Immigration Law

Recent Posts

Cesar Vargas, DACAmented Lawyer
Posted on 4 Jun 2015 by Daniel M. Kowalski

Matter of Application of Cesar Adrian Vargas for Admission to the Bar of the State of New York - 2015 NY Slip Op 04657 - Decided on June 3, 2015 - Appellate Division, Second Department : "We are called upon to determine whether an undocumented immigrant... Read More

Hong Yen Chang Admitted to California Bar...125 Years Late
Posted on 17 Mar 2015 by Daniel M. Kowalski

"We grant Hong Yen Chang posthumous admission as an attorney and counselor at law in all courts of the state of California. ... it is past time to acknowledge that the discriminatory exclusion of Chang from the State Bar of California was a grievous... Read More

Admission of Pot Use, Ever, May Bar Entry Into U.S.A.
Posted on 4 Apr 2013 by Daniel M. Kowalski

"Ever try pot? Answer yes to a border agent, and foreigners could face permanent consequences even if they haven't used marijuana in years. More and more Canadians are learning the hard way that admitting to U.S. border agents that you smoked... Read More

BIA on Admission, CIMT: Matter of Pinzon
Posted on 20 Aug 2013 by Daniel M. Kowalski

(1) An alien who enters the United States by falsely claiming United States citizenship is not deemed to have been inspected by an immigration officer, so the entry is not an “admission” under section 101(a)(13)(A) of the Immigration and Nationality... Read More

Tags: admission , pinzon , 3791 , cimt

Matter of V-X-, 26 I&N Dec. 147 (BIA 2013)
Posted on 26 Jun 2013 by Daniel M. Kowalski

(1) A grant of asylum is not an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2006). (2) When termination of an alien’s asylum status occurs in... Read More

CA8 on Evidence of Admission, Departure: Rodriguez-Quiroz v. Lynch
Posted on 31 Aug 2016 by Daniel M. Kowalski

Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following... Read More

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour
Posted on 18 May 2015 by Daniel M. Kowalski

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... Read More

CA5 on Cancellation, 'Admitted in Any Status' - Tula-Rubio v. Lynch
Posted on 22 May 2015 by Daniel M. Kowalski

"Tula-Rubio contends that he satisfies the seven-year continuous-residency requirement of the second element because he was waved through a border crossing in 1992, while the Government argues that the Board correctly held that this entry into the... Read More

CA5 on Chevron, Adjustment, Admission and Proper NTA Charging: Marques v. Lynch
Posted on 24 Aug 2016 by Daniel M. Kowalski

Marques v. Lynch, Aug. 19, 2016 - "We are urged to press on beyond the seemingly clear language of the statute into the ambiguity created by the overall operation of the INA. The possibility of venturing beyond the confines of Sections 1227(a)(1... Read More

California Supreme Court to Rule on Bar Admission of Hong Yen Chang
Posted on 14 Mar 2015 by Daniel M. Kowalski

" Last spring , ImmigrationProf reported on the efforts of UC Davis law students to seek the posthumous admission of Hong Yen Chang to the California State Bar. More than a century ago, Chang was denied the opportunity to practice law in California... Read More

BIA on Family Unity, 'Admission' - Matter of Fajardo Espinoza
Posted on 8 Jun 2015 by Daniel M. Kowalski

Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of... Read More

Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva
Posted on 27 Jul 2017 by Daniel M. Kowalski

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made... Read More

TPS = Admission for AOS Purposes: Ramirez v. Dougherty
Posted on 6 Jun 2014 by Daniel M. Kowalski

"The only issue for the Court is whether Mr. Ramirez was “inspected and admitted,” and therefore eligible to adjust his status. The determination hinges on the interplay between the adjustment of status statute, § 1255(a), and a... Read More

Two New Practice Advisories from the AIC Legal Action Center
Posted on 3 Feb 2013 by Daniel M. Kowalski

Inspection and Entry at a Port of Entry: When is there an Admission? - "This practice advisory discusses entries in three common situations: where a noncitizen is “waved” through a port of entry with no questions asked; where entry is... Read More

HHS Final Rule: Medical Examination of Aliens - Revisions to Medical Screening Process
Posted on 27 Jan 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 - "The Centers for Disease Control and Prevention (CDC), within the Department of Health and Human Services (HHS), is issuing this final rule (FR) to amend its regulations governing medical... Read More