RELIEF " ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
8 CFR 245.1(b)(8) (a Visa Waiver Program entrant can adjust status via an immediate relative).
RELIEF " PRIVATE BILL " PRIVATE BILL KIT
The Private Bill Kit is on Penn States website.
http://law.psu.edu/_file/PBDA_Toolkit.pdf
OVERVIEW " STIPULATED REMOVAL
A news report indicates that ICE is unofficially ending the stipulated removal practice. http://www.azcentral.com/arizonarepublic/news/articles/2011/11/06/201111...
OVERVIEW " CONTACT WITH DHS
USCIS and ICE issue new guidance on referring of cases to immigration proceedings and the issuance of NTAs in cases involving removable noncitizens.
The USCIS memorandum outlines when the USCIS will issue an NTA (i.e. upon termination of conditional permanent residence), and when the USCIS must refer the case to USICE to determine whether an NTA should be issued (i.e. an N-400 application where the applicant has a criminal conviction).
POST CON RELIEF " GROUNDS " INEFFECTIVE ASSISTANCE OF COUNSEL " PADILLA
Santos-Sanchez v. United States, 130 S. Ct. 2340 (April, 2010) (Hennepin County District Court File No. 27-CR-09-45135) (vacating Sanchos-Sanchez v. United States, 548 F.3d 327, 331-32 (5th Cir. 2008), which denied coram nobis relief based on a claim that petitioner received ineffective assistance by his counsel's failure to accurately advise him of the immigration consequences of his guilty plea, and remanding the case to the Fifth Circuit for further consideration under Padilla, making Padilla retroactively available to Santos-Sanchez on collateral review); see Santos-Sanchez v.
ADJUSTMENT OF STATUS " VISA WAIVER PROGRAM
8 CFR 245.1(b)(8) states that VWP entrants can adjust if the adjustment is through an immediate relative.
ARTICLE " POST CON RELIEF " FEDERAL PREEMPTION " STATE FORGERY AND PERJURY PROSECUTIONS CANNOT BE BASED ON EVIDENCE OF FALSE STATEMENTS ON FEDERAL I-9 EMPLOYMENT ELIGIBILITY FORMS
Federal immigration law provides penalties for false statements on federal employment eligibility form I-9. Federal law pre-empts state law on this issue. See State v. Reynua, ___ Minn. App. ___ (Ct.App. Dec. 5, 2011) (Immigration Reform and Control Act, INA 274A, 8 U.S.C. 1324a (2006), preempts state prosecution of a job applicant for perjury or forgery involving the I-9 federal form for employment-eligibility verification).
OVERVIEW " ADJUSTMENT AS ADMISSION " CUBAN REFUGEE ADJUSTMENT ACT
Matter of Espinosa-Guillot, 25 I&N Dec. 653 (BIA Dec. 6, 2011) (noncitizen who adjusted to LPR status through Cuban Refugee Adjustment Act has been admitted to the United States and is therefore subject to grounds of removal under INA 237).
RELIEF " CANCELLATION " STOP-TIME RULE " NOTICE TO APPEAR STOPS THE TIME EVEN IF IT DOES NOT GIVE A TIME OF HEARING
Matter of Camarillo, 25 I. & N. Dec. 644 (BIA Dec. 2, 2011) (any period of continuous residence or continuous physical presence of an alien applying for cancellation of removal under section INA 240A is deemed to end upon the service of a notice to appear on the alien, even if the notice to appear does not include the date and time of the initial hearing).
http://www.justice.gov/eoir/vll/intdec/vol25/3734.pdf
REMOVAL PROCEEDINGS " MENTAL COMPETENCY
Matter of MAM, 25 I&N Dec. 474 (BIA 2011) (if there are signs that respondent is incompetent, the Immigration Judge must determine whether the person "has a rational and factual understanding of the nature and object of the proceedings, can consult with the attorney or representative if there is one, and has a reasonable opportunity to examine and present evidence and cross-examine witnesses.").
