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Court Holds that Imposition of Court Costs Does Not Qualify as “Conviction”

The Fourth Circuit granted the petition for review, finding that an assessment of $100 in costs, assessed attendant to prayer for judgment continued under North Carolina law, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA.

Court Finds Violation of Municipal Ordinance Was “Conviction”

The Eighth Circuit found that the BIA properly denied the petitioner Temporary Protected Status (TPS) because he was convicted of two misdemeanors, adding that it is irrelevant whether state law classifies crimes as “infractions” or “violations,” so long as punishment imposable under state law meets the definition of misdemeanor.

The Court Says Petitioner Failed to Show That His Conviction Was Not Vacated for Immigration Purposes

The Eighth Circuit upheld the BIA’s finding that the petitioner failed to meet his burden of proving that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. The court also found that the IJ did not err when it pretermitted petitioner’s application for cancellation of removal on the grounds that he was convicted of a crime of moral turpitude, even though he was never admitted to the United States.

Be careful if you own the company doing the PERM and you are also the beneficiary

BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer did not establish that the job opportunity was open and available to all U.S. workers as required by 20 CFR §656.10(c)(8), where the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity.

Got a PERM and recruitment? See this case.

BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.

Court Holds Virginia Grand Larceny Conviction Is Not an Aggravated Felony

  1. The Fourth Circuit reversed and remanded with instructions to vacate the removal order, finding that the modified categorical approach did not apply since use of the word “or” in the definition of the crime did not automatically render the crime divisible. Thus, the court applied the categorical approach and found that the petitioner’s conviction under Va. Code Ann. §18.2-95 was not an aggravated felony theft offense.

CA7 Reverses Harboring Conviction

The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay.

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