Matter of LARIOS-GUTIERREZ DE PABLO and PABLO-LARIOS, 28 I&N Dec. 868 (BIA 2024) The Board’s holding in Matter of Fernandes, 28 I&N Dec. 605, 610–11 (BIA 2022), that an objection to a noncompliant notice to appear will generally be considered...
Expert immigration litigator Margaret D. Stock recently won this victory in Immigration Court. Very few attorneys could have spotted, much less threaded, this retroactivity / stop-time rule needle. (ICE did not appeal.)
Zaragoza v. Garland "Dulce Zaragoza, a native and citizen of Mexico and a lawful permanent resident of the United States, pleaded guilty to the Indiana offense of criminal neglect of a dependent after locking her six-year-old son in a closet for six hours...
Reyes Afanador v. Garland "Taking these [retroactivity analysis] factors together, the second, third, and fourth factors all weigh against applying Cortes Medina to Reyes’s 2011 conviction, and the fifth factor, which weighs in favor of retroactivity, is...
Rendon v. Atty. Gen. "Carlos Rendon began living in the United States as a lawful permanent resident in 1991. Then in 1995, he pled guilty to resisting a police officer with violence. Under immigration law this offense qualifies as a crime involving moral...
Francisco-Lopez v. Barr "We grant review and join several other circuits in ruling that the BIA should not have retroactively applied Diaz-Lizarraga. See Monteon-Camargo v. Barr, 918 F.3d 423 (5th Cir. 2019); Garcia-Martinez v. Sessions, 886 F.3d 1291 (9th...
H. Raymond Fasano writes: "Attached please find a decision from the EDNY that I won yesterday. The district court Judge, LeShann DeArcy Hall held that INA Sec. 204(c) has an impermissible retroactive effect if it is applied to a marriage fraud that occurred...
Lopez Ventura v. Sessions - "Because the application of § 1182(a)(2)(A)(i)(II) to Lopez Ventura is impermissibly retroactive, we grant the petition for review, reverse the order of the BIA, and remand for the BIA to determine whether Lopez Ventura was convicted...
Centurion v. Sessions, June 21, 2017 - "Petitioner Charles William Centurion, a lawful permanent resident of the United States, was placed in removal proceedings after a brief 2007 trip to the Dominican Republic because of a drug offense he committed in Texas...
Lauria v. Sessions, Feb. 24, 2017 - "[W]ithout now deciding whether Vartelas identifies commission or conviction as the relevant date, but relying on the parties’ view that the matter may be decided by reference to commission, we remand for the agency to develop...
Gutierrez-Brizuela v. Lynch, Aug. 23, 2016 - "Hugo Gutierrez-Brizuela applied for adjustment of status in reliance on our decision in Padilla-Caldera I during the period it remained on the books. About that much there is no dispute. But unlike Mr. De Niz...
David A. Isaacson, Oct. 26, 2015 - " Earlier this year, in Zombie Precedents, the Sequel , I discussed how the Second Circuit’s April 2015 decision in Lugo v. Holder exemplified a better way of dealing with precedent decisions that had been overturned...
"[W]e take heart from the fact that the only other circuit to have considered the competing factors at play in a case like our own has reached the same judgment we do. In Acosta-Olivarria, the Ninth Circuit employed its version of the Stewart Capital factors...
"In Garfias-Rodriguez v. Holder, 702 F.3d 504 (9th Cir. 2012) (en banc), we reserved the question whether a noncitizen applying for adjustment of immigration status could reasonably rely on an opinion of this court during a period in which the Board of Immigration...
"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...