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Administrative Appeals Office (AAO) updates and procedures

The Administrative Appeals Office (AAO) Liaison provides AAO updates and procedures. Additionally, practice tips on how to submit AAO inquiries and searching for AAO decisions are also provided.

Aggravated Felony of “sexual abuse of a minor”

The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)

USCIS executive stakeholders meeting on Form I-9

USCIS executive summary issued from the 11/02/10 Verification Division stakeholders meeting on Form I-9. USCIS indicated that it will be drafting a Notice of Proposed Rulemaking (NPRM) for the Form I-9 and gave stakeholders an opportunity to comment on the Form I-9 process.

Court remanded the Asylum case of a Falun Gong Practitioner

The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)

Brazilian National Sentenced in $55 million Visa Fraud Conspiracy

ICE press release announcing that Eduardo Dozzi Barbugli was sentenced to 20 months in federal prison and a money judgment of $55 million for his involvement in a visa fraud conspiracy. Barbugli will be subject to removal after he serves his sentence.

Congressional Research Service (CRS) report on Human Trafficking

A 10/29/10 Congressional Research Service (CRS) report on human trafficking. Topics include the definition of human trafficking, anti-trafficking efforts, relief for victims, and an overview of legislation and policy issues related to human trafficking.

Res Judicata and Waiver Application

The court held that res judicata did not bar the government from lodging new removability charges based on convictions it had not previously raised and that petitioner’s 212(c) waiver did not apply to the instant removal order. (Duhaney v. U.S. Att’y Gen., 8/24/10)

Res Judicata and Waiver Application

The court held that res judicata did not bar the government from lodging new removability charges based on convictions it had not previously raised and that petitioner’s 212(c) waiver did not apply to the instant removal order. (Duhaney v. U.S. Att’y Gen., 8/24/10)

Concern on Counsel’s part to meet multiple court deadlines

The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)

BIA interpretation in Asylum Cases

The court held that the BIA interpretation of §1003.(d)(3) in In re A-S-B- cannot stand and that an IJ’s forecasting of future events constitutes fact-finding that the BIA must review under the clearly erroneous standard. (Huang v. U.S. Att’y Gen., 9/8/10)