South Carolina Lawyers Weekly

Although a defendant satisfied the requirements to receive temporary protected status, or TPS, and would have been granted TPS had the Immigration and Naturalization Service reviewed all documents in its possession, the denial of TPS was not fundamentally unfair because ...

Where an immigration judge determined that an imprisoned father did not have physical custody of his child for purposes of the Child Citizenship Act, that decision should have been reviewed de novo by the Board of Immigration Appeals. Background Howard ...

While the question of whether a government would acquiesce in torture is a question of fact for jurisdictional purposes, for purposes of an appeal, it is a mixed question of law and fact that is subject to de novo review. ...

The likelihood that a former gang member would be tortured if removed to his home country because of his gang-related tattoos depended on the total risk of torture posed by rival gangs, anti-gang vigilantes and police forces in the aggregate. ...

A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status. Background Under 8 U.S.C. §1101(a)(27)(J), immigrant children may become lawful permanent ...

A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within ...

Although the petitioner asserted a gang was threatening him if he returned to El Salvador, evidence supported the immigration judge’s conclusion that the gang’s recruitment efforts were aimed at providing “more opportunities to increase membership,” rather than at persecuting him ...

The Board of Immigration Appeals erred by finding that petitioner from Benin had not established past persecution, despite credible testimony of death threats due to his bisexuality and homosexual relationship. In remanding, the court noted the petitioner is entitled to ...

Plaintiffs’ application for a U-Visa (a nonimmigrant visa for victims of crimes committed in the U.S.) has been pending for more than three years, and plaintiffs sought adjudication of their application within a reasonable time; therefore, plaintiffs have stated a ...

Tagged with: Waiting List

An immigrant was not ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, are ...

Tagged with: penalty