LexisNexis® Legal Newsroom
DOL Settlement in Prince George's County (Maryland) H-1B Case

Issue Date: 20 September 2011 Case No.: 2011-LCA-00026 In the Matter of ADMINISTRATOR, WAGE AND HOUR DIVISION, et al., Prosecuting Parties, v. BOARD OF EDUCATION of PRINCE GEORGE’S COUNTY, Respondent. DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT [Over $4M in wages, plus $100K civil...

Padilla retroactive in Maryland: Denisyuk v. State

Mark Denisyuk v. State of Maryland , No. 45, September Term 2010 - SIXTH AMENDMENT – RIGHT TO EFFECTIVE COUNSEL – GUILTY PLEA – NOTIFICATION OF IMMIGRATION CONSEQUENCES – In light of the Supreme Court’s holding in Padilla v. Kentucky, 559 U.S. ___, 130 S. Ct. 1473 (2010...

Cancellation Victory in Maryland

Gina Michele Takemori reports: "I am just beaming ear-to-ear as today my client of approximately six years has received a grant of Cancellation of Removal under section 240A(b)(1). He is Mexican, had a legal entry as an agricultural worker, has three U.S. Citizen minor children, one with severe...

Hoping for reprieve: Md. immigrants await new policy

"Alfaro is among the first in the nation whose immigration case will be reviewed under a new Obama administration policy that directs federal prosecutors to focus attention on people who have committed crimes since arriving in the United States while freezing the cases of some who have not. Baltimore...

Maryland Commission Recommends 'Common Sense' Immigration Policy

For Immediate Release February 9, 2012 Contacts: Neil Tickner, 301 405 4622 or ntickner@umd.edu Maryland Commission Recommends 'Common Sense' Immigration Policy Larry Shinagawa, commission chair and UMD professor Click image for hi-res . ...

CA4 (en banc) on Md. Resisting Arrest, Crime of Violence: U.S. v. Aparicio-Soria

"The issue before us is whether the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and therefore qualifies categorically as a “crime of violence”...

ICE Sweeps Aimed at Criminals Deport Many With No Record

"More than 40 percent of the immigrants deported from Maryland under a sweeping federal program called Secure Communities have no prior criminal record — a percentage that puts the state among the top five in the nation for such deportations, an analysis by The Baltimore Sun shows." ...

Maryland Gov. Seeks Answers From DHS on S-Comm

"Gov. Martin O'Malley on Tuesday demanded that the U.S. Department of Homeland Security explain why federal officials are deporting a higher share of noncriminals from Maryland than from most other states under a controversial immigration program called Secure Communities. In a sharply worded...

Cert. Denied in Maryland Immigrant Arrest Case: Frederick County Bd. of Comm. v. Orellana Santos

"The U.S. Supreme Court declined Monday to review a Frederick County case in which a woman challenged local authorities' power to arrest her on an immigration violation, cementing her victory in a case that has been closely watched by both sides of the immigration debate. Supporters of Roxana...

I-864 Affidavit of Support Victory in Maryland: Toure-Davis v. Davis

"[T]he Form I-864 is a contract between the sponsor (in this case, Defendant) and the U.S. Government. 8 C.F.R. § 213a.2(d). This obligation of support, imposed by federal law, is separate and apart from any obligation of support imposed under Maryland law or right to support waived by the...

FTC Wins Court Judgment Against Immigration Services Scam

"A federal court has ordered the operators of a Baltimore-based immigration services scam to pay as much as $616,000 in refunds to Spanish-speaking immigrants, who were deceived into paying the defendants for immigration services that they were not qualified or authorized to provide. The order bans...

News Excerpts From the May 1, 2014, Bender’s Immigration Bulletin

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

Unpub. BIA Suppression Victory (Remand) in Baltimore

Prof. Maureen A. Sweeney writes: "I thought your readers would be interested in our recent unpublished BIA suppression victory , which rejected an IJ's reasoning that DHS was absolved from any legal repercussions of an allegedly illegal arrest simply because the arrest was carried out by state...

AAO on CIMT, Maryland Simple Assault

"Although the Hearing Transcript from July 15, 2008 indicates that the applicant's assault was committed against a police officer and that the applicant's actions resulted in scrapes and bruises to the police office, the Hearing Transcript states that the applicant was convicted of a misdemeanor...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the...

CA4 on Agg. Fel. - Amos v. Lynch

"In this appeal, we review consolidated petitions filed by Richard Jesus Amos, a citizen of the Philippines, challenging decisions of the Board of Immigration Appeals (the BIA, or the Board), which dismissed Amos’s appeal from an immigration judge’s order of removal and denied Amos’s...

CA4 on Aggravated Felony: Larios-Reyes v. Lynch

Larios-Reyes v. Lynch, Dec. 6, 2016 - "We find that the BIA erred as a matter of law and hold that Larios-Reyes’s conviction does not constitute the aggravated felony of “sexual abuse of a minor” under the INA because Maryland Criminal Law Article § 3-307 proscribes more conduct...