Matter of Garcia-Garcia (B.I.A.) In this case, the BIA affirmed that an immigration judge has the authority to change the release from custody status of a person in removal proceedings. Since last year, ICE has been quietly enrolling persons in removal proceedings in its Intensive Supervision Appearance Program (“ISAP”). Basically, the program is a way […]
Archive for the ‘Deportation and Detention’ Category
An Immigration Judge May Release Petitioner from Having to Wear a GPS Ankle Device
November 3rd, 2009 
Max Nuyen More Local Law Enforcement Offices Involved with Immigration Enforcement
October 16th, 2009 Max Nuyen ICE announced today that it has standardized the 287(g) Memorandum of Agreements (“MOA”) it has with various state law enforcement offices around the country. The 287(g) Agreements permit local law enforcement officials to help with immigration enforcement efforts. In a nutshell, local police catch undocumented aliens for ICE. Before 287(g) Agreements first came into being […]
Posted in Deportation and Detention 
Tags: 287(g) agreements, ICE cooperation with local police, immigration enforcement 
Comments Off on More Local Law Enforcement Offices Involved with Immigration EnforcementNinth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for Spouses
October 8th, 2009 Max Nuyen Landin-Molina v. Holder (9th Cir. 2009) Before 1952, the general rule in immigration law was that one had to be outside the United States in order to be eligible to receive an immigration visa. American embassies and consular offices in foreign countries issued such visas, which permitted the recipient to enter the U.S. and live […]
Posted in Business Related, Deportation and Detention, Family Based Tags: 245(i), adjustment of status, grandfathering, Ladin-Molina v. Holder, permanent residence Comments Off on Ninth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for SpousesNinth Circuit Reaffirms Imputation of Parent’s LPR Status for Minor Child
September 30th, 2009 Max Nuyen Mercado-Zazueta v. Holder (9th Cir.) In this case, the 9th Circuit decided the question of whether a parent’s status as a lawful permanent resident may be imputed to an unemancipated minor child residing with that parent, for purposes of satisfying the five-year permanent residence requirement for cancellation of removal under § 240A(a)(1) of the Immigration […]
Attempted Kidnapping Deemed to be Aggravated Felony for Purposes of Removability
September 28th, 2009 Max Nuyen Delgado-Hernandez v. Holder (9th Cir.) In the 9th Circuit, attempted kidnapping in violation of California Penal Code § 207(a) is now officially a removable offense because the crime carries with it the threat of physical force being used against the victim. Attempted kidnapping meets the definition of aggravated felony under 18 U.S.C. § 16(b) because […]
Another Crime Added to the Moral Turpitude List
September 10th, 2009 Max Nuyen Uppal v. Holder (9th Cir. 2009) This case expands on the moral turpitude doctrine. That is, a person who violates § 268 of the Canadian Criminal Code is considered to have categorically committed a crime of moral turpitude. The Canadian statute deals with aggravated assaults. In examining the language of § 268, the 9th Circuit […]
(Updated) U.S. Opens Asylum Doors to Victims of Domestic Abuse
August 18th, 2009 Max Nuyen In court filings, the Department of Homeland Security (“DHS”) seems to be conceding the point that, under certain situations, a person who is a victim of domestic abuse may qualify for asylum in the U.S. The identity of the woman in the case was not revealed in the court filings to protect her privacy and […]
Posted in Asylum, Deportation and Detention Comments Off on (Updated) U.S. Opens Asylum Doors to Victims of Domestic AbuseU.S. Opens Asylum Doors to Victims of Domestic Abuse
July 15th, 2009 Max Nuyen In court filings, the Obama administration’s DHS lawyers seem to be lowering its defenses regarding the issue of whether a person who is a victim of sexual abuse may qualify for asylum in the U.S. Senior government lawyers come close to conceding this point. This is a reversal of the position taken by the Bush […]
Posted in Asylum, Deportation and Detention Comments Off on U.S. Opens Asylum Doors to Victims of Domestic AbuseNinth Circuit Deals Blow to Children of NACARA Beneficiaries
July 15th, 2009 Max Nuyen Ramos v. Holder (9th Cir.) Twelve years after it was enacted, the Nicaraguan Adjustment and Central American Relief Act (“NACARA”) is one of components of immigration law which is beginning to lose its usefulness with the passage of time, mostly because as each year passes fewer and fewer people qualify for its benefits. This is […]
U.S. Supreme Court Clarifies Intepretation of the Meaning of “Aggravated Felony” Involving Fraud and Deceit
July 14th, 2009 Max Nuyen Nijhawan v. Holder (U.S Supreme Court) In this case, the U.S. Supreme Court settled a longstanding conflict among the federal circuit courts as to the significance of the monetary threshold of $10,000 for the fraud and deceit offense that is listed as one of the aggravated felonies in 8 U.S.C. § 1227(a)(2)(A)(iii). The primary question […]
Posted in Deportation and Detention Comments Off on U.S. Supreme Court Clarifies Intepretation of the Meaning of “Aggravated Felony” Involving Fraud and Deceit