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Unpub. BIA Refugee Waiver Victory: Bosnia

"As noted by the Immigration Judge the respondent's omissions are particularly concerning where, as here, the respondent failed to disclose his VRS service, as the organization, and specifically the Zvornik Infantry Brigade's 4th Infantry Battalion where the respondent served, was responsible...

NBC I-601A Provisional Unlawful Presence Waiver Slides

NBC I-601A Provisional Unlawful Presence Waiver Slides - 58 pages, from Jan. 2013 . [Hats off to AILA for obtaining these through FOIA!]

CA11 on 212(h): Rivas v. U.S. Attorney General

"This petition for review requires us to decide whether a deportable alien who has left and reentered the United States may obtain nunc pro tunc a waiver of inadmissibility. See Immigration and Nationality Act § 212(h), 8 U.S.C. § 1182(h). The State of Florida twice convicted petitioner...

CA6 on 212(h): Stanovsek v. Holder

"This case raises the issue of whether an alien who has adjusted his status to that of a lawful permanent resident after being admitted to the United States on a nonimmigrant visa, and who is later subject to removal for committing an aggravated felony, may seek a hardship waiver. A provision of...

California: The Applicant’s Attorney's Right to a 5814.5 Fee

The WCAB explains why a 5814.5 fee should be awarded where a 5814 penalty is found In Juarez v. Watkins Manufacturing Corporation, 2014 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB, having previously issued a Notice of Intention (NIT) to award attorney’s fees [see Juarez v. Watkins Manufacturing...

Another Ineffective Reservation Of Rights Case

After two years of writing Coverage Opinions I know when a case resonates with readers. A case in the last issue of CO resonated. Really resonated. The case was Advantage Builders & Exteriors v. Mid-Continent Casualty Co., No. WD 76880 (Mo. Ct. App. Sept. 2, 2014), [ enhanced version available to...

AAO I-212 Waiver Victory - Houston

"The record ... reflects that the applicant has expressed remorse for her actions and that she has paid taxes on her earnings as a nanny while in the United States. In addition, the applicant submits statements from friends and family describing her good character. The unfavorable factors in this...

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s presence in Dallas and the fact that proceedings...

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that the spouse works extensive hours and would likely...

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s) right to subrogate against the third party settlement...

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General Assembly would not do anything to make mechanic’s...

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry

Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case "The State Department Waiver Review Division (WRD) issued a not favorable recommendation on an I-612 hardship waiver application...

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour

Official Headnote : Adjustment of status constitutes an “admission” for purposes of determining an alien’s eligibility to apply for a waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012). Matter of Connelly , 19 I&N Dec....

Legislative Update: Bill Introduced in the Pennsylvania House of Representatives to Amend the Contractor and Subcontractor Payment Act

By Jim Miller House Bill 726 (the “Bill” or “HB 726”), [ enhanced version available to lexis.com subscribers ], seeks to make several amendments to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. (the “Act”), [ enhanced version...

Update Relating to SB891 and Bond Claim Waivers

Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March , SB891, [ enhanced version available...

Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege

By Erica Villanueva Recently, the California Court of Appeal decided County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [ enhanced version available to lexis.com subscribers ], a case considering whether the Los Angeles County Sheriff's Department...

DHS Proposed Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

The following is the text of the proposed rule that the Secretary signed on July 14, 2015, and that the Department has sent to the Federal Register for publication. The Federal Register will publish the official version of this document. - "The Department of Homeland Security (DHS) proposes to expand...

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim nunc pro tunc under N.Y. Workers’...

Why Failure To Read Policy Hurts Both Insured and Insurer – Per Claim Deductible Defeats Cover for Bad Faith Suit

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015 U.S. App. LEXIS 13263 (C.A.8 (Mo.) 7/30/2015), [subscribers...

AAO I-601 Extreme Hardship Victory (Mexico; Detroit)

Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!