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Family And Deportation News

Supreme Court Hears Oral Arguments on Arizona Immigration Law
04/27/12

On April 25, 2012, the US Supreme Court heard oral arguments in US v. Arizona about whether the Arizona immigration law is Constitutional.
 

USCIS Issues Proposed Rule for Provisional I-601 Waivers
03/30/12

On March 30, 2012, USCIS published proposed regulations for the new provisional I-601 waiver process. The new process will allow aliens to receive a provisional decision before departing the United...

The Magic of Quilantan
03/30/12

An alien who enters unlawfully as a "wave through" need only prove procedural regularity in his admission to qualify to adjust status under 245
 

Obama Administration to Allow In-Country I-601 Waivers
01/09/12

I-601 waivers allow those who entered the US illegally and certain overstays to apply for a waiver of the three and ten year bars. Existing rules required long waits outside, but the President has proposed a change.
 

Ninth Circuit Upholds CSPA Restrictions
12/08/11

The law is now clear that CSPA does little to assist derivative beneficiaries who age out.
 

Ninth Circuit Reverses BIA on Commercial Burglary CIMT
07/12/11

On July 8, 2011, the Ninth Circuit reversed the BIA holding that California Penal Code §459 commercial burglary is not a generic theft offense and thus not an aggravated felony.
 

Attorney General Asks Court to Reconsider Gay Immigrant
05/07/11

Attorney General Eric Holder asked the Board of Immigration Appeals to reconsider its denial of an application for cancellation of removal based on a same sex marriage registered in New Jersey.
 

Feds Warn School Districts on Excluding Illegals
05/06/11

After reports of schools requiring proof of immigration status, the US Department of Education sent letters reminding districts that it is unlawful to refuse K-12 education to children illegally in the United States.
 

Gay Immigration Petitions? Obama Orders Holder to Cease Enforcing DOMA
02/24/11

President Clinton signed the Defense of Marriage Act in 1996 to stop federal benefits and full faith and credit status for same sex marriage. Obama's decision to cease support for DOMA is major news.
 

BIA Says Petty Offense Exception Applies to Crimes of Moral Turpitude
02/18/11

The BIA ruled that the petty offense exception applies to crimes of moral turpitude and this means that an alien convicted of a such a crime is not barred from applying for cancellation of removal.
 

Asylum: No Imputed Political Opinion Where Persecutor Harms Son Solely to Intimidate Father
02/17/11

When authorities persecute a son to stop his father from writing a politically threatening book, but evidence shows they do not impute the father's political beliefs to the son, the son is ineligible for asylum.
 

Misdemeanor False Imprisonment Not a Crime of Moral Turpitude
11/06/10

An appellate court held that a conviction for misdemeanor false imprisonment in violation of California Penal Code Sec. 236 is not a categorical crime of moral turpitude since it does not require an intent to harm.