PRACTICE ADVISORY " CATEGORICAL APPROACH " REALISTIC PROBABILITY OF PROSECUTION
NIPNLGs and Immigrant Defense Projects latest advisory on Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014), and the realistic probability test. This practice advisory assesses the current state of the federal court and agency case law on the realistic probability standard, and provides practice tips and litigation strategies for meeting this standard. The advisory is located at:
http://www.nationalimmigrationproject.org/publications.htm
GOOD MORAL CHARACTER " 180-DAY CONFINEMENT " EFFECT OF SENTENCE REDUCTION
AILA Amicus Brief on Statutory Bar to Good Moral Character
http://www.aila.org/content/default.aspx?docid=50582
AILA amicus brief filed with the Tenth Circuit arguing that a sentence reduction is entitled to full faith and credit for purposes of calculating the 180-day confinement period found in the statutory bar to good moral character at INA 101(f).
MOTION TO REOPEN " NONCITIZEN WITH FINAL ORDER MAY MOVE TO REOPEN TO PURSUE ADJUSTMENT OF STATUS
Singh v. Holder, __ F.3d __ (9th Cir. Nov. 13, 2014) (BIA has jurisdiction to reopen removal proceedings to allow noncitizen to pursue adjustment of status under 8 C.F.R. 1003.2(a)), declining to follow Matter of Yauri, 25 I. & N. Dec. 103 (BIA 2009).
WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE
Guzman v. Attorney General U.S., 770 F.3d 1077 (3d Cir. Nov. 3, 2014) (the stop-time rule, as enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104"208, div. C., 110 Stat. 3009 (1996) (IIRIRA) (effective April 1, 1997), codified at INA 240A(d)(1), 8 U.S.C.
WAIVERS " CANCELLATION OF REMOVAL " STOP-TIME RULE
Jaghoori v. Holder, 772 F.3d 764 (4th Cir. Nov. 18, 2014) (stop-time rule for cancellation of removal does not apply retroactively against convictions where offense and guilty plea occurred before April 1, 1997, the effective date of the legislation by which Congress promulgated the rule in INA 240A(d)(1)(B), 8 U.S.C.
RELIEF " CANCELLATION OF REMOVAL " STOP-TIME RULE
Gonzalez-Garcia v. Holder, __ F.3d __ (6th Cir. Oct. 24, 2014) (service of NTA stops time for purposes of non-LPR cancellation of removal, even if NTA fails to indicate date and time of hearing).
RELIEF " DEFERRED ACTION " DEFERRED ACTION FOR CHILDHOOD ARRIVALS EXPANDED " DEFERRED ACTION FOR PARENT ACCOUNTABILITY ANNOUNCED
On Nov. 20, 2014, President Obama announced that he will provide immediate relief for many of those impacted by our broken immigration system, and he is offering Congress an architecture for permanent reforms to the immigration laws. http://www.dhs.gov/immigration-action
Under the new policies, the DHS will augment the successful Deferred Action for Childhood Arrivals (DACA) program by providing temporary relief for the parents of U.S. Citizens and lawful permanent residents. The new program, to be called Deferred Action for Parent Accountability (DAPA), will ensure that millions of U.S.
POST CON RELIEF " CONVICTION VACATED SOLELY FOR REHABILITATIVE REASONS
Sutherland v. Holder, 769 F.3d 144 (2d Cir. Oct. 8, 2014) (Arizona conviction for attempted possession for sale of four or more pounds of marijuana was vacated by an Arizona state court, but remains valid for federal immigration and removability purposes, since the order vacating the conviction was obtained under Arizona Revised Statutes 13-907 solely for rehabilitative reasons).
INADMISSIBILITY " VISA FRAUD " SUFFICIENCY OF THE EVIDENCE
Yang v. Holder, 770 F.3d 294 (4th Cir. Oct. 29, 2014) (BIA erred in finding that petitioner was inadmissible under 8 U.S.C. 1182(a)(6)(C)(i), since the record lacked substantial evidence to support a determination that noncitizen made deliberate and voluntary misrepresentations to procure an immigration benefit, even though Immigration Judge found noncitizens testimony regarding asylum claim was not credible).