LexisNexis® Legal Newsroom
Unpub. BIA Asylum Victory, 'Changed Personal Circumstances' - Matter of Chen

"While we agree with the Immigration Judge that "changed personal circumstances" do not, in and of themselves, constitute an exception to the filing deadline for asylum, we recognize that changed personal circumstances may form the basis of an exception under section 208(a)(2)(D) of the...

AAO Sec. 212(i) Waiver Victory - New York

Alan Lee writes: "[Linked] is a decision that we just received from the AAO sustaining our appeal of an INA §212(i) denial for a Chinese national entering the U. S. with a photo substituted Taiwanese passport who was placed in proceedings and remained in the country following an in absentia...

Private Civil Remedies: A Viable Tool for Guest Worker Empowerment

"Despite the well-known abuses of guest workers, the government has failed to curb them. Guest workers with H-2A and H-2B visas face appalling job conditions, including the confiscation of documents, wage and hour abuses, on-the-job injuries without treatment, unhealthy housing conditions, and verbal...

Jill Family: Local Prosecutors as Deportation Gatekeepers

Stephen Lee, De Facto Immigration Courts , 101 Cal. L. Rev. 553 (2013). Jill Family "In De Facto Immigration Courts , Stephen Lee untangles part of the thicket that is immigration law. Immigration law is a dense and unique fusion of administrative law, constitutional law, criminal...

AAO 'Doing Business' L-1 Victory

Alan Lee writes: "The attached unpublished decision of the AAO involves the interpretation of the words “doing business” in an I-140 EB-1C multinational executive/managerial petition where the U. S. petitioner’s evidence of such was only between itself and an overseas affiliate...

AAO (Published) on 'Doing Business' - Matter of Leacheng Intl., Inc.

Official Headnotes: (1) The definition of “doing business” at 8 C.F.R. § 204.5(j)(2) (2014) contains no requirement that a petitioner for a multinational manager or executive must provide goods and or services to an unaffiliated third party. (2) A petitioner may establish that it...

ICE Could Knock on Doors of 18,000 Central American Women, Kids

Esther Yu-Hsi Lee, ThinkProgress, Jan. 15, 2016 - "Beyond the wave of immigration raids targeting 121 individuals for potential deportation proceedings earlier this month by the Obama administration, there may be thousands more Central American women and children who remain at risk for being rounded...

Children Don’t Migrate, They Flee - Photo Exhibit

Esther Yu-Hsi Lee, Jan. 21, 2016 - "What awaits the tens of thousands of Central American children who flee on foot to the United States isn’t necessarily a happy life. It’s intolerance. It’s claims of disease and terrorism. And it’s lawmakers voting on legislation to kick...

CA6 on Padilla, Prejudice...And The National Interest: Lee v. USA

Lee v. USA, June 8, 2016 - "In Pilla we held that no rational defendant charged with a deportable offense and facing “overwhelming evidence” of guilt would proceed to trial rather than take a plea deal with a shorter prison sentence. 668 F.3d at 373. Lee finds himself in precisely this...

Supreme Court Grants Cert. in Immigration Case: Lee v. U.S.

Lee v. United States, No. 16-327, SCOTUSblog Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong evidence of guilt when the plea would result...

Supreme Court Oral Argument Preview: Lee v. U.S. (Tues., Mar. 28, 2017)

Manny Vargas, Mar. 24, 2017 - "Mr. Lee repeatedly asked his lawyer about the risk of deportation if he agreed to plead guilty. Again and again, the lawyer reassured Mr. Lee that he would not be deported given, as the lawyer put it, Mr. Lee’s “30 plus years of living in the U.S. and strong...

Transcript of Sup. Ct. Oral Argument: Lee v. US (Mar. 28, 2017)

Link here .