South Carolina Lawyers Weekly
In civil deportation proceedings, the exclusionary rule’s predicate of “egregious” – not merely unreasonable – Fourth Amendment violations by federal officers also applies to conduct by state and local officers. Background In 2009, Maryland Transportation Authority Police Officer Acker stopped ...
Read More »Immigration – Exclusionary rule applies only after egregious conduct
Immigration – BIA’s asylum rejection not adequately explained 
Mendoza v. Sessions (Lawyers Weekly No. 006-002-18, 13 pp.) (Duncan, J.) No. 17-1006, Jan. 18, 2018; BIA. 4th Cir. Holding: The court of appeals vacated a decision of the Board of Immigration Appeals to deny Petitioner Felipe de Jesus Molina ...
Tagged with: sessions
Read More »Immigration – Asylum Application – Untimely – Changed Circumstances
Romero Zambrano v. Sessions (Lawyers Weekly No. 001-211-17, 9 pp.) (John Gibney Jr., D.J.) 16-2131; amended Dec. 14, 2017, On petition for review from the Board of Immigration Appeals. 4th Cir. Holding: Even though the Honduran petitioner failed to seek asylum within one ...
Tagged with: Untimely
Read More »Immigration – Asylum Application – Untimely – Changed Circumstances
Romero Zambrano v. Sessions (Lawyers Weekly No. 001-211-17, 9 pp.) (John Gibney Jr., D.J.) 16-2131; Dec. 5, 2017; on petition for review from the Board of Immigration Appeals. 4th Cir. Holding: Even though the Honduran petitioner failed to seek asylum within one year ...
Tagged with: Untimely
Read More »Immigration – Visa Waiver Program – Presumption of Regularity – No Prejudice
Nardea v. Sessions (Lawyers Weekly No. 001-208-17, 12 pp.) (Albert Diaz, J.) 16-1274; Nov. 29, 2017; On petition for review from the Department of Homeland Security. 4th Cir. Holding: A visa stamp, a part of a visa waiver form, and the presumption of ...
Tagged with: Visa
Read More »Immigration – Civil Practice – Subject Matter Jurisdiction – Discretionary Decision – Visa Revocation
Polfliet v. Rodriguez (Lawyers Weekly No. 002-162-17, 13 pp.) (J. Michelle Childs, J.) 5:16-cv-03358; D.S.C. Holding: Plaintiffs challenge defendants’ revocation of plaintiff Kimiki’s (plaintiff Polfliet’s stepson’s) visa based on Polfliet’s pre-visa child pornography conviction. However, since the revocation of the ...
Tagged with: Civil Practice
Read More »Immigration – Asylum – Withholding of Removal – Persecution on Account of Protected Ground – Family Membership
Zavaleta-Policiano v. Sessions (Lawyers Weekly No. 001-180-17, 17 pp.) (Gregory, C.J.) (Wilkinson, J., concurring) No. 16-1231, amended Sept. 13, 2017. On petition for review of an order of the Board of Immigration Appeals. 4th Cir. Holding: Where the government ...
Tagged with: MS-13 persecution
Read More »Immigration — Judge’s Improper Comments Were ‘Plain Error’
U.S. v. Lefsih (Lawyers Weekly No. 001-171-17, 22 pp.) (Harris, J.) No. 16-4345, Aug. 14, 2017; USDC at Raleigh, N.C. (Boyle, J.) 4th Cir. Holding: The 4th Circuit vacates the immigration fraud conviction of an Algerian native who entered ...
Tagged with: judge's comments traffic tickets
Read More »Immigration — Deferred Prosecution Is ‘Conviction’ Under INA
Boggala v. Sessions (Lawyers Weekly No. 001-170-17, 22 pp.) (Floyd, J.) No. 16-1558, Aug. 9, 2017; On Petition for Review; 4th Cir. Holding: A divided 4th Circuit panel rejects a petition for review of a Board of Immigration Appeals ...
Tagged with: child solicitation deferred prosecution
Read More »Immigration — No Asylum After Removal Order Reinstated
Calla Mejia v. Sessions (Lawyers Weekly No. 001-169-17, 47 pp.) (Diaz, J.) No. 16-1280, Aug. 9, 2017; On Petition for Review; 4th Cir. Holding: A Peruvian woman who suffered years of domestic abuse from her husband, a Peruvian police ...
Tagged with: domestic abuse removal order
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