The U.S. Citizenship & Immigration Services (USCIS) via its Administrative Appeals Office (AAO), issued two (2) precedent decisions yesterday.  Those decisions are published by the Board of Immigration Appeals (BIA) as part of the U.S. Department of Justice (DOJ). Furthermore, those decisions are binding on all USCIS and DOJ personnel for deciding cases.  The precedents that were set established rules and reasonings for deciding [...]

The Los Angeles Times reported today that a three judge panel from the U.S. Court of Appeals for the 9th Circuit granted Ms. Lesly Perdomo’s petition for review and ordered that her case be remanded to the Board of Immigration Appeals (BIA) to consider whether Guatemalan women constitute a “particular social group” and as such, be eligible for political asylum.  The court also ordered [...]

The New York Times reported today that the American Bar Association (ABA)called on Congress to overhaul the current Immigration Court system and create a new, independent court in light of pleas from immigration judges and lawyers who say the Immigration Courts across the country are overwhelmed under an increasing caseload. According to the article, Congress has debated overhauling the immigration laws to legalize status to millions of illegal immigrants for the [...]

The Board of Immigration Appeals (BIA) ruled recently and as a result clarified in the case of Matter of Martinez-Serrano, 25 I&N Dec. 151 (BIA 2009) that a conviction for Alien Smuggling is not necessary for the U.S. Department of Homeland Security (DHS) to charge a foreign national with a ground of deportability under section 237(a)(1)(E)(i) – (Alien [...]

The Board of Immigration Appeals (BIA) ruled yesterday in Matter of Portillo-Gutierrez, 25 I&N, Dec. 148 (BIA 2009) that a step-child who meets the definition of a child under the immigration laws, is a qualifying relative for establishing exceptional and extremely unusual hardship for the purposes of cancellation of removal as a defense from deportation. The Immigration Judge who heard Mr. [...]

The Board of Immigration Appeals (BIA) ruled earlier this week in Matter of Carrillo, 25 I&N Dec. 99 BIA (2009), that in determining whether an alien whose status was adjusted to lawful permanent residence pursuant to Section 1 of the Cuban Adjustment Act (CAA), is deportable as an alien who has been convicted of a crime involving moral turpitude committed within [...]

The Board of Immigration Appeals (BIA) in Matter of Martinez, 25 I&N, Dec. 66 (BIA 2009) ruled yesterday that an individual who is a lawful permanent resident (green card holder) and, who meets the definition of a battered spouse may be eligible to apply for Cancellation of Removal as a form of relief against removal (deportation) pursuant to the Violence Against Women [...]

The Board of Immigration Appeals (BIA) ruled yesterday that Immigration Judges no longer have jurisdiction to adjudicate an application submitted by an Arriving Alien seeking adjustment of status under the Cuban Adjustment Act.  There is a limited exception for aliens who have been placed in removal proceedings after returning to the United States pursuant to a grant of advanced parole.  An Arriving [...]