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Immigration

Jan 20, 2015

Immigration — Lawyer Missed Deadline, But No Equitable Tolling

Prasad v. Holder (Lawyers Weekly No. 001-014-15, 15 pp.) (Harris, J.) No. 14-1034, Jan. 12, 2015; On Petition for Review; 4th Cir. Holding: Although an Indian citizen seeking lawful permanent resident status alleges it was his lawyer’s fault that his labor-certification application was filed after the statutory deadline, the 4th Circuit agrees with the Board […]

Jan 20, 2015

Immigration — Court Vacates Removal Order for ‘Theft Offense’

Castillo v. Holder (Lawyers Weekly No. 001-017-15, 17 pp.) (Keenan, J.) No. 14-1085, Jan. 14, 2014; On Petition for Review; 4th Cir. Holding: A Honduran citizen’s prior Virginia conviction of unauthorized use of a vehicle was not a “theft offense” that would qualify as an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(G); Virginia’s statute, Va. […]

Jan 7, 2015

Immigration — No Removal for Va. Grand Larceny Conviction

Omargharib v. Holder (Lawyers Weekly No. 001-008-15, 23 pp.) (Floyd, J.) No. 13-2229, Dec. 23, 2014; On Petition for Review; 4th Cir. Holding: An Egyptian national’s prior conviction for grand larceny under Va. Code § 18.2-95 does not count as an “aggravated felony” under the Immigration and Nationality Act, and the 4th Circuit grants the […]

Nov 25, 2014

Immigration — Court Remands BIA Case on ‘Stop-Time’ Rule

Jaghoori v. Holder (Lawyers Weekly No. 001-196-14, 31 pp.) (Thacker, J.) No. 13-1801, Nov. 18, 2014; On Petition for Review; 4th Cir. Holding: The 4th Circuit grants review of the Board of Immigration Appeals’ decision that an Afghan citizen who has lived in the U.S. most of his life is not eligible for cancellation of […]

Nov 25, 2014

Immigration — ‘False Claim Bar’ Applies to I-9 Claim

Dakura v. Holder (Lawyers Weekly No. 001-197-14, 16 pp.) (King, J.) No. 13-2246, Nov. 24, 2014; On Petition for Review; 4th Cir. Holding: An alien such as petitioner, a native of Ghana, who falsely claims U.S. citizenship in seeking private employment, is inadmissible as a matter of law under the “false claim bar,” 8 U.S.C. […]

Nov 19, 2014

Immigration — No Asylum on Religious Persecution Claim

Mulyani v. Holder (Lawyers Weekly No. 001-193-14, 22 pp.) (Thacker, J.) No. 13-1653, Nov. 14, 2014; On Petition for Review; 4th Cir. Holding: An Indonesian woman’s reports of four different instances when she or her family were attacked or harassed for being practicing Christians in a majority-Muslim country were not sufficient to qualify her for […]

Nov 19, 2014

Immigration — No Relief for ‘One-Child’ Policy Claimant

Lin v. Holder (Lawyers Weekly No. 001-194-14, 28 pp.) (Duncan, J.) No. 13-1016, Nov. 14, 2014; On Petition for Review; 4th Cir. Holding: The 4th Circuit says the Board of Immigration Appeals did not abuse its discretion in refusing to reopen removal proceedings for a Chinese citizen married to a U.S. citizen, who argues he […]

Nov 5, 2014

Immigration — Shaky Credibility Different from ‘Misrepresentation’

Yang v. Holder (Lawyers Weekly No. 001-184-14, 30 pp.) (King, J.) No. 13-1682, Oct. 29, 2014; On Petition for Review; 4th Cir. Holding: The 4th Circuit grants a Chinese native’s petition for review of Board of Immigration Appeals decisions affirming denial of his various applications for relief from deportation; the BIA erred by affirming a […]

Oct 27, 2014

Immigration — Age At Entry Counts for ‘Minor’ Child

Regis v. Holder (Lawyers Weekly No. 001-176-14, 17 pp.) (Agee, J.) No. 13-1988, Oct. 16, 2014; On Petition for Review; 4th Cir. Holding: An applicant for adjustment of status after his mother married a U.S. citizen was not eligible for adjustment of status as the minor child of his mother because he turned 21 before […]

Aug 7, 2014

Immigration – Border Agent Watch Called ‘Official Restraint’

DeLeon v. Holder (Lawyers Weekly No. 14-01-0769, 22 pp.) (Motz, J.) No. 13-1651, July 30, 2014; On Petition for Review; 4th Cir. Holding: A Guatemalan native who first came to the U.S. in 1988 and who illegally re-entered the U.S. and was observed at “milepost nine” in Arizona 17 miles north of the Mexican border, wins review of […]

Jul 25, 2014

Immigration – Remand to BIA for ‘Social Group’ Analysis

Cordova v. Holder (Lawyers Weekly No. 011-147-14, 25 pp.) (Motz, J.) No. 13-1597, July 18, 2014; On Petition for Review; 4th Cir. Holding: A Salvadoran native assaulted and threatened by members of two gangs based on his relatives’ alignment with one of the gangs gets another chance to seek asylum, as the 4th Circuit says […]

Jul 25, 2014

Immigration – ‘Persecutor Bar’ Applies to Salvadoran Sergeant

Quitanilla v. Holder (Lawyers Weekly No. 011-146-14, 20 pp.) (King, J.) No. 12-2329, July 14, 2014; On Petition for Review; 4th Cir. Holding: Although a former sergeant in the Salvadoran military says he did not personally participate in human rights abuses of the 20 to 50 individual guerillas or opponents of the military that he […]

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