Superlitigator George A. Terezakis writes: " This case involved Judge Kolbe at Varick Street. I extensively briefed her demonstrated bias and hostility throughout the proceedings, and her repeated directives to DHS to file additional charges of removability...
NIPNLG, Mar. 2023 "This practice advisory introduces and provides an overview of the eligibility requirements for VAWA cancellation. ... Publication of the Immigrant Legal Resource Center (ILRC) and the National Immigration Project of the National Lawyers...
Rosa-Rodriguez v. Garland, Mar. 22, 2023 "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion...
Troncoso-Oviedo v. Garland "The question before us is whether pretrial detention that is not credited toward a defendant’s sentence is confinement “as a result of conviction.” See 8 U.S.C. § 1101(f)(7). We hold that it is not. ... Pretrial detention not...
Cruz-Garcia v. Garland "Jose Manuel Cruz-Garcia petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from an Immigration Judge's ("IJ") order denying cancellation of removal. Because...
Said v. Garland "[W]e conclude that the BIA and IJ erred in finding that Said was ineligible for cancellation of removal. By the plain language of § 893.02(3), not all substances that it proscribes are federally controlled. Section 893.02(3) includes “all...
Matter of Hernandez-Romero, 28 I&N Dec. 374 (BIA 2021) Section 240A(c)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(c)(6) (2018), bars an applicant, who has previously been granted special rule cancellation of removal under the Nicaraguan Adjustment...
Ortega-Lopez v. Barr "Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of removal under...
Kate Evans, Oct. 19, 2020 "On Wednesday, the Supreme Court heard oral argument in Pereida v. Barr , an effort by Clemente Pereida, who has lived in the United States without authorization for nearly 25 years, to avoid mandatory deportation by presenting...
Real-Mendoza v. Barr "[T]he Board erred in deeming Mr. Real-Mendoza ineligible for cancellation of removal based on the stop-time rule. Mr. Real-Mendoza had resided continuously in the United States for at least ten years, so the agency shouldn’t have deemed...
Matter of Voss, 28 I&N Dec. 107 (BIA 2020) If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality Act...
Prof. Nancy Morawetz, Apr. 23, 2020 "Today’s Supreme Court decision in Barton v. Barr (see also here ), is disappointing on many levels. It ignores congressional intent and closes off relief for long term lawful permanent residents (LPRs) who have long...
Barton v. Barr [Maj. Op.] "Barton argues that the BIA and the Eleventh Circuit misinterpreted the statute. He contends that the §1182(a)(2) offense that precludes cancellation of removal must be one of the offenses of removal. We disagree with Barton, and...
Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020) (1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying...
Ramos da Silva v. Atty. Gen. "Appellant Ludimilla Ramos Da Silva petitions for review of her final order of removal. She contends that the Board of Immigration Appeals erred when it concluded that her convictions for assaulting her husband’s mistress were...