Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent...
USCIS, Sept. 19, 2024 "We have received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. Sept...
Lopez Orellana v. Garland "The question presented here is whether the Louisiana accessory-after-the-fact statute, LA.REV. STAT. § 14:25, is a categorical match for the generic federal offense...
USCIS, Sept. 18, 2024 "Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months...
Singh v. Garland "Petitioner Varinder Singh, a native and citizen of India, seeks rescission of a removal order entered in absentia. We previously granted Singh’s petition because the government...
Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all), the government reversed course. Now, it informs us, by letter, that it has located records confirming that Gomez was in fact processed normally through a Houston immigration checkpoint in 1993. We granted the motion to vacate and accepted supplemental briefing on the proper interpretation and application of Section 245a.2(u)(4). In its supplemental brief, the government explicitly concedes that Gomez was admitted in 1993. The only basis on which it defends the BIA’s order is that the regulation renders that admission legally ineffective. Thus, the question is whether the regulation’s language stating that Gomez returned “to the unlawful status held prior to” his adjustment to temporary resident status undoes Gomez’s 1993 admission. ... In summary, the language in 8 C.F.R. § 245a.2(u)(4) that provides for an alien to return to a previous unlawful status does not also undo a factual admission that occurred during the time when he was in lawful status. That is because his unlawful status does not encompass his lack of admission. Upon expiration of his temporary resident status, Gomez returned to his previous unlawful status (that is, he lost his permission to be present in the United States). But that does not change the historical fact that he had been admitted. Because Gomez was admitted, and the regulation does not undo that admission, the petition for review is GRANTED, and this matter is REMANDED for proceedings as needed. We express no view on what actions the BIA should take on remand." [Hats way off to Raed Gonzalez! And, appellate litigation geeks, note the lengthy discussion of deference: Chevron, Auer and Skidmore.]