The year 2021 presented immigrants in the United States with some major ups and downs. At the start of his presidency, President Biden wasted no time reversing many of Trump’s most controversial immigration policies. Biden’s administration has also initiated several...
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Immigration Court
What is The New Public Charge Rule Affecting Green Cards?
Now that the Public Charge is a reality, anybody intent on applying for permanent residence must understand that immigration just got a whole lot harder. Under the new guidelines, which some have loosely called a "wealth test," immigration officers are vested with...
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...
5 Year Bar For Missing Immigration Court
Individuals with problematic immigration cases may already be aware of the three and ten-years bars, which typically apply after a person has accrued the requisite "unlawful presence" and then departed the United States. If a person is deemed to have been unlawfully...
Denied U Visa Applicants and Battered Spouses May Be Placed Into Immigration Court
Earlier last month, we wrote about USCIS implementing the new Notice to Appear Policy Memorandum released on June 28 of this year. According to a bulletin released late last week, the second phase of expansion is scheduled to take place November 19, 2018. On and after...
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...
Notice to Appear Not Defective If Notice of Hearing Later Issued | Pereira Motion Update
Over the Labor Day weekend, the Board of Immigration Appeals (BIA) quietly released an important decision that has a significant impact on individuals hoping to file "Pereira motions." In Matter of Bermudez-Cota, 27 I & N Dec. 441 (BIA 2018), the court held that a...
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),...
Supreme Court Opens Door for Cancellation of Removal for Thousands of Immigrants
On June 21, 2018, the Supreme Court issued an extremely important decision with potentially large-scale ramifications for thousands of people in removal proceedings. In Pereira v. Sessions, the Court held that the stop-rule governing continuous presence for...
What Happens If I Don’t Show Up For My Immigration Court Hearing in Newark?
Given the current climate and anti-immigrant sentiment these days, people placed into proceedings are understandably petrified of going to immigration court. There is a common misconception that once somebody summoned to court shows up, he/she will be summarily...