June has been a historic month for the Supreme Court, which released many groundbreaking, seismic opinions ranging from the Second Amendment (New York State Rifle and Pistol Assn, Inc. v. Bruen) to abortion (Dobbs v. Jackson Women’s Health Organization). Although it...
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Immigration Court Cases
Notice to Appear Missing Immigration Court’s Address Does Not Warrant Termination
In yet another decision diluting the Supreme Court's holding in Perreira v. Sessions, the Board of Immigration Appeals recently ruled that a Notice to Appear that does not include the address of the Immigration Court or where the government will file the notice does...
Court Rules Individuals Detained For More Than 180 Days Entitled To Bond Hearing
Immigration court matters arguably present some of the most challenging areas to understand. This is especially so with respect to detention issues, where an individual's liberty is restrained, sometimes indefinitely. In a recent Third Circuit case, Guerrero-Sanchez...
Even If Divorced, K-1 Adjustment Applicants Still Required To Submit I-864 Affidavit
In recent months, many of the more notable immigration developments have concerned the public charge ground of inadmissibility. The first rumblings occurred when the Department of State began implementing new guidelines vitiating the presumptive weight of an...
False Claims to US Citizenship To Get Private Job Must Be Proven on I-9 Form
The Ninth Circuit recently issued a precedential case that is instructive, and potentially helpful, to individuals accused of making false claims to US citizenship. In Diaz-Jimenez v. Sessions, No. 15-73603 (9th Cir. 2018), the court confirmed that obtaining private...
New Ruling Curbs Immigration Court’s Power to Dismiss or Terminate Deportation Cases
On September 18, 2018, Attorney General Jeff Sessions issued Matter of S-O-G & F-D-B, 27 I & N Dec. 462 (A.G. 2018), the latest in a trifecta of cases curtailing the authority of immigration judges. Under this new ruling, judges are strictly prohibited from...
NJSA 2C:29-9 Contempt of Court | Restraining Order Immigration Consequences
The Board of Immigration Appeals recently issued an important decision that should be of interest to any individual charged with domestic violence, contempt of court, and violating a restraining order in NJ. One common New Jersey statute implicated includes NJSA...
Immigration Judges No Longer Allowed To Postpone Cases Without “Good Cause”
Following on the heels of Castro-Tum, the Attorney General has issued another ruling that erodes the judicial independence of our immigration judiciary and further mechanizes the courtroom into an assembly line. In Matter of L-A-B-R, 27 I & N Dec. 405 (A.G. 2018),...
Will Divorce Cause My Case To Be Cancelled? | Effect of Divorce on Immigration Marriage Case
In a family-based context, the I-130 is the foundation of any permanent residence case. Whether a person is applying for adjustment of status domestically or an immigrant visa abroad, there must be an underlying approved petition for family member to support the file....
No More Administrative Closure for Immigration Court Cases
In a previous article, we briefly discussed the differences between administrative closure and judicial termination of an immigration court case. Just last week, Attorney General Jeff Sessions rendered his ruling in Matter of Castro-Tum, 27 I & N Dec. 271 (A.G....