Tue - November 9, 2004
DUI IS NOT A CRIME OF VIOLENCE: Leocal v. Ashcroft 543 U. S. ____
(2004) November 9, 2004.
A drunk driving accident is not a "crime
of violence" allowing the
government to deport a permanent resident, the Supreme Court ruled in
Leocal v. Ashcroft 543 U. S. ____ (2004) November 9, 2004.
The court ruled unanimously in favor of Josue Leocal, a Florida man
challenging his deportation to Haiti in 2002 after pleading guilty to a
felony charge of drunk driving.
The 11th U.S. Circuit Court of Appeals ruled that the DUI offense was a
"crime of violence" under the immigration statute because he had caused
injury to others.
The Supreme Court disagreed. It said the plain meaning of the statute
suggests that the felony offense must require intent in causing harm -
not mere negligence as in Leocal's case - before immigrants are subject
to the drastic consequence of deportation.
government to deport a permanent resident, the Supreme Court ruled in
Leocal v. Ashcroft 543 U. S. ____ (2004) November 9, 2004.
The court ruled unanimously in favor of Josue Leocal, a Florida man
challenging his deportation to Haiti in 2002 after pleading guilty to a
felony charge of drunk driving.
The 11th U.S. Circuit Court of Appeals ruled that the DUI offense was a
"crime of violence" under the immigration statute because he had caused
injury to others.
The Supreme Court disagreed. It said the plain meaning of the statute
suggests that the felony offense must require intent in causing harm -
not mere negligence as in Leocal's case - before immigrants are subject
to the drastic consequence of deportation.
Posted at 06:47 PM Read More
Mon - May 10, 2004
Criminal Penalties for Marriage Fraud -- 8 U.S.C. § 1325(c) and 18
U.S.C. § 1546
Marriage fraud has been prosecuted, inter alia,
under 8 U.S.C. § 1325 and 18 U.S.C. § 1546(a). The Immigration
Marriage Fraud Amendments Act of 1986 amended § 1325 by adding §
1325(c), which provides a penalty of five years imprisonment and a $250,000 fine
for any "individual who knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws." Under 8 U.S.C. § 1151(b),
"immediate relatives" of U.S. citizens, including spouses, who are otherwise
qualified for admission as immigrants, must be admitted as such, without regard
to other, ordinary numerical limitations.
Posted at 02:35 PM Read More
Wed - December 10, 2003
Was the Marriage Entered into for Immigration Purposes? What is a Bona
fide immigration marriage
In order to be granted permanent residency, your
spouse's relationship
with you must be established and your spouse must be admissible to the
United States under the immigration law. Also, the marriage must be bona
fide, not merely a sham to get the non US citizen spouse a green card.
The BCIS takes fraudulent marriage seriously and you will be asked to
provide supporting documents to show that the marriage is valid.
Over the past two decades, Congress and the BCIS have grown increasingly
suspicious of marriages. Since 1986, a foreign-born spouse who has been
married to the petitioner for less than two years is given conditional
permanent residence for two years. While this conditional status is for
the most part the same as regular permanent residence, it is designed to
provide assurance that the parties did not marry for immigration
purposes by allowing the conditional status to be revoked if the
marriage does not last two years.
with you must be established and your spouse must be admissible to the
United States under the immigration law. Also, the marriage must be bona
fide, not merely a sham to get the non US citizen spouse a green card.
The BCIS takes fraudulent marriage seriously and you will be asked to
provide supporting documents to show that the marriage is valid.
Over the past two decades, Congress and the BCIS have grown increasingly
suspicious of marriages. Since 1986, a foreign-born spouse who has been
married to the petitioner for less than two years is given conditional
permanent residence for two years. While this conditional status is for
the most part the same as regular permanent residence, it is designed to
provide assurance that the parties did not marry for immigration
purposes by allowing the conditional status to be revoked if the
marriage does not last two years.
