Lopez-Birrueta v. Holder (9th Cir. 2/17/2011) Congress enacted the Violence Against Women Act (“VAWA”) in 1994 as a means of allowing persons of foreign birth who have been in physically or mentally abusive relationships with U.S. citizens or permanent residents to self petition for permanent residence. The reason why this became necessary is because often […]
Archive for the ‘Deportation and Detention’ Category
Parent of Formerly Abused Children Qualify for VAWA
March 16th, 2011 
Max Nuyen 
Posted in Deportation and Detention 
Tags: Lopez-Birrueta v. Holder, mental abuse, physical abuse, removal proceedings, self petition, special rule cancellation, VAWA 
Comments Off on Parent of Formerly Abused Children Qualify for VAWAAlien in Prolonged Detention Entitled to Bond Hearing to Determine Appropriateness of Continued Detention
March 12th, 2011 Max Nuyen Diouf v. Napolitano (9th Cir. 3/7/2011) The Ninth Circuit has previously ruled that a person who is in detention and has been ordered deported, but who has filed an appeal of the deportation order, is entitled to a bond hearing before an immigration judge to determine whether or not continued detention is appropriate because such […]
BIA Has Jurisdiction to Hear Motions to Reopen For Petitioners Abroad
February 17th, 2011 Max Nuyen Pruidze v. Holder (6th Cir. 2/3/2011) In a ruling that follows the reasoning of other appellate circuits which have heard the issue, the 6th Circuit Court of Appeals tossed out one of the BIA’s most longstanding rules of jurisdiction. For at least 50 years, the BIA has had in place what is known as the […]
Posted in Deportation and Detention Tags: departure bar, immigration appeals, motion to reopen, Pruidze v. Holder Comments Off on BIA Has Jurisdiction to Hear Motions to Reopen For Petitioners AbroadTPS Only Temporarily Waives Grounds For Inadmissibility
January 26th, 2011 Max Nuyen Matter of Sosa Ventura (B.I.A. 2010) This case delineates the limitations of Temporary Protected Status (“TPS”). Congress created TPS in order to allow persons whose home country is in a state of drought, famine, civil strife, or warfare who otherwise would not qualify for asylum or refugee status the chance to remain lawfully in the […]
Immigration Judge May Not Request Corroborating Evidence For Convictions In Removal Hearings
January 15th, 2011 Max Nuyen Rosas-Castaneda v. Holder (9th Cir. 2011) This case illustrates the finer points between a conviction for a controlled substance violation and a conviction for an aggravated felony. In most circumstances, the differences are merely academic, because either type of conviction would render a person inadmissible, and therefore, not eligible for immigration benefits. However, in situations […]
Government Must Provide Copies of an Immigrant’s A-file in Removal Proceedings
December 16th, 2010 Max Nuyen Dent v. Holder (9th Cir. 2010) Sometimes a case comes along with a decision so obvious and sensible that you wonder why the issue had not been decided the same way earlier. Dent v. Holder is such a case. Here, the Ninth Circuit found that an alien in removal proceedings has a right to a […]
Posted in Citizenship, Deportation and Detention Tags: citizen, Dent v. Holder, FOIA request, removal proceedings 2 Comments »Moral Turpitude Watch
October 27th, 2010 Max Nuyen Mendoza v. Holder (9th Cir.) The 9th Circuit Court of Appeals ruled that robbery in violation of California Penal Code section 211 is a crime involving moral turpitude. Suprisingly, the court had never directly addressed this crime in the past. The court’s decision was unsurprising, however.
Posted in Deportation and Detention Tags: crime involving moral turpitude, robbery Comments Off on Moral Turpitude WatchPetty Offense Exception Applies to Crimes Involving Moral Turpitude
September 13th, 2010 Max Nuyen Matter of Heredia-Pedroza (B.I.A. 8/13/2010) In a ruling which is sure to bring sighs of relief to many affected persons, the BIA determined that the respondent may be eligible for cancellation of removal even though he had been convicted of a crime of moral turpitude, because the petty offense exception applies even to crimes involving […]
Posted in Deportation and Detention Tags: BIA, cancellation of removal, Matter of Pedroza, misdemeanor, moral turpitude, petty offense exception, shoplifting Comments Off on Petty Offense Exception Applies to Crimes Involving Moral TurpitudeGender May Form Basis for Membership in a Social Group Under Asylum Law
August 16th, 2010 Max Nuyen Perdomo v. Holder (9th Cir. 2010) In the immigration field, asylum is one of the most hotly litigated areas. Over half of all immigration cases which are appealed relate to asylum claims. This is because the terms and definitions used in the asylum statutes are so broad that more often than not, court intervention is […]
Posted in Asylum, Deportation and Detention Tags: Asylum, BIA, Guatemala, Perdomo v. Holder, social group 2 Comments »Second Minor Drug Possession Conviction Is Not Aggravated Felony for Immigration Purposes
June 17th, 2010 Max Nuyen Carachuri-Rosendo v. Holder (U.S. Sup. Ct. 2010) In this case, the Supreme Court held that for purposes of cancellation of removal, an applicant must actually be convicted of an aggravated felony to be disqualified from seeking such relief. The case arose because the respondent, a lawful permanent resident, had been convicted in Texas of possessing […]