Immigration Law

Recent Posts

BIA on 'Waved Through,' 'Admitted in Any Status' - Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018)
Posted on 30 Jan 2018 by Daniel M. Kowalski

Matter of Castillo Angulo, 27 I&N Dec. 194 (BIA 2018) - (1) In removal proceedings arising within the jurisdiction of the United States Courts of Appeals for the Fifth and Ninth Circuits, an alien who was “waved through” a port of entry... Read More

CA9 on 'Wave Through' as Admission 'In Any Status' - Saldivar v. Sessions
Posted on 8 Nov 2017 by Daniel M. Kowalski

Saldivar v. Sessions, Nov. 7, 2017 - "Saldivar was “admitted” in 1993 when he was waved across the border after inspection by an immigration officer. Therefore, we must address only whether this “admission” was “in any... 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

CA2 on 212(h) - Husic v. Holder
Posted on 8 Jan 2015 by Daniel M. Kowalski

"Petition for review of a Board of Immigration Appeals (“BIA”) decision ordering the petitioner’s removal, denying his request for a waiver of inadmissibility under § 212(h) of the Immigration and Nationality Act, 8 U.S.C.... Read More

Third Circuit on CIMT, 'legally admitted': Totimeh v. Atty. Gen.
Posted on 17 Jan 2012 by Daniel M. Kowalski

"We decide whether the BIA erred in holding that Totimeh’s conviction under Minnesota’s predatory offender registration statute was a crime involving moral turpitude for purposes of the Immigration and Nationality Act (“INA”... Read More

Tags: admitted , cimt

Ninth Circuit on SIJ, "admitted in any status"
Posted on 4 Nov 2011 by Daniel M. Kowalski

"Jorge Raul Garcia (“Garcia”) petitions for review of the Board of Immigration Appeals’s (“BIA”) dismissal of his appeal of an Immigration Judge’s (“IJ”) decision denying his application for cancellation... 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