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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.

Is the pre-trial diversion a conviction for immigration purposes?

is the pre-trial diversion a conviction for immigration purposes. – Avvo.com http://ping.fm/M5fWd

New agreement with governmental departments to transfer parolees to be deported

In an effort to control the number of deported convicted parolees governmental agencies have come to a mutual agreement. The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program. The government has seen an increase in eligible deportation parolees that would fall in to the REPAT program.

What is Hardship?

I-601 Approved on Emotional Hardship. There was no medical hardship. Client since entering the United States, the Applicant has never left. Applicant was convicted in 1999 of Violation of section 12500(A) VC(Unlicensed Driver). Sentenced to pay a fine of $82.00 plus a state penalty fund assessment of $153.00; Convicted in 1999 of violation of Section 16018 (A) VC(No proof of car insurance). Sentenced to pay a fine of $500.00. Applicant was also convicted in 2001 of Violation of Section 23152 (B) VC (.08% more weight alcohol Drive Veh). Placed on summary probation for a period of 036 months, served 48 hours in Los Angeles County jail less credit for 24 hours, pay a fine of $500.00 Applicant was convicted in 2000 of Petty theft. Imposition of sentence suspended and placed on informal probation for a period of 3 years, ordered to pay a fine of $300.00.

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