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Mexican National sentenced to 64 months in federal prison

ICE press release announcing that Mario Ruiz-Toledo was sentenced to 64 months in federal prison for unlawfully returning to the U.S. after being deported, and eight years in state prison for burglary. The release includes information on the removal process for Ruiz-Toledo.

(AAO) Processing Times as of December 1, 2010

The Administrative Appeals Office (AAO) Processing Times as of December 1, 2010.

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)

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)

Grant Stay of Voluntary Departure

The court held that under 8 C.F.R. § 1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)

Conditional Green Card Holder Eligibility for §212(c) Relief

The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/16/10)

Overseas filings of Form I-130, Petition for Alien Relative

USCIS executive summary from the 11/09/10 teleconference on overseas filings of Form I-130, Petition for Alien Relative. USCIS indicated that it is reviewing options to have all I-130 forms adjudicated domestically, as more than 95% of all I-130 forms are filed in the U.S.