http://www.callyourlawyers.com/iblog/index.html/B1833440738 http://blogs.law.harvard.edu/tech/rss pbl@callyourlawyers.com © Perry & Baker, Attorneys & Counselors Fri, 10 Dec 2004 22:27:53 -0600 Fri, 10 Dec 2004 22:27:56 -0600 iBlog 1.4.1 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E1869356296/index.html 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.
]]> Tue, 09 Nov 2004 18:47:45 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E1869356296/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1149098441/index.html 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. ]]> Mon, 10 May 2004 14:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1149098441/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E2067159556/index.html 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. ]]> Wed, 10 Dec 2003 10:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E2067159556/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E1329442077/index.html 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 ]]> Wed, 10 Dec 2003 09:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E1329442077/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E597620747/index.html 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. ]]> Wed, 10 Dec 2003 08:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E597620747/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E1706212424/index.html 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. ]]> Sun, 30 Nov 2003 09:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E1706212424/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E103889731/index.html 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 ]]> Wed, 26 Nov 2003 15:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E103889731/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1243447823/E272271389/index.html September 15, 2003 MEMORANDUM from William R. Yates /s/ Associate Director for Operations Bureau of Citizenship and Immigration Services ]]> Mon, 15 Sep 2003 10:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1243447823/E272271389/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1062623860/index.html 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. ]]> Thu, 04 Sep 2003 10:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1062623860/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1202855932/E64921492/index.html 08/04/03 Memo from William R. Yates /s/ Janis Sposato HQBCIS ]]> Mon, 04 Aug 2003 09:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1202855932/E64921492/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C481518184/E68320610/index.html January 2002 to July 2003 Summaries
]]> Wed, 30 Jul 2003 10:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C481518184/E68320610/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E675228654/index.html 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. ]]> Tue, 08 Jul 2003 17:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E675228654/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E184779943/index.html 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. ]]> Tue, 29 Apr 2003 15:35:10 -0500 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E184779943/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1676067069/index.html CIS Notice of Appointment of Interview for Adjustment of Status to that of a Permanent Resident, Chicago, Illinois ]]> Mon, 10 Feb 2003 11:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1676067069/index.html http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1282672291/E678252711/index.html 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 ]]> Fri, 31 Jan 2003 09:35:10 -0600 http://www.callyourlawyers.com/iblog/index.html/B1833440738/C1282672291/E678252711/index.html