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RSS Feed- The Provisional Waiver May 21, 2013The Provisional Waiver On January 3, 2013, U.S. Citizenship and Immigration Services (USCIS) published a final rule to amend its regulations to allow certain immediate relatives of U.S. citizens who are physically present in the United States to request provisional … Continue reading → […]Mike Baker
- Asylum, China, Forced Sterilization: Chen v. Holder CA7 May 9, 2013The petitioner, a Chinese citizen from Fujian Province, entered the U.S. in 1997 and is the mother of two boys born in the U.S. She sought asylum in 2007 on the ground that she is likely to be forcibly sterilized … Continue reading → […]Mike Baker
- The Provisional Waiver May 21, 2013
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Category Archives: U.S. Supreme Court
Moncrieffe v. Holder, small amount of marijuana is not an aggravated felony
Moncrieffe, a Jamaican citizen legally in the U.S., was found with 1.3 grams of marijuana in his car. He pleaded guilty under Georgia law to possession of marijuana with intent to distribute. Under the Immigration and Nationality Act, a noncitizen … Continue reading
Padilla v. Kentucky does not apply retroactively to cases already final on direct review
In Chaidez v. United States, the Court held that Padilla v. Kentucky, in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already … Continue reading
Each alien seeking cancellation of removal must fulfill the residency requirements on their own. Holder v. Martinez Gutierrez
A Board of Immigration Appeals (BIA) denial of cancellation of removal is upheld, where: 1) the aliens lacked the required years of continuous presence and lawful permanent resident status; and 2) the BIA’s rejection of imputation of their parents’ years … Continue reading
Vartelas v. Holder (03/28/2012) – Supreme Court
The court held that if the basis for inadmissibility is a pre-April 1, 1997 plea, and if the LPR’s trip/s outside the U.S., taken at any time, are “brief, casual and innocent,” then the person is treated like a returning … Continue reading
Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez
Police currently have wide latitude to search the contents of cell phones – including text messages, voice mails, photos, Internet browsing history, and reams of other data – when searching an arrestee incident to arrest. In the Flores-Lopez case, an … Continue reading
