USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire...
NILA, Sept. 25, 2024 "Increasingly, U.S. Citizenship and Immigration Services (USCIS) and other immigration agencies are challenging venue in U.S. district court lawsuits brought by noncitizens...
This document is scheduled to be published in the Federal Register on 09/26/2024 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
Mazariegos-Rodas v. Garland "Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners...
Cyrus Mehta, Sept. 23, 2024 "When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc . as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized...
Cordero-Garcia v. Garland
"This petition for review presents the following question: is dissuading or attempting to dissuade a witness from reporting a crime, in violation of California Penal Code (“CPC”) § 136.1(b)(1), “an offense relating to obstruction of justice” under 8 U.S.C. § 1101(a)(43)(S), and thus an “aggravated felony” for purposes of the Immigration and Nationality Act (“INA”)? Applying the categorical approach, we conclude that CPC § 136.1(b)(1) is not a categorical match to “an offense relating to obstruction of justice” under § 1101(a)(43)(S), which requires a nexus to an ongoing or pending proceeding or investigation, or to the federal witness tampering statute, 18 U.S.C. § 1512(b)(3), which requires the use of intimidation, threats or corrupt persuasion. Accordingly, we grant the petition for review and remand. ... For the reasons above, we hold that Cordero-Garcia’s conviction under CPC § 136.1(b)(1) is not “an offense relating to obstruction of justice” under 8 U.S.C. § 1101(a)(43)(S), and that he is not removable on that basis. We grant the petition for review and remand to the BIA for further proceedings consistent with this opinion."
[See Matter of Cordero-Garcia, 27 I&N Dec. 652 (BIA 2019). Hats way off to Michael K. Mehr!]