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The New York Times reports on a U visa bill that would require California law enforcement to verify within 90 days cooperation with law enforcement by undocumented immigrants who are victims of violent crime. If passed, California would be the first state to mandate that law enforcement sign U visa certifications in a particular timeframe.

U visa

Certification of U visa

U visa lawyer

Get the U visa

All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.

Aggravated felonies

What is an aggravated felony?

Aggravated felony bar

Felony immigration violations

Thousands of DACA Recipients Are Losing Their Work Permits

Thousands of DACA recipients are suddenly losing their ability to work legally, because USCIS is struggling to renew their employment authorization documents on time. Over 11,000 young immigrants, roughly 5% of the total number of DACA renewals that USCIS has approved so far, have had their DACA status and work permits expire in spite of having applied on time.

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https://californiaimmigration.us/evidence-need-order-prove-various-requirements-physical-presence-daca/

Court Defers to BIA’s Interpretation of Good Moral Character Requirements

The Fifth Circuit held that the BIA did not err in concluding that a petitioner cannot establish good moral character if he has been incarcerated for 180 days or more, regardless of the nature of the underlying crime of conviction. The court also upheld the BIA’s interpretation that INA §240A(b)(1) requires the petitioner to establish good moral character during the 10 years immediately preceding the final administrative decision of the IJ or BIA on the petitioner’s application, as opposed to the 10 years preceding service of the NTA.

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https://californiaimmigration.us/eoir-rescinds-policy-memo-on-case-processing-at-the-bia/

USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.

H-2B petition

H-2B Cap

The H-2B application

H-2B temporary worker

Congress stops playing games and passes a clean Bill to fund DHS

Last week, the Senate passed a DHS appropriations measure that did not include the House amendments that would block DAPA implementation and DACA expansion by a vote of 68-31. Today, in a surprising move, Speaker Boehner allowed for the Senate-passed version of the DHS funding bill to be voted on in the House. The bill passed with bipartisan support in the House, 257-167 (with 75 Republicans joining 182 Democrats), and will now be sent to President Obama’s desk for his signature. The bill will fund DHS through September 2015. The bill that passed does not include language that would prohibit the implementation of the President’s November 2014 executive actions on immigration.

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https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/

Yet another Immigration Win

Contested 212(c) granted for client with 4 convictions and 8 arrests, including an attempted murder conviction.

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https://cbocalbos.wordpress.com/tag/%c2%a7212c-relief/

https://cbocalbos.wordpress.com/tag/212c-waiver-application/

https://californiaimmigration.us/212c-relief-expanded/

Another Win for our Law Office in the Ninth Circuit Court of Appeal

This Petition for Review was granted by the 9th circuit for two reasons: (1) to give the IJ and BIA the opportunity to determine the impact of various recent decisions on our client’s case and (2) because the Court agreed that the IJ and BIA decisions regarding CAT were not supported by substantial evidence.

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.

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https://californiaimmigration.us/ca9-finds-california-conviction-for-owning-and-operating-a-chop-shop-is-not-an-aggravated-felony/

DHS Releases End of Year Statistics for FY2014

DHS released enforcement statistics for FY2014, which include reports from ICE and CBP. In FY2014, ICE removed or returned 315,943 individuals, 213,719 of whom were apprehended while, or shortly after, attempting to illegally enter the U.S., and 102,224 of whom were apprehended in the interior of the U.S. CBP made 486,651 apprehensions in FY2014, compared to 420,789 in FY2013. Both apprehension and removal numbers were influenced by the 68% increase in individuals migrating from countries other than Mexico, predominately from Central America.

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https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/