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Immigration

Immigration – ‘Voluntary’ Departure Halted ‘Continuous Presence’ (access required)

Garcia v. Holder : A Mexican national who alleges he entered the U.S. illegally in 1995 and was turned away by INS officers when he returned to the U.S. in 2001 after going to Mexico for his father’s funeral, only to re-enter illegally several days later, failed to meet the “continuous physical presence” requirement of 8 U.S.C. § 1229b to qualify for cancellation of removal; the 4th Circuit denies the petition for review.

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Immigration – No Equitable Tolling from INS Official’s Advice (access required)

Kuusk v. Holder A Russian citizen’s claim that an immigration official erroneously advised she could file for a marriage-based green card directly with the U.S. Customs and Immigration Services even though her asylum appeal was currently pending does not support equitable tolling of the 90-day limit for filing her motion to reopen removal proceedings; the 4th Circuit joins other circuits in recognizing equitable tolling, but says petitioner has failed to show she is entitled to such relief.

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Immigration – Injunction Against S.C. ‘Alien’ Statute Upheld (access required)

U.S. v. State of South Carolina The 4th Circuit upholds a preliminary injunction halting enforcement, on preemption grounds, of a South Carolina statute that makes it a state criminal offense for: 1) an illegal alien to conceal herself from detection or allow herself to be transported within the state, 2) a third party to conceal or transport such a person, 3) any alien over 18 not to carry an alien registration card; and 4) for an individual to display or possess a false ID card.

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Immigration – Naturalization Process Differs When Parents Unmarried (access required)

Johnson v. Whitehead, Warden. Although an immigration judge in 1998 terminated a deportation proceeding against petitioner, a native of Jamaica, with the comment that petitioner appeared to be a U.S. citizen by virtue of his father's naturalization, the comment was not a declaration that petitioner is a citizen who cannot be removed; the 4th Circuit rejects this challenge to an order of the Department of Homeland Security finding petitioner removable for gun and drug convictions.

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