IMMIGRATION CONSEQUENCES - U VISA
According to recent INS memorandum, termination is the suggested remedy for a person who has demonstrated eligibility for interim U relief. For more information, visit the National Immigration Project's website at www.nationalimmigrationproject.org and then click on "immigrant survivors."
PAROLEE STATUS IS A LAWFUL IMMIGRATION STATUS
8 C.F.R. 245.1(d)(1)(v) defines lawful immigration status to include parole status that has not expired.
RELIEF - POLITICAL ASYLUM - NO JUDICIAL REVIEW SINCE ONE YEAR DEADLINE EXCEPTION IS QUESTION OF FACT
Ramadan v. Gonzalez, 427 F.3d 1218 (9th Cir. Nov. 2, 2005) (no jurisdiction under REAL ID Act to review whether noncitizen falls within exception to asylum one-year deadline, since this is predominately a factual issue).
REFUGEE MAY BE FOUND DEPORTABLE WITHOUT FIRST TERMINATING REFUGEE STATUS
Matter of Smriko, 23 I&N Dec. 836 (BIA 2005) (noncitizen refugee may be placed in removal proceedings, and found removable, even though noncitizens refugee status has not been terminated).
RELIEF - ASYLUM
Saldarriaga v. Gonzales, __ F.3d __ (4th Cir. March 29, 2005) (claim of fear of reprisal from Colombian drug criminals, for assisting DEA, is not persecution on account of a political opinion).
http://caselaw.lp.findlaw.com/data2/circs/4th/041182p.pdf
RELIEF - ASYLUM -- TERRORISM BAR
The REAL ID Act expands the terrorism bar to asylum. There is an apparent drafting error, which in 208 refers to membership in a non-designated terrorist organization, rather than membership in a designated terrorist organization. This will probably not affect the outcome of any case. See Real ID Act of 2005, Pub. L. No. 109-13, 119 Stat. 231 (May 11, 2005), 103-104. The Act expands the terrorism ground of inadmissibility under INA 212(a)(3)(B), and provides that the same terrorist activity now constitutes a ground of deportation as well, which is a very significant change in the law.
RELIEF - ASYLUM - DEPORTATION - DEFENSES - ISSUE WHETHER GOVERNMENT MUST TERMINATE REFUGEE STATUS BEFORE PLACING NONCITIZEN IN REMOVAL PROCEEDINGS MUST BE RAISED IN ADMINISTRATIVE PROCEEDINGS BEFORE IT COULD BE RAISED ON HABEAS CORPUS
Sun v. Ashcroft, 370 F.3d 932 (9th Cir. June 4, 2004) (statutory question of whether alien retained refugee status despite adjustment to lawful permanent resident was one which could have been raised at administrative level, and which administrative exhaustion requirement of the INA barred noncitizen from raising for first time on petition for habeas relief).
RELIEF - ASYLUM - DEPORTATION - DEFENSES - GOVERNMENT MUST TERMINATE REFUGEE STATUS BEFORE PLACING NONCITIZEN IN REMOVAL PROCEEDINGS
Smriko v. Ashcroft, 387 F.3d 279, 281 (3d Cir. Oct. 26, 2004) (lawful permanent resident based on asylee status argued that his asylee status had to be terminated before he could be placed in removal proceedings; court stated this argument "is consistent with the text and some of the legislative history of the INA," and remanded the case to the Board of Immigration Appeals for a decision).
RELIEF - REFUGEE STATUS - CANNOT DEPORT WITHOUT TERMINATING
Smirko v. Ashcroft, 387 F.3d 279 (3rd Cir. Oct. 26, 2004) (finding that INA and legislative history suggest that "refugee status" does not end when noncitizen admitted as refugee adjusts status, but continues until refugee status is terminated by the immigration authorities; noncitizens with refugee status cannot be deported for commission of a crime of moral turpitude within five years of entry).
RELIEF - NATURALIZATION
Jamieson v. Gonzales, __ F.3d __, 2005 WL 2218045 (8th Cir. Sept. 14, 2005) (immigration judge's findings regarding plaintiff's misrepresentation of his citizenship supported by substantial evidence)
http://caselaw.lp.findlaw.com/data2/circs/8th/042280p.pdf
