IMMpact Litigation, Apr. 25, 2024 "IMMpact Litigation, seeking redress for over 100,000 Ukrainian nationals paroled into the United States post-February 2022, today announces a significant advancement...
DOL, Apr. 26, 2024 "The Department of Labor today announced a final rule to strengthen protections for farmworkers . The rule targets vulnerability and abuses experienced by workers under the H...
NILA, Apr. 24, 2024 "The National Immigration Litigation Alliance (NILA) and Innovation Law Lab are thrilled to announce that, in response to the lawsuit we filed against the United States Citizenship...
NILA, Apr. 24, 2024 "Today, three immigration attorneys and two individuals filed a prospective class action lawsuit in federal court, challenging U.S. Customs and Border Protection’s (CBP...
USCIS, Apr. 23, 2024 "U.S. Citizenship and Immigration Services (USCIS) today announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to increase capacity...
Pesikan v. Atty. Gen.
"Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the influence (“DUI”) of marijuana constituted an offense involving a “controlled substance,” as defined in the federal Controlled Substances Act (“CSA”), thereby rendering him removable under the Immigration and Nationality Act of 1952, 8 U.S.C. § 1227(a) (“INA”). We agree and will grant his petition for review. ... In sum, because the identity of the specific controlled substance is not an element of the Pennsylvania DUI statute, the state statute of conviction is indivisible and cannot serve as the basis for Pesikan’s removal under the INA. ... For the foregoing reasons, we will grant Pesikan’s Petition for Review in case number 21-1262 and will reverse the order for removal."
[Hats way off to appointed pro bono counsel Bruce Merenstein, Arleigh Helfer and Stephen Fogdall (argued)! Here is a link to the audio of the oral argument.]
- Stephen A. Fogdall