Posted at 10:35 AM Read More
INS v. St. Cyr: Supreme Court Allows Criminal Aliens to Apply for
Waivers under former Section 212(c)
Courts have jurisdiction under 28 U.S.C. 2241 to
decide the
legal issue raised by St. Cyrs habeas petition. (2) Section 212(c)
relief remains available for aliens, like St. Cyr, whose convictions
were obtained through plea agreements and who, notwithstanding those
convictions, would have been eligible for 212(c) relief at the time of
their plea under the law then in effect. Certiorari to the United
States Court of Appeals for the Second Circuit No. 00767. June 25, 2001
legal issue raised by St. Cyrs habeas petition. (2) Section 212(c)
relief remains available for aliens, like St. Cyr, whose convictions
were obtained through plea agreements and who, notwithstanding those
convictions, would have been eligible for 212(c) relief at the time of
their plea under the law then in effect. Certiorari to the United
States Court of Appeals for the Second Circuit No. 00767. June 25, 2001
Posted at 09:35 AM Read More
Eligibility of Children Born out of Wedlock for Derivative Citizenship
(BCIS September 26, 2003)
Assuming an alien child meets all other
requirements of Section 320 and
322, an alien child who was born out of wedlock and has not been
legitimated is eligible for derivative citizenship when the mother of
such a child becomes a naturalized citizen.
322, an alien child who was born out of wedlock and has not been
legitimated is eligible for derivative citizenship when the mother of
such a child becomes a naturalized citizen.
Posted at 08:35 AM Read More
Sun - November 30, 2003
DOMESTIC BATTERY CONVICTION (ILLINOIS) AND REMOVAL FROM THE UNITED STATES
Domestic violence and related convictions will
cause immigration
problems not only for individuals that have a pending application for
permanent resident status (green card) with the local CIS office but
also for individuals that are already permanent residents or those who
seek to apply for United States citizenship through naturalization.
problems not only for individuals that have a pending application for
permanent resident status (green card) with the local CIS office but
also for individuals that are already permanent residents or those who
seek to apply for United States citizenship through naturalization.
Posted at 09:35 AM Read More
Wed - November 26, 2003
Misdemeanor Domestic Battery not a Crime of Violence, Flores v. Ashcroft, Seventh Circuit, November 2003
In Flores v. Ashcroft the Seventh Circuit held
that a respondent
convicted under the Indiana Battery statute was not deportable for a
crime involving domestic violence because there was not a substantial
risk that the offense involved the use of force. November 26, 2003,
2003 U.S. App. LEXIS 24051
Download PDF case
convicted under the Indiana Battery statute was not deportable for a
crime involving domestic violence because there was not a substantial
risk that the offense involved the use of force. November 26, 2003,
2003 U.S. App. LEXIS 24051
Download PDF case
Posted at 03:35 PM Read More
Mon - September 15, 2003
Sunset of Additional $1,000 Filing Fee, Return to 65,000 Annual Limit on H-1B Petition Approvals (September 15, 2003)
September 15, 2003 MEMORANDUM from William R.
Yates /s/ Associate Director for Operations Bureau of Citizenship and
Immigration Services
Posted at 10:35 AM Read More
Thu - September 4, 2003
LIST OF DESIGNATED CIVIL SURGEONS, Form I-693 medical examination,
Citizenship & Immigration Services (CIS) CHICAGO
Most applicants for adjustment of status
are required to have a
medical
examination. The medical examination must be conducted by a civil
surgeon who has been designated by Citizenship and Immigration Services.
examination. The medical examination must be conducted by a civil
surgeon who has been designated by Citizenship and Immigration Services.
Posted at 10:35 AM Read More
Mon - August 4, 2003
Continuing Validity of Form I-140 Petition when the alien beneficiary claims eligibility benefits under §106(c) of AC21 due to a change in his or her employment.
08/04/03 Memo from William R. Yates /s/ Janis
Sposato HQBCIS
Posted at 09:35 AM Read More
Wed - July 30, 2003
Board of Immigration Appeals (BIA) Precedent Decisions
January 2002 to July 2003
Summaries
Posted at 10:35 AM Read More
Tue - July 8, 2003
Conviction under Immigration law includes Illinois sentence for "1410 probation" ( July 8, 2003)
Gill v. Ashcroft, (7th Cir.) 2003 WL 21525603.
