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In an interesting decision out of the First Circuit, Sheikh vs. Holder, the Court of Appeals recently ruled that it was not an abuse of discretion for an Immigration Judge to deny a six-month continuance to the Respondent to wait for the passage of comprehensive...
There is a new Board of Immigration Appeals precedential case regarding adjustment of status under 245(i). The case is Matter of Svetislav, 25 I&N Dec. 717 (BIA 2012). Anyone applying for adjustment of status under section 245(i) certainly needs to read this...
For a while, at least among the legal community, the government's announcement that Prosecutorial Discretion would be utilized to sift priority cases seemed like lip service. The numbers borne out by the surveys seemed to confirm that very few cases had in fact been...
In the midst of the new Prosecutorial Discretion Policy and Memos pronounced by the Obama administration and John Morton, it is pretty ironic that ICE recently reported that nearly 400,000 aliens were deported in fiscal year 2011. The Huffington Post states that...
An unsettling decision by the Board of Immigration Appeals vitiated the protection afforded to respondents in the Third Circuit by Garcia v. Attorney General of the United States, 553 F. 3d 724 (2009). In Matter of Paula Cruz De Ortiz, 25 I & N Dec 601 (BIA 2011),...
On September 13, 2011, the BIA decided Matter of Francisco Herrara Del Orden. This is a positive and progressive decision that takes a reasoned approach to a common problem. It is not uncommon for many permanent residents who have filed for a waiver of the joint...
A very interesting decision came down recently regarding lawful permanent residence and what constitutes abandonment. The case is Khoshfahm v. Holder. Although this is a 9th Circuit Case, it is nevertheless illuminating, and provides a good discussion of what the...
Readers should be aware of a very disturbing decision issued by the Board of Immigration Appeals (BIA) last week. The case is Matter of E-R-M-F & A-S-M, 25 I&N Dec. 580 (BIA 2011). The case essentially stands for the proposition that the ICE officers do not...
An interesting article came out last week on the net about how local immigration courts are absolutely clogged with cases. New Jersey, with its nine immigration judges, reportedly has 9100 cases! The article is pretty insightful in that it sheds light on two issues...