American Immigration Council and the Federal Immigration Litigation Clinic of the James H. Binger Center for New Americans, University of Minnesota Law School, Nov. 28, 2023 "This practice advisory...
This document is scheduled to be published in the Federal Register on 11/30/2023 "On October 30, 2023, the U.S. Department of State (Department of State) published a Notice of Proposed Rulemaking...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the...
On Nov. 17, 2023 the AAO reversed an EB-2 National Interest Waiver denial by the Texas Service Center, saying: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical...
ICE, Aug. 15, 2023 "This Directive provides guidance to U.S. Immigration and Customs Enforcement (ICE) personnel about Red Notices published by the International Criminal Police Organization (INTERPOL...
"When the proceedings against Guzman commenced, consideration for waiver of deportation pursuant to 8 U.S.C. § 1182(c) (1995) (INA § 212(c)) was available. However, the AEDPA was enacted a few months later and under its provisions § 1182(c) was amended to entirely eliminate the phrase “served for such felony . . . a term of imprisonment of at least 5 years.” AEDPA § 440(d). However, as we have previously held, the § 440(d) provision was not effective as to proceedings which had commenced prior to the date of its enactment. See Magana-Pizano v. INS, 200 F.3d 603, 611 (9th Cir. 1999). In other words, when Guzman pled guilty to first degree robbery, the protections previously offered by § 1182(c) remained in full force and effect. By the time Guzman pled guilty, IIRIRA had also been enacted and it eliminated relief under § 1182(c) (INA § 212(c)). IIRIRA § 304(b). However, that provision did not apply to aliens, like Guzman, whose proceedings had commenced before the enactment of IIRIRA. See Pascua v. Holder, 641 F.3d 316, 321 (9th Cir. 2011). In other words, at the time Guzman pled guilty, for him the § 1182(c) relief provision was “in full bloom, [and] the amending and repealing statutes did not retroactively take away that provision.” United States v. Leon-Paz, 340 F.3d 1003, 1006 (9th Cir. 2003). In short, the IJ erred when she failed to tell Guzman of the possibility that § 1182(c) (INA § 212(c)) relief was available; that violated his due process rights. Moreover, “the district court erred when it held to the contrary.” Leon-Paz, 340 F.3d at 1007." - USA v. Guzman-Ibarez, July 6, 2015. [Hats off to the L.A. Federal Defenders!]