PM 25-20 - CANCELLATION OF DIRECTOR’S MEMORANDUM 23-02
In Tumi v. Higgins , Vermont Federal District Judge Geoffrey W. Crawford ruled that USCIS' denial of Tumi's O-1A visa petition on behalf of famous designer Nicolas Baurain was arbitrary and capricious...
Here is the Memo; here is the Order. NOTE: Earlier today, Thursday, Feb. 6, 2025, Senior U.S. District Judge John C. Coughenour GRANTED a Preliminary Injunction in WA v. Trump. I will post his Memo and...
PM 25-18 - CANCELLATION OF DIRECTOR’S MEMORANDUM 22-06 AND REINSTATEMENT OF POLICY MEMORANDUM 20-05 PM 25-19 - EOIR’S ANTI-FRAUD PROGRAM
Funez-Ortiz v. McHenry "For nearly ten years, a Honduran gang conducted a campaign of terror and violence in Honduras against Petitioner Melvin Funez-Ortiz and his family. The gang murdered several...
Lopez-Chavez v. Garland
"In May 2017, an Immigration Judge (IJ) determined that Lopez-Chavez is ineligible for cancellation of removal because his 2006 federal conviction for illegal reentry in violation of 8 U.S.C. § 1326 qualifies as an aggravated felony. The Board of Immigration Appeals (BIA) affirmed the IJ’s ruling and dismissed Lopez-Chavez’s administrative appeal the following year. The question now before the court is whether Lopez-Chavez’s 2006 conviction qualifies as an aggravated felony under the INA, thus making Lopez-Chavez statutorily ineligible for cancellation of removal. We hold that it does not. ... Because Lopez-Chavez’s 2003 Missouri marijuana conviction is not a categorical match for the corresponding federal offense in 8 U.S.C. § 1101(a)(43)(B), the 2006 conviction for illegal reentry under § 1326 does not qualify as an aggravated felony under § 1101(a)(43)(O). Accordingly, Lopez-Chavez is not statutorily ineligible for cancellation of removal. See 8 U.S.C. § 1229b. We grant the petition for review, vacate the BIA’s order, and remand for proceedings consistent with this opinion."
[Hats off to Andrew K. Nietor!]