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BIA Says Cuban Parolee Is Not Eligible to Adjust Status

Where the Cuban respondent was paroled into the United States on August 25, 1980, as part of the Mariel Boatlift with an Arrival/Departure Record (Form I-94) stamped “Cuban/Haitian Entrant (Status Pending)” indicating that the purpose of his parole was for “Cuban Asylum,” the BIA held in a precedent decision issued today that the respondent was ineligible to adjust his status under INA §209, because he did not establish that he was either admitted as a “refugee” within the meaning of INA §207 or granted asylum under INA §208.

I-94 form

I-94 form application

BIA and immigration

BIA deference given to particulary serious crime

Another win for Brian D. Lerner in Immigration Court

Application for Cancellation of Removal granted for lawful permanent resident with nearly 30 years in the U.S. and a disabled daughter but with a conviction for possession of a controlled substance from 2006, an outstanding warrant for 10 years and an arrest for alien smuggling.

Iranian IJ wins suit

NPR reports that DOJ has agreed to lift an order recusing Los Angeles-based Immigration Judge Ashley Tabaddor from all cases involving Iranian nationals. Last year, Judge Tabaddor sued DOJ, claiming that the order amounted to discrimination and violated her constitutional rights. DOJ also agreed to pay Judge Tabaddor $200,000, and to review its recusal policies.

Immigration Judge harassed you?

  1. In a published decision the BIA remanded the record to the immigration court for a new hearing before a different Immigration Judge (IJ), finding that conduct by an IJ that can be perceived as bullying or hostile is never appropriate, particularly in cases involving minor respondents, and may result in remand to a different IJ. The BIA also held that the requirements of the Federal Rules of Evidence with respect to the admission of expert testimony are inapposite to a respondent’s testimony regarding events of which he or she has personal knowledge.

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https://californiaimmigration.us/bia-remands-case-back-to-the-judge/

Immigration Judges hard at work

A recent Transactional Records Access Clearing House (TRAC) report found that Immigration Judges completed 198,105 cases during FY2015, up 7.3% from 184,597 in FY2014. The data indicated that this marks the first time in six years that immigration court case closings have risen rather than fallen, halting a downward slide that had been observed since FY2009.

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https://californiaimmigration.us/immigration-judges-to-be-held-more-accountable/

The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.

An appeals court

Copy of immigration court

Court order

Immigration court

Got a Cell Phone in Immigration Court?

The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.

More on Immigration Reform possible

More on Immigration Reform possible. According to The New York Times, the House Republican leadership’s outline of immigration principles will call for a path to legal status, but not citizenship, for many of the 11 million adult undocumented immigrants in this country. For immigrants brought to the U.S. as children, however, Republicans would offer a path to citizenship.

Immigration reform

Comprehensive immigration reform

Immigration reform enforcement priority

Immigration reform and DAPA. What is it?

 

 

Immigration Reform possibly coming

House Minority Leader Nancy Pelosi said she spoke with House Speaker John Boehner about the Republican immigration principles, and she believes they are a “good faith effort to find common ground” among Republicans and Democrats.

Immigration reform

Constitutionality of immigration reform

Immigration reform news

Immigration reform update gives hope to millions even with criminal history

The Washington Post report

http://ow.ly/sx70W The Washington Post reports that in response to an ACLU FOIA lawsuit, federal prosecutors in New York say they cannot meet a judge’s demands to quickly deliver documents about thousands of immigrants who have been detained nationwide for months or years as their immigration statuses are reviewed.

Appeal Foia

Foia meaning

Foia request

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