TPS Grant Does Not Terminate Removal Proceedings

The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her Temporary Protected Status (TPS) was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010).

USCIS San Diego Chapter Liaison Minutes

San Diego Chapter USCIS Liaison Minutes from 11/16/10. The minutes address adjudication of I-130 petitions for beneficiaries in removal proceedings; advance notice to applicants for lengthy interviews; reminder about CIS fee increase; and stakeholder meeting on December 7.

Relief under 212(c)

Relief under 212(c) in Removal or Deportation Hearings – Avvo.com http://ping.fm/KDgnt

Forms of Relief in a Removal Hearing

The Forms of Relief in a Removal Hearing – Avvo.com http://ping.fm/p2mRC

What is Removal?

What is Removal? – Avvo.com http://ping.fm/8Cdy5

US-Cuba Migration Accords Implementation

The U.S. and Cuba met in the third meeting on US-Cuba Migration Accords implementation. The agenda reflected U.S. priorities on Cuba migration issues including gaining Cuban Government acceptance for repatriation of Cuban nationals subject to removal on criminal grounds.

BIA finding that the antique firearm exception is an affirmative defense in removal proceedings

BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C).

Denial of petitions and removal are issued for drug conviction

Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.

CA2 Holds that 8 USC § 1429 Bars Adjudication of Naturalization Application While Removal Proceedings are Pending

The Court held that 8 U.S.C. § 1429 bars DHS from considering a naturalization application where removal proceedings are pending. Thus, an immigration judge may not make a finding of prima facia eligibility for naturalization. As a result, individuals in removal proceedings may not avail themselves of 8 U.S.C. § 1239.2(f). (Perriello v. Napolitano, 09/01/09).

Deportation/Removal Case Terminated

Removal Proceedings Terminated. Person was placed into removal proceedings after he applied for Naturalization. Client charged as an aggravated felon for his 1998 Domestic Battery conviction. We were able to show that this crime does not qualify categorically as a crime of violence and therefore, a crime of domestic violence. In addition, the conviction documents [...]

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