1. Re-Parole Process for Certain Afghans
2. Afghan Re-Parole FAQs
3. Certain Afghan Parolees Are Employment Authorized Incident to Parole
Visa Bulletin for July 2023
D. FAMILY-SPONSORED SECOND PREFERENCE AVAILABILITY
In the April 2023 Visa Bulletin, it was necessary to establish a final action date in the F2A category...
Arizmendi-Medina v. Garland
"Andres Arizmendi-Medina, a native and citizen of Mexico, was ordered by an immigration judge (IJ) to be removed from the United States after the IJ ruled that Arizmendi...
Filed June 7, 2023
ICE, May 11, 2023
President Biden announced the termination of the Coronavirus Disease (COVID-19) Public Health Emergency, effective on May 11, 2023, following the termination...
Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) - Under the modified categorical approach, an Immigration Judge may consider the transcript of a plea colloquy in determining the factual basis of a plea.
"The transcript of the respondent’s change of plea hearing demonstrates that the factual basis for the respondent’s amended plea was for an aggravated assault with a deadly weapon under section 13-1204(A)(2) of the Arizona Revised Statutes, in which the underlying assault was committed by intentionally placing another person in reasonable apprehension of imminent physical injury under section 13-1203(A)(2). The respondent contends that this offense does not require the level of force necessary to constitute a crime of violence pursuant to 18 U.S.C. § 16(a). The Ninth Circuit, however, has held that a conviction for aggravated assault under sections 13-1203(A)(2) and 13-1204(A)(2) of the Arizona Revised Statutes does categorically constitute a crime of violence under 18 U.S.C. § 16(a). Cabrera-Perez, 751 F.3d at 1007. As the respondent’s offense qualifies as a crime of violence under 18 U.S.C. § 16(a), for which he was sentenced to 3.5 years in prison, we affirm the Immigration Judge’s conclusion that the respondent is removable under section 237(a)(2)(A)(iii) of the INA, 8 U.S.C. § 1227(a)(2)(A)(iii), for having been convicted of an aggravated felony crime of violence. Accordingly, the appeal will be dismissed. ORDER: The appeal is dismissed."