USCIS, Aug. 29, 2024 "Effective Aug. 28, DHS is establishing a new C40 category on Form I-766, Employment Authorization Document (EAD). The C40 category is for individuals with a pending Form I...
Matter of R-T-P- "[W]e conclude that written amendments made by an Immigration Judge, upon the motion of DHS, to the time and place of the hearing on the notice to appear may satisfy the requirements...
USA v. Gomez "We have previously held that California Penal Code § 245(a)(1) constitutes a crime of violence, but our decisions are clearly irreconcilable with the Supreme Court’s ruling...
State Department, Sept. 5, 2024 "Starting on September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a...
Prof. Mary Yanik , Sept. 4, 2024: "I write to share the exciting news that today our co-author team (Tulane, NIPNLG, NILC, Organized Power in Numbers, & Arriba Las Vegas Worker Center) have released...
Matthew L. Hoppock writes: "This is a case where our client had an old conviction that was an Aggravated Felony and a crime involving moral turpitude, but was waivable under INA 212(c). He also a conviction that was too recent to be waived under INA 212(c). The DHS charged him with removability under INA 237(a)(2)(A)(ii) for having two crimes involving moral turpitude. We argued if the IJ waived the old conviction he wouldn't have two and he wouldn't be removable. The IJ relied on an old BIA decision, Matter of Balderas, to hold that a waiver of the old conviction didn't mean it couldn't be used to charge our client with removability under 237(a)(2)(A)(ii). We appealed to the BIA and lost and then appealed to the Eighth Circuit. The DOJ agreed, once we got to the Eighth Circuit, that the agency's application of the law, specifically Matter of Balderas, seemed incorrect and joined us in a motion to remand the case to the Board. Now the Board has concluded that when an old conviction is waived under INA 212(c), that same conviction can't be used as one of the two crimes involving moral turpitude to charge someone with removability under INA 237(a)(2)(A)(ii)."