Free Newsletter
Immigration – U-Visa Status – Waiting List – Administrative – Constitutional – Due Process
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 claim under the Administrative Procedure Act. The court grants in part and denies in part […]
Immigration – Court costs not a “penalty” that supports removal
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 not punitive in nature. Background Petitioner Jose Guzman Gonzalez entered the United States illegally in […]
Immigration – Law covering “de minimis” theft no grounds for removal
Because not all of the offenses encompassed under Maryland’s theft statute qualify as crimes involving moral turpitude, the Board of Immigration Appeals erred in concluding that the petitioner committed such crimes and was thus ineligible for cancellation of removal. Background Petitioner Maricela Martinez is a native of Mexico who entered the country illegally when she […]
Immigration – USCIS could disregard custody order lacking factual basis
It was not arbitrary or capricious for U.S. Citizenship and Immigration Services to reject special immigrant juvenile status for Salvadoran girl on the basis of a state court order that lacked a factual basis for permanent custody with her father in the U.S. Background Appellant Mariela Hernandez Reyes was born in El Salvador in 1996. […]
Immigration – State drug convictions defeated court’s jurisdiction
An immigrant’s conviction for unlawful possession of marijuana with intent to manufacture, deliver, or sell constitutes a conviction of both an aggravated felony and a crime involving moral turpitude. Therefore, the court lacks jurisdiction to review the Board’s rulings on his removal order. The petitioner also was not eligible for cancellation of removal. Background Petitioner […]
Immigration – Renewed removal order bars asylum
A Salvadoran man in the U.S. illegally was ineligible for asylum, based on the reinstatement of a removal order resulting from his previous illegal entry. The reinstated order barred his application even if the supporting circumstances had not yet occurred at the time of his first removal. Background Petitioner Francisco Lara-Aguilar, a citizen of El […]
Immigration – Naturalization – Moral Character – Shoplifting & Ordinance Violation Convictions
As a lawful permanent resident, petitioner must show that he had good moral character for the five years preceding the submission of his application for naturalization. Although petitioner’s actual shoplifting took place just outside the five-year window, the court finds that his convictions for shoplifting and violating a county ordinance during the five-year period adversely […]
Immigration – Civil Practice – Subject Matter Jurisdiction – TRO
Petitioner seeks a temporary restraining order to stay an immigration judge’s order of removal; however, federal district courts may not exercise subject matter jurisdiction over requests to stay orders of removal. The court denies petitioner’s request for a TRO and grants respondents’ motion to dismiss. If an immigration judge orders the removal of a person […]
Immigration – Exclusionary rule applies only after egregious conduct
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 Jose Badillo for a traffic violation. Noting that the car, a Nissan, had exposed wiring [&helli[...]
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 Mendoza’s request for asylum, finding that the tribunals below failed to show that they fairly […]
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 year of arriving in the U.S., since his arrest by immigration authorities led to 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 of arriving in the U.S., since his arrest by immigration authorities led to more violence […]
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
