DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Matter of Voss, 28 I&N Dec. 107 (BIA 2020)
If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2018), that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings.
"[W]e disagree with the Immigration Judge’s finding that the respondent is now removable under section 237(a)(2)(B)(i) of the Act solely because of her 2013 conviction for offenses relating to controlled substances. Her inadmissibility under section 212(a)(2)(A)(i)(II) based on that conviction resulted in the grant of cancellation of removal she received in 2014, which, without more, now precludes a finding of deportability based on the same conviction. Accordingly, the respondent’s appeal will be sustained, the Immigration Judge’s decision will be vacated, and the proceedings will be terminated."
[Hats off to Philip J. Hunter!]