July 8, 2003
Ct. of Appeal lacked jurisdiction to consider appeal of instant removal
order under 8 USC §1227(a)(2)(B)(i) based on existence of alien's prior
Illinois state court conviction for possession of cocaine that was
ultimately dismissed upon alien's successful completion of probation
period; under 8 USC §1101(a)(48)(A), alien's state court proceeding
qualified as "conviction" that precluded alien from applying for
discretionary relief from removal order.
Ct. of Appeal lacked jurisdiction to consider appeal of instant removal
order under 8 USC §1227(a)(2)(B)(i) based on existence of alien's prior
Illinois state court conviction for possession of cocaine that was
ultimately dismissed upon alien's successful completion of probation
period; under 8 USC §1101(a)(48)(A), alien's state court proceeding
qualified as "conviction" that precluded alien from applying for
discretionary relief from removal order.
Posted at 05:35 PM Read More
Tue - April 29, 2003
Demore v. Kim: Mandatory Detention Allowed | Custody & No
Bond/Bail: INA Sec. 236(c)(1), 8 U.S.C.S. Sec. 1226(c)(1) (April 29, 2003)
The US Supreme Court declared that lawful
permanent residents with
certain criminal convictions can be detained pursuant to INA §236(c)
without an individual bond hearing. The Court, however, also held that §
236(e) does not preclude habeas review of challenges to detention under
§ 236(c) .
The Supreme Court decision in Demore v. Kim applied only to
individuals who conceded deportability and explicitly did not address
the adequacy of the Matter of Joseph hearing, which allows a person to
be released if she or he can demonstrate that the government is
"substantially unlikely to prevail" on the charges of removal. To the
extent possible, non-citizens should not concede deportability and
request a Matter of Joseph hearing. 22 I. & N. Dec. 799 (BIA 1999)
http://callyourlawyers.com/pdfcaselaw/matterofjoseph.pdf
The Immigration Judge may make a determination on whether a lawful
permanent resident “is not properly included” in a mandatory detention
category, in accordance with 8 C.F.R. § 3.19(h)(2)(ii), either before
or after the conclusion of the underlying removal case. If this
threshold bond decision is made after the Immigration Judge’s resolution
of the removal case, the Immigration Judge may rely on that underlying
merits determination.
certain criminal convictions can be detained pursuant to INA §236(c)
without an individual bond hearing. The Court, however, also held that §
236(e) does not preclude habeas review of challenges to detention under
§ 236(c) .
The Supreme Court decision in Demore v. Kim applied only to
individuals who conceded deportability and explicitly did not address
the adequacy of the Matter of Joseph hearing, which allows a person to
be released if she or he can demonstrate that the government is
"substantially unlikely to prevail" on the charges of removal. To the
extent possible, non-citizens should not concede deportability and
request a Matter of Joseph hearing. 22 I. & N. Dec. 799 (BIA 1999)
http://callyourlawyers.com/pdfcaselaw/matterofjoseph.pdf
The Immigration Judge may make a determination on whether a lawful
permanent resident “is not properly included” in a mandatory detention
category, in accordance with 8 C.F.R. § 3.19(h)(2)(ii), either before
or after the conclusion of the underlying removal case. If this
threshold bond decision is made after the Immigration Judge’s resolution
of the removal case, the Immigration Judge may rely on that underlying
merits determination.
Posted at 03:35 PM Read More
Mon - February 10, 2003
ADJUSTMENT OF STATUS INTERVIEW: DOCUMENTARY REQUIREMENTS (I-485) Chicago
CIS
CIS Notice of Appointment of Interview for
Adjustment of Status to that of a Permanent Resident, Chicago,
Illinois
Posted at 11:35 AM Read More
Fri - January 31, 2003
Revised Cable on Child Status Protection Act, Department of State ALDAC #2 (01/03/03)
State Department cable clarifies the main points
of the Child Status Protection Act of 2000 ("CSPA"), Sample Worksheet for
Calculating Age in Section 3 Cases, January 2003
Posted at 09:35 AM Read More
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Published On: Dec 10, 2004 10:27 PM
Published On: Dec 10, 2004 10:27 PM