Texas v. US : "The court declares that defendants lack statutory authority under 8 U.S.C. § 1182(d)(5)(A) itself (as opposed to under other provisions modifying or supplementing that authority...
Branski v. Brennan Seng "USCIS did not adequately explain its conclusion that Branski failed to identify “[p]ublished material about [him] in professional or major trade publications or other...
Alexandra Ribe at Murray Osorio PLLC reports: "I wanted to share a case that my firm recently won with the BIA. It is unpublished but definitively states that regardless of whether proceedings are...
Artificial Intelligence for Lawyers: Ethical Concerns and Best Practices Date: 11/22/2024 Time: 12:45pm - 2:00pm Eastern Time (US & Canada) CLE Instruction: 60 Minutes Presenter(s): Angela...
This document is scheduled to be published in the Federal Register on 11/08/2024 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally...
Matter of Cuellar-Gomez, ID 3760, 25 I&N Dec. 850 (BIA 2012) - (1) A formal judgment of guilt of an alien entered by a municipal court is a “conviction” under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2006), if the proceedings in which the judgment was entered were genuine criminal proceedings. Matter of Rivera-Valencia, 24 I&N Dec. 484 (BIA 2008), and Matter of Eslamizar, 23 I&N Dec. 684 (BIA 2004), followed. (2) A Wichita, Kansas, municipal ordinance which recapitulates a Kansas statute prohibiting marijuana possession is a “law or regulation of a State . . . relating to a controlled substance” under section 237(a)(2)(B)(i) of the Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2006). (3) Possession of marijuana after a prior municipal ordinance conviction for marijuana possession in violation of former sections 65-4162(a) and (b) of the Kansas Statutes Annotated is an aggravated felony under section 101(a)(43)(B) of the Act by virtue of its correspondence to the Federal felony of “recidivist possession,” 21 U.S.C. § 844 (2006), provided the prior conviction was final when the second offense was committed. Lopez v. Gonzales, 549 U.S. 47 (2006), followed; Carachuri-Rosendo v. Holder, 130 S. Ct. 2577 (2010), and Matter of Carachuri-Rosendo, 24 I&N Dec. 382 (BIA 2007), distinguished.