Texas v. US : "The court declares that defendants lack statutory authority under 8 U.S.C. § 1182(d)(5)(A) itself (as opposed to under other provisions modifying or supplementing that authority...
Branski v. Brennan Seng "USCIS did not adequately explain its conclusion that Branski failed to identify “[p]ublished material about [him] in professional or major trade publications or other...
Alexandra Ribe at Murray Osorio PLLC reports: "I wanted to share a case that my firm recently won with the BIA. It is unpublished but definitively states that regardless of whether proceedings are...
Artificial Intelligence for Lawyers: Ethical Concerns and Best Practices Date: 11/22/2024 Time: 12:45pm - 2:00pm Eastern Time (US & Canada) CLE Instruction: 60 Minutes Presenter(s): Angela...
This document is scheduled to be published in the Federal Register on 11/08/2024 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally...
"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for consideration. We remand so that petitioner may be considered for discretionary relief. ...
The modified categorical approach cannot resolve this case because it is not established from the record of conviction under which prong of the statute Villanueva was convicted. Accordingly, given that the entirety of the Connecticut statute does not qualify as a "crime of violence," we cannot conclude that Villanueva was convicted of a crime of violence. ...
In short, the plea colloquy does not establish that Villanueva admitted to an intentional assault under subsection (1) of the Connecticut statute, and so the BIA erred in concluding that he was convicted under that subsection. ... Because the parties agree that third-degree assault, as defined by Connecticut law, is not categorically a crime of violence, see Leocal, 543 U.S. at 9; Fish, 758 F.3d at 9-10 & n.4, we hold that Villanueva's conviction does not render him ineligible for TPS. Accordingly, we vacate the BIA's decision and remand this case to the agency so it may determine whether Villanueva warrants TPS relief as a matter of discretion." - Villanueva v. Holder, Apr. 24, 2015. [Hats off to Eduardo Masferrer!]