Rodriguez-Valencia v. Holder (BIA 7/21/2011) In a published decision, the BIA held that conviction for unauthorized imitation of trademarks constitutes an “aggravated felony” as an offense relating to counterfeiting for purposes of removal pursuant to 8 U.S.C. Sec. 1101(a)(43)(R). The petitioner was convicted of violating California Penal Code Sec. 350 for having willfully manufactured, intentionally selling, […]
Posts Tagged ‘BIA’
Aggravated Felony Watch
October 13th, 2011 
Max Nuyen 
Posted in Deportation and Detention 
Tags: aggravated felony, BIA, counterfeiting, removal, Rodriguez-Valencia v. Holder 
Comments Off on Aggravated Felony Watch365-Day Sentence Considered One Year, Even if Served During Leap Year
October 7th, 2011 Max Nuyen Habibi v. Holder (9th Cir. 9/14/2011) I would put this case under the “nice try” category. Immigration attorneys, especially the ones who mainly deal with appellate issues, can be very creative. Sometimes our creativity pays off. Other times, it doesn’t. The above case is an example of a cute idea that didn’t get too far.
BIA Has Authority to Expand List of “Particular Serious Crimes” Which Would Limit Asylum Claims
August 29th, 2011 Max Nuyen Delgado v. Holder (9th Cir. 8/19/2011) Most folks with a passing understanding of immigration law know that certain crimes will lead to the denial of immigration benefits or removal. For instance, you would be ineligible for asylum if you were convicted of an aggravated felony, regardless of how meritorious your claim of persecution may be. […]
Late TPS Registrant for Derivative Benefits Must Meet All Initial Requirements
June 16th, 2011 Max Nuyen Matter of Echeverria (B.I.A. 6/1/2011) Temporary Protected Status (“TPS”) is a humanitarian program designed to permit aliens who are present in the U.S. to remain in the country even though they may not qualify for any type of immigration benefit or asylum. TPS does not confer immigration status, but does give the beneficiary an opportunity […]
Ninth Circuit Lays Out Procedure for Appeal of Denial of Bond Hearing
May 24th, 2011 Max Nuyen Leonardo v. Crawford (9th Cir. 5/13/2011) In 2008, the Ninth Circuit decided Casas-Castrillon v. DHS, which held that aliens detained pending completion of their removal proceedings are entitled to a bond hearing before an immigration judge to determine whether their ongoing detention is justified. While a very important case for those in detention, there were […]
Petty Offense Exception Applies to Crimes Involving Moral Turpitude
September 13th, 2010 Max Nuyen Matter of Heredia-Pedroza (B.I.A. 8/13/2010) In a ruling which is sure to bring sighs of relief to many affected persons, the BIA determined that the respondent may be eligible for cancellation of removal even though he had been convicted of a crime of moral turpitude, because the petty offense exception applies even to crimes involving […]
Posted in Deportation and Detention Tags: BIA, cancellation of removal, Matter of Pedroza, misdemeanor, moral turpitude, petty offense exception, shoplifting Comments Off on Petty Offense Exception Applies to Crimes Involving Moral TurpitudeGender May Form Basis for Membership in a Social Group Under Asylum Law
August 16th, 2010 Max Nuyen Perdomo v. Holder (9th Cir. 2010) In the immigration field, asylum is one of the most hotly litigated areas. Over half of all immigration cases which are appealed relate to asylum claims. This is because the terms and definitions used in the asylum statutes are so broad that more often than not, court intervention is […]
Posted in Asylum, Deportation and Detention Tags: Asylum, BIA, Guatemala, Perdomo v. Holder, social group 2 Comments »BIA finds INA Requires No Overt Act to Advance Conspiracy In Order to Be Removable
May 18th, 2010 Max Nuyen Matter of Orlando Gracia Richardson (BIA 2010) In this case, the BIA decided that for purposes of removal pursuant to § 101(a)(43)(U) of the INA, 8 U.S.C. § 1101(a)(43)(U), the term “conspiracy” is not limited to conspiracies that require the co-conspirator to have committed an overt act in furtherance of the conspiracy. The respondent, Richardson, […]
Posted in Deportation and Detention Tags: aggravated felony, BIA, conspiracy, Matter of Richardson, removal 3 Comments »Special Rules Cancellation of Removal for Battered Spouses Available to Permanent Residents
March 16th, 2010 Max Nuyen Matter of A–M– (BIA 2009) In this case, the Board of Immigration Appeals considered the question of whether or not a lawful permanent resident is eligible to apply for special rule cancellation of removal for battered spouses. There are certain aspects of U.S. immigration law which are purely driven by humanitarian considerations. One of these […]
Posted in Deportation and Detention, Family Based Tags: abused spouse, battered spouse, BIA, cancellation of removal, Matter of A-- M--, removal, special rule Comments Off on Special Rules Cancellation of Removal for Battered Spouses Available to Permanent Residents