BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping...
Montejo-Gonzalez v. Garland (2-1) "On their way to an initial hearing before an immigration judge (“IJ”) in Seattle, Washington, Claudia Elena Montejo-Gonzalez and her two minor children...
Acacia Center for Justice "Join us today, Thursday, October 17, 2024 at 3:00-4:30 pm ET for a webinar on how legal service providers can overcome burnout. We will explore strategies that policymakers...
USCIS, Oct. 15, 2024 "DHS recently issued a new class of admission (COA) of Military Parole in Place (MIL) to better reflect parole granted under a longstanding process for certain U.S. military...
Attorney Alan Lee has thoughts: SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 1 SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES...
DeCarvalho v. Garland
"The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly serious crime" that makes him ineligible for withholding of removal. See 8 U.S.C. § 1231(b)(3)(B)(ii). The BIA also denied DeCarvalho's application for deferral of removal under the Convention Against Torture (CAT). DeCarvalho petitions for review of the BIA's decisions, principally arguing that the Attorney General's decision in Matter of Y-L- unlawfully presumes that all aggravated felonies involving trafficking in controlled substances are particularly serious crimes. See 23 I. & N. Dec. 270, 274–75 (U.S. Att'y Gen. 2002). We deny his petition for review insofar as he seeks CAT relief. We grant the petition in part, however, because the immigration judge (IJ) informed DeCarvalho, who was proceeding pro se, that he was eligible for potential relief only under the CAT. In so doing, the IJ treated DeCarvalho's conviction for drug trafficking as if it were a per se bar to withholding of removal, a position that the government now disavows on appeal. We remand to the agency with instructions to give DeCarvalho a new hearing to determine whether he is entitled to withholding of removal."
[Hats off to Trina Realmuto, Tiffany Lieu, and Jennifer Klein!]