Cruz Rendon v. Holder (9th Cir. 2010) In a harsh rebuke to a sitting immigration judge, the 9th Circuit ruled that the judge’s conduct deprived an applicant for cancellation of removal a full, fair, and impartial hearing. The applicant, Cruz Rendon, was a citizen of Mexico who entered the United States illegally in 1990. In […]
Archive for the ‘Deportation and Detention’ Category
Cancellation of Removal Applicant Entitled to Full and Fair Hearing
June 8th, 2010 
Max Nuyen 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 »Moral Turpitude Watch
May 11th, 2010 Max Nuyen Alvarez-Reynaga v. Holder (9th Cir. 2010) With one hand the court giveth, with the other the court taketh. The Ninth Circuit ruled that a conviction pursuant to Cal. Penal Code Sec. 496d(a) for the purchase or receipt of a stolen vehicle is not a crime of moral turpitude. Spinning on a dime, the court then […]
Closer to the DREAM?
April 28th, 2010 Max Nuyen A few interesting events occurred last week in the immigration legislation world. First, the Arizona legislature enacted and its governor signed the most draconian anti-immigrant law in the 50 states. This story has been well covered in many other forums, blogs, and media sources, so I won’t be discussing it much here. My emphasis is […]
Posted in Deportation and Detention Tags: DREAM Act, immigration reform Comments Off on Closer to the DREAM?Criminal Defendants Must Be Advised of Immigration Consequences of Plea Bargain.
April 15th, 2010 Max Nuyen Padilla v. Kentucky (U.S. Sup. Ct. 2010) The U.S. Supreme Court took on the question as to whether a non-citizen defendant in a criminal case must be be advised by his lawyer beforehand that pleading guilty to certain criminal offenses would result in his being removed from the United States. The case arose because Jose […]
Posted in Deportation and Detention Tags: drug trafficking, immigration consequences of criminal conviction, ineffective assistance of counsel, Padilla v. Kentucky, removal Comments Off on Criminal Defendants Must Be Advised of Immigration Consequences of Plea Bargain.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 ResidentsDeferred Judgment with Suspended Fine Not Considered Conviction for Purposes of Removal
February 4th, 2010 Max Nuyen Retuta v. Holder (9th Cir. 2010) In this case, the 9th Circuit addressed the question of whether the definition of a “conviction” in accordance with 8 U.S.C. § 1101(a)(48) includes a judgment that withholds an adjudication of guilt and that only imposes a suspended fine. The case arose because DHS placed Retuta, an immigrant from […]
Posted in Deportation and Detention Tags: controlled substance, conviction, criminal convictions, deferred judgment, drug possession, minute order, removal, Retuta v. Holder, suspended sentence Comments Off on Deferred Judgment with Suspended Fine Not Considered Conviction for Purposes of RemovalUSCIS Grants TPS Benefits to Haitians
January 15th, 2010 Max Nuyen Due to the civil and economic strife caused by last week’s earthquake in Haiti, USCIS will offer Temporary Protected Status (“TPS”) to Haitians who are currently in the United States. TPS is a humanitarian action which will permit Haitians who otherwise do not have any status or legal authority to remain in the U.S. for […]
Notice of Immigration Hearing Must Be Served on Counsel of Record.
January 8th, 2010 Max Nuyen Hamazaspyan v. Holder (9th Cir. 2010) The 9th Circuit ruled that in order for service of a notice of a hearing to be effective, it must be served on a respondent’s attorney of record if such attorney has made a notice of appearance. The case arose when DHS detained Hamazaspyan after he attempted to enter […]
Posted in Deportation and Detention Tags: Hamazaspyan vs. Holder, in absentia, notice to appear 5 Comments »Stepchild Qualifies As Relative for Purposes of Cancellation of Removal
December 15th, 2009 Max Nuyen Matter of Portillo-Gutierrez (BIA 2009) The Board of Immigration Appeals ruled that a stepchild meets the definition of a child for purposes of qualifying for cancellation of removal. This should come as a relief to many persons who are now in the country unlawfully, because cancellation of removal is one of the few avenues for […]
Posted in Deportation and Detention, Family Based Tags: cancellation of removal, child, exceptional and extremely unusual, Matter of Portillo-Gutierrez, qualifying relative Comments Off on Stepchild Qualifies As Relative for Purposes of Cancellation of Removal