Free Newsletter
Immigration – El Salvadoran’s persecution based on family memberships merits asylum
An El Salvadoran petitioner’s repeated testimony that her family was being targeted for extortive threats, and that she was targeted because her parents were failing to comply, entitled her to asylum. The Board of Immigration Appeals erred by concluding that her own conflict with the gang precipitated any of the events in question. Background Sandra […]
Immigration – State conviction no basis for removal
Where a man convicted under a Virginia statute for willful discharge of a firearm was removed to Jamaica, he was ordered returned to the United States because his Virginia conviction did not qualify as a federal firearm offense for the purposes of removal. The federal definition of “firearm” that applies to the removal statute excludes […]
Immigration – Conditions imposed were not required by statute
U.S. Citizenship and Immigration Services, or USCIS, erred when it required a permanent custody order before it would allow an immigrant to qualify for special juvenile status because that requirement is not found in the statute. Background In late 2013, at the age of 16, Felipe Perez Perez fled his home country. Felipe was […]
Immigration – Petitioner not afforded due process rights
Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was afforded an opportunity to explain inconsistencies. Background Ngawung Atemnkeng, a citizen of Cameroon, fled […]
Immigration – Honduran man’s bid for asylum fails
Although a petitioner argued his status as a merchant in the formal Honduran economy was a “particular social group” that qualified for asylum, the Board of Immigration Appeals, or BIA, did not err in following its precedent, which holds the characteristics of this particular group are not sufficiently immutable. Background Noel Aristides Canales-Rivera, a native […]
Immigration – Petitioner not afforded due process rights
Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was afforded an opportunity to explain inconsistencies. Background Ngawung Atemnkeng, a citizen of Cameroon, fled her […]
Immigration – Petitioner not afforded due process rights
Where the Board of Immigration Appeals instructed the Immigration Judge to allow a petitioner from Cameroon to explain inconsistencies in her prior testimony, her due process rights were violated when the judge denied her application for asylum before she was afforded an opportunity to explain inconsistencies. Background Ngawung Atemnkeng, a citizen of Cameroon, fled her […]
Immigration – Appeal dismissed as premature
Where the Board of Immigration Appeals, or BIA, remands a case to the immigration judge for background checks, the court joins the majority of circuits in holding the BIA’s decision is not a final order of removal for purposes of judicial review. Background Petitioner Cyrille Nazaire Kouambo, a citizen of the Central African Republic, or […]
Immigration Immigration petition properly rejected
The U.S. Citizenship and Immigration Services, or USCIS, application of the law that was in effect when an Alien Relative petition brought by an immigrant and his wife was adjudicated, rather than the statute that was in effect when the petition was filed, was not arbitrary treatment and not in error. Background Curtis Dewayne Moore and […]
Immigration Noncitizens facing removal are entitled to bond hearing
Where noncitizens are awaiting the outcome of proceedings on their petitions to withhold removal based on a fear of persecution or torture in other countries, they are entitled to bond hearings that could lead to their release during those proceedings. Background The petitioners in this case are a class of noncitizens subject to reinstated removal […]
Immigration Court does not defer to Attorney General’s opinion
Where an opinion issued by the Attorney General, holding that immigration judges and the Board of Immigration Appeals, or BIA, lacks authority to administratively close a case, was contrary to the plain language of the regulations and would upend settled practice, the court refused to defer to the opinion and instead held the immigration judge […]
Immigration Removal not justified by conviction for participation in criminal street gang
A lawful permanent resident could not be removed under the Immigration and Nationality Act based on his conviction for participation in a criminal street gang under Virginia law because an individual can be convicted of that offense without committing a crime involving moral turpitude. Background Melvin Josue Rodriguez Cabrera, a native and citizen of El […]
Business Law
- Economy forces attorneys to get down to business
- Business Court judges trawl for customers
- Va. company's Web site did not subject business to personal jurisdiction in S.C., appeals panel rules
- Former running back from S.C. wins courtroom victory in contract dispute
- Contract – Government Contract – Qui Tam – False Claims Act
- Tort – Business Tort – Va. Computer Crimes Act – Trade Secrets
- Consumer Protection – FCRA – Auto Loan – Bank Accounting Errors
- Licenses & Permits – Beer & Wine Permit – Restrictive Covenant – Suitable Location
- Licenses & Permits – Veterinarian – Vaccine Maintenance
- State regulators look at car dealer accused of lying to customers
- Textile firm, railroad settle Graniteville train wreck lawsuit
- Subprime mortgage meltdown hits securities law
Commentary
- High court justices cross the line of propriety
- High court’s term was rough on big business
- The flip side of generative AI in law and how to address it
- The fight for equal educational opportunity continues
- Letter From The Editor – Working from Home
- NLRB joins FTC in taking aim at non-competes
- Supreme Court leaves key internet protection untouched
- US Supreme Court bites back at parody’s use of the First Amendment
- My goal: Provide the information that you need now
- Case study: North Carolina courts provide guidance on scope, limitations of attorney-client privilege
- A Different Ode to Pro Bono Work
- N.C. Bar Association embraces homophobia
Polls
Loading ...
SC Lawyers Weekly keeps you connected with the latest legal news, Daily Practice and Breaking
News alerts.
Sign-up for SC Lawyers Weekly Email Alerts
