by Matthew Hoppock | Sep 4, 2013 | Asylum, Immigration, Removal Defense |
If you fought your asylum case in immigration court by yourself and you’re now headed for the BIA, consider this: an Immigration Judge is required to (1) tell you that free attorneys are available to help you, and (2) provide you with a list of those free...
by Matthew Hoppock | Aug 19, 2013 | Immigration, Uncategorized |
In a recent unpublished decision, the Board said that an individual’s case could be reopened because of ineffective assistance of his trial counsel in not pursuing “withholding of removal” and “adjustment of status” on his behalf....
by Matthew Hoppock | Jun 28, 2013 | Immigration, Uncategorized |
A new unpublished BIA Decision reverses an Immigration Judge’s decision denying a motion to reopen removal proceedings where the immigrant was ordered removed in absentia. Amazingly, because the immigrant “declined to state his name” at the...
by Matthew Hoppock | Dec 26, 2012 | Immigration, Uncategorized |
When an individual believes his former attorney handled his case badly, he may be able to either reopen his proceedings or appeal the Immigration Judge’s decision, arguing he has suffered from “ineffective assistance of counsel.” However, the...
by Matthew Hoppock | Nov 12, 2012 | Immigration, Uncategorized |
We received a new unpublished decision today from the BIA administratively closing an asylum appeal because, according to the Board, our client is now eligible for Temporary Protected Status (“TPS”). We were already aware he was eligible for TPS and...
by Matthew Hoppock | Jan 14, 2012 | Immigration, Immigration ArticlesBIA Appeals |
When the BIA remands a case “for further proceedings,” what does that mean? A remand sometimes says it is for a very specific purpose. But if the Board generally remands for “further proceedings,” the open-ended remand isn’t limited and...
by Matthew Hoppock | Dec 27, 2011 | Uncategorized |
The BIA has issued a new unpublished opinion which discusses whether an IJ should continue removal proceedings when the immigrant seeks to apply for a U visa, as the victim of a crime. In In re Hernandez-Guttierez, the BIA concluded that the immigrant’s...
by Matthew Hoppock | Jun 8, 2011 | Immigration, Immigration ArticlesBIA Appeals |
In an unpublished decision in May, 2011, the BIA held that fleeing a peace officer is not an offense relating to obstruction of justice. This is a helpful decision, because it appears to be a departure from previous BIA analysis about fleeing. The Board held in Matter...
by Matthew Hoppock | May 9, 2011 | Immigration, Immigration ArticlesBIA Appeals |
We received an excellent win from the Board this morning on an appeal where the Immigration Judge had concluded our client was not eligible to apply for immigration relief, because he had two convictions for the possession of marijuana. The issue in the appeal is...
