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Tag Archives: immigration

Administrative – Immigration – Deportation – ‘Material Support’ for Guerrillas (access required)

Barahona v. Holder An El Salvadoran native loses his request for review of the Board of Immigrations Appeals’ final order saying he was ineligible for a “special removal” cancellation of deportation under the Nicaraguan and Central American Relief Act of 1997; the 4th Circuit upholds the agency decision that found petitioner had provided material support to Salvadoran guerillas by allowing them to use the kitchen in his home.

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Administrative – Immigration – Removal Order – Vacated – Adjusted Status – Waiver of Inadmissibility (access required)

Bracamontes v. Holder Section 212(h) of the Immigration and Nationality Act does not bar an alien who adjusts his status post-entry to lawful permanent resident from seeking a waiver of inadmissibility, and the 4th Circuit grants a petition filed by this married father of three, who obtained lawful resident status prior to his felony conviction and marriage to a U.S. citizen, vacates the order of removal, and remands the case to the Board of Immigration Appeals.

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Administrative – Immigration – Naturalized Citizen – Passport Applications — False Statements – ‘Father’ of Stepsons (access required)

U.S. v. Sarwari An Afghan native who became a naturalized U.S. citizen and works as a translator cannot overturn his convictions for making false statements on passport applications based on identifying himself on the applications as the “father” of his three stepsons; although the application form does not define “father” and common usage of “father” may include “stepfather,” the 4th Circuit upholds the convictions.

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Administrative – Immigration – Removal Order – ‘Moral Turpitude’ – Contributing to the Delinquency of Minor (access required)

Prudencio v. Holder The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate what is a crime of “moral turpitude

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Administrative – Immigration – Deferral of Removal Petition – Fear of Torture – Standard of Review (access required)

Turkson v. Holder In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor of the Department of Homeland Security and remands the case for further proceedings.

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Immigration attorneys applaud rule change (access required)

The phone started ringing in George D. Pappas’ law office in Charlotte shortly after the Obama administration announced a proposal that would allow certain visa applicants to remain in the U.S. while awaiting legal status. Pappas was one of the many immigration lawyers across the country fielding calls from curious potential clients on the afternoon of Jan. 6 as word quickly spread of the federal Citizenship and Immigration Services’ proposed rule change, which is expected to streamline the process for family unity waivers.

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