I appeal this horrible decision?
Question: I lost at the immigration Court level. Can I appeal?
Answer: Yes, you can appeal. You can appeal it to the Board of Immigration Appeals in Virginia.
Question: When do I appeal and what happens if I don’t appeal on time?
Answer: You must appeal to the BIA within the 30 days after the decision by the Immigration Judge. That means that the Notice of Appeal must be physically at the Board of Immigration Appeals by the deadline. If it is 5 minutes late, it will be rejected and returned. Your appeal will be over and you will likely have a deportation order and be physically deported from the United States. Clearly, it would be in your interest to make sure the Notice of Appeal is timely filed.
Question: What happens if I just found out about doing the appeal and it is due tomorrow and I can’t even have time to send it to Virginia on time?
Answer: There is actually a company in Virginia that you can send the Notice of Appeal up until 10:00 a.m the day that it is due. They will then physically go to the Board of Immigration Appeals and file the Notice of Appeal. It is not cheap, but it saves the appeal at the last minute. It is well worth the price if you are in that unfortunate situation.
Question: Do I have to do the Opening Brief when I send in the Notice of Appeal?
Answer: No. You will get a notice from the BIA as to when it is due. You will have considerable time to have it properly prepared and to develop your arguments and to make your case. Once the Opening Brief is submitted, you will then receive the reply brief from the Government. They will argue as to why the appeal should be denied and why the Government made the correct decision. Afterwards, you will have about 14 days to submit the reasons you believe the reply brief is incorrect and what points need to be made. Afterwards, the BIA will make a decision on your case.
Question: Should I have an attorney help me?
Answer: It would most definitely be in your best interest. Appeals are won and lost on the legal points that are made. They are not won by simply rehashing the facts. If you want any real chance of winning, you should not only hire an attorney, but one that specialized in Immigration Laws, has years of experience doing appeals and knows the immigration laws backwards and forwards.
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