by Matthew Hoppock | Apr 9, 2014 | Deportation, Immigration, Immigration ArticlesBIA Appeals, Removal Defense |
In a precedent decision on March 27, 2014, the Board has held in Matter of C-J-H- that a person whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under section 209(b) of the Immigration and Nationality Act, 8...
by Matthew Hoppock | Mar 14, 2014 | Deportation, Immigration, Immigration ArticlesBIA Appeals, Removal Defense |
In a new precedential decision, Matter of Chavez Alvarez, the Board considers whether an immigrant who was not formally “admitted” when he first entered but then adjusted his status to become a permanent resident could be found removable under INA...
by Matthew Hoppock | Oct 30, 2013 | Aggravated Felony, Deportation, Immigration |
The BIA has published a new decision on the federal statute barring possession of ammunition by a convicted felon. In Matter of Oppedisano, the BIA held that a conviction under 18 U.S.C. § 922(g) for unlawful possession of ammunition by a convicted felon is an...
by Matthew Hoppock | Apr 14, 2011 | Deportation, Immigration, Immigration ArticlesBIA Appeals, Visa Bulletin |
In a recent unpublished decision, the BIA tackled an important question about calculating priority dates for immigrant visas. The immigrant in removal proceedings had sought to have his court delayed because he had a visa approved but was waiting for the...
by Matthew Hoppock | Mar 25, 2011 | Deportation, Immigration, Removal Defense |
The Supreme Court has issued a decision which strongly suggests immigrants should be appointed counsel in removal proceedings. Although the decision does not address immigration at all, it sets forth a standard for appointment of counsel in civil proceedings that, by...
by Matthew Hoppock | Mar 18, 2011 | Deportation, Immigration, Immigration ArticlesBIA Appeals |
[Update May 2011: two months after this post the BIA published helpful guidance on what is required for a competency hearing in Matter of M-A-M-] The BIA has been remanding cases to the Immigration Courts recently for the Immigration Judge to conduct a competency...
