LexisNexis® Legal Newsroom
    Transcript of Duenas-Alvarez Supreme Court Oral Argument

    December 5, 2006. Duenas-Alvarez transcript 12-5-06.pdf

    Business owner must forfeit $1.5 million for conspiring to harbor aliens

    "FARGO, N.D. - The owner of an Indiana company that performed stucco-related services at construction sites in at least seven Midwest states agreed to forfeit more than $1.5 million after pleading guilty to conspiring to harbor illegal aliens."...

    PERM FAQ #9

    Nov. 29, 2006. http://www.foreignlaborcert.doleta.gov/pdf/perm_faqs_11-29-06.pdf

    Sixth Circuit: BIA Failed to Exercise Discretion

    "We conclude that, as a matter of law, when the BIA rejects the underlying reason for an IJ's decision to deny voluntary departure, and then makes no determination of its own on the voluntary departure issue, the BIA has not exercised any discretion...

    District Court Partially Reverses AAO

    "SnapNames's motion for summary is GRANTED IN PART as to its 'skilled workers' petition and DENIED IN PART as to the 'professional' and 'member of the professions holding advanced degrees' petitions." SnapNames.com...

    Supreme Court Decision: Lopez v. Gonzales

    "The question raised is whether conduct made a felony under state law but a misdemeanor under the Controlled Substances Act is a 'felony punishable under the Controlled Substances Act.' 18 U. S. C. §924(c)(2). We hold it is not." Dec...

    Unlawful Poss. of Firearm Not Necessarily Agg. Fel.

    "[T]he 2000 state-court conviction does not qualify as an aggravated felony; at least not when compared to 18 U.S.C. § 922(g)(5). Cf. Li, 389 F.3d at 899 (Kozinski, J., concurring) ("when the crime of conviction, is broader because it is missing...

    Supreme Court limits deportation for drug crimes

    "The Supreme Court ruled, by an 8-1 vote on Tuesday, that conviction of a drug crime that is a felony under state law but only a misdemeanor under federal law is not kind the kind of offense that triggers potential deporation. Justice David H. Souter...

    Today's Supreme Court Oral Argument: Another View

    Thanks to Nancy Morawetz for spotting this and for pointing out that the framing of the issues has changed since the cert. petitions : "The following argument preview was written by Steven C. Wu, an attorney with Akin Gump in Washington, DC. On Tuesday...

    USCIS Adds New Records System: BCS

    "USCIS established a new system of records that will consolidate all background check requests and results on immigration benefit applicants/petitioners. This new system of records is called the Background Check Service (BCS). USCIS conducts three...

    Editor's Corner: Facts Schmacts

    It's not quite the same level of importance as whether or not there were weapons of mass destruction in Iraq, but one would hope the government cared a little more about basic facts. Especially on the USCIS Naturalization Examination. In the December...

    IJ Neglected Future Fear

    "At oral argument, the government conceded a finding of past persecution by the Immigration Judge (IJ). The IJ, therefore, abused his discretion when he failed to address the effect of the corresponding presumption of a well-founded fear of future...

    BIA Forced a Choice Between TPS and VD

    "The government contends that Petitioners were not prejudiced by the IJ's failure to advise them of their eligibility for TPS because they were able to apply for, and obtain, TPS while their appeal was pending before the BIA. We reject this contention...

    AAO Abused Discretion in H-1B Case

    "The Court finds that the AAO provided no basis for its decision. The AAO did not cite any evidence in support of its conclusion. It did not discuss the specific job duties of the position, why the duties are not specialized or complex, or why the...

    Second Circuit: BIA Improperly Conducted De Novo Review

    "The IJ determined that Petitioner was credible and had satisfied his burden of demonstrating past persecution in light of Petitioner's wife's forced abortion in China by family planning officials. ... The BIA vacated the IJ's decision...

    Mapping Local Ordinances

    Want to know if your locale is anti-immigrant or immigrant-friendly? FIRM has done the mapping for you with this link to seven maps and charts. Dec. 1, 2006. http://www.immigrantsolidarity.org/Documents/Nov06OverviewLocalOrdinances/

    Chris Nugent on 2006

    "2006 clearly will be remembered as one of the most momentous years in the on-going debate over the direction and shape of U.S. immigration law and policy." AfricaLog.com, Nov. 27, 2006. http://www.africalog.com/info2.html

    Another Zadvydas Victory

    It is beyond cavil that petitioner is correct in noting that his removal is affected by the fact that the country that claimed him as a citizen no longer exists. It is not clear which, if either, of the nations that once made up Serbia and Montenegro...

    Ninth Circuit on Abuse of Discretion

    "Although Petitioner did not comply with the correct change-of-venue procedures while proceeding pro se, she was diligent in seeking to understand and follow them. She relied on erroneous advice from the INS. In addition, her only daughter is a United...

    Seventh Circuit on Streamlining, "Absurd Results"

    "[U]nder the Luu-Le approach to § 1227(a)(2)(B)(i) urged by the government, Gutnik became deportable by pleading to the lesser crime. Had he instead taken his chances with the more serious conviction for marijuana possession, he would have faced...

    Refugees at Risk under Sweeping "Terrorism" Bar

    "The government?s concept of 'material support' is so broad that it ends up affecting refugees who do not support terrorism, and even refugees who are actually the victims of violent groups ? like Colombian refugees who have been forced to...

    Tooby: Negligence and Recklessness Are Insufficient to Constitute Crimes of Violence

    "November 22, 2006: This article will describe how to construct a safe haven (non-deportable disposition of a criminal case) in the assault context, and show how the method can be applied more broadly." http://criminalandimmigrationlaw.com/...

    Questions and Answers for New Pilot Naturalization Exam

    "On November 30, 2006, U.S. Citizenship and Immigration Services (USCIS) Director Emilio Gonzalez announced the release of 144 questions and answers for the pilot test of a new naturalization exam. USCIS will administer the pilot exam to about 5...

    New Pilot Natz. Exam Q&A

    "USCIS Director Emilio Gonzalez announced today the release of 144 questions and answers for the pilot test of a new naturalization exam." USCIS, Nov. 30, 2006. http://www.uscis.gov/files/pressrelease/NatzTestQs113006.pdf

    Natz. Exam Redesign

    "USCIS is revising the naturalization test to create a test and testing process that is standardized, fair and meaningful." USCIS Fact Sheet, Nov. 30, 2006. http://www.uscis.gov/files/pressrelease/FactSheetNatzTest113006.pdf