http://callyourlawyers.com/iblog/index.html/B1833440738 http://blogs.law.harvard.edu/tech/rss pblaw@callyourlawyers.com © Perry & Baker, Attorneys & Counselors Thu, 09 Dec 2004 21:19:49 -0600 Thu, 09 Dec 2004 21:20:05 -0600 iBlog 1.4.1 http://callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E867176938/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 13:40:05 -0600 http://callyourlawyers.com/iblog/index.html/B1833440738/C1537587039/E867176938/index.html http://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. ]]> Tue, 30 Mar 2004 01:23:19 -0600 http://callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1149098441/index.html http://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 ]]> Thu, 04 Dec 2003 19:10:22 -0600 http://callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E103889731/index.html http://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. ]]> Sat, 08 Nov 2003 12:02:52 -0600 http://callyourlawyers.com/iblog/index.html/B1833440738/C462365879/E1706212424/index.html http://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. ]]> Wed, 08 Oct 2003 20:21:32 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1062623860/index.html http://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. ]]> Tue, 07 Oct 2003 10:47:13 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E597620747/index.html http://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 ]]> Mon, 29 Sep 2003 15:10:58 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1282672291/E678252711/index.html http://callyourlawyers.com/iblog/index.html/B1833440738/C1282672291/E1224492583/index.html On August 6, 2002 President Bush signed the Child Status Protection Act.
This new law addresses the problem of minor children losing their
eligibility for certain immigration benefits as a result of INS
processing delays. (when children of U.S. citizens turn 21 years of age,
they "age-out" of their immediate relative status to the status of
family-first preference: the Fl category.) ]]> Mon, 29 Sep 2003 14:37:42 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1282672291/E1224492583/index.html http://callyourlawyers.com/iblog/index.html/B1833440738/C1202855932/E64921492/index.html 08/04/03 Memo from William R. Yates /s/ Janis Sposato HQBCIS ]]> Sun, 28 Sep 2003 19:58:17 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1202855932/E64921492/index.html http://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 ]]> Sun, 28 Sep 2003 19:36:48 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1243447823/E272271389/index.html http://callyourlawyers.com/iblog/index.html/B1833440738/C870359958/E1936869737/index.html

]]> Sun, 28 Sep 2003 16:08:35 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C870359958/E1936869737/index.html http://callyourlawyers.com/iblog/index.html/B1833440738/C481518184/E68320610/index.html January 2002 to July 2003 Summaries
]]> Sun, 28 Sep 2003 16:03:05 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C481518184/E68320610/index.html http://callyourlawyers.com/iblog/index.html/B1833440738/C1375332841/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. ]]> Sun, 28 Sep 2003 15:54:34 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1375332841/E675228654/index.html http://callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1362608245/index.html ADVANCE PAROLE (travel document) INSTRUCTIONS, Chicago CIS Office ]]> Sun, 28 Sep 2003 15:35:36 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1362608245/index.html http://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 ]]> Sun, 28 Sep 2003 15:32:56 -0500 http://callyourlawyers.com/iblog/index.html/B1833440738/C1075917879/E1676067069/index.html