Although legislation to legalize marijuana abruptly stalled late last month, it is only a matter of time before the issue is revived, perhaps as early as June of this year. In spite of this, legalization of cannabis remains a hot legislative priority…
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All too often these days, unfortunately, foreign nationals are picked up by Immigration and Customs Enforcement and detained for crimes for which they were convicted of years ago. Under Section 236c of the Immigration and Nationality Act, the governm…
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Late last month, attorneys in New Jersey were pleasantly surprised to learn of a one-year-old immigration court decision that directly implicates many issues currently impacting foreign nationals charged with disorderly persons offenses in our state.…
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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 o…
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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,…
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On September 26, 2018, USCIS quietly announced that it will be implementing the June 28 updated guidance on issuance of Notice to Appears (NTAs). This will be an incremental roll out, with the new memo being applied to different types of cases at dif…
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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 (BI…
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Those managing to keep abreast of the many unpredictable changes affecting our immigration system are aware of the new USCIS policy regarding the issuance of Notices to Appear. In short, the new policy essentially instructs immigration officers to in…
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During the July 4th break, U.S. Citizenship and Immigration Services issued a very important policy change that drastically departs from previous agency guidance issued in 2011. Memo 602-0050.1 is titled “Updated Guidance for the Referral of Ca…
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In order for our government to remove a foreign national on the basis of criminal conduct, a conviction is normally required. In terms of what constitutes a conviction, the Immigration and Nationality Act (INA) states as follows: (A) The term ‘…
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