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 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 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 [...]