Monthly Archives: April 2010

Third Circuit partially overturns Matter of V-K-, 24 I&N Dec. 500 (BIA 2008)

Posted on April 12, 2010 by Mike Baker

 “We hold that the BIA erred in reviewing the finding of a probability of torture de novo; it was required to review the factual aspects of that inquiry for clear error, and it was entitled to review only the legal … Continue reading →

Posted in BIA, Board of Immigration Appeals, Matter of V-K | Leave a comment

Padilla v. Kentucky and the Immigration Consequences of Crimes

Posted on April 9, 2010 by Mike Baker

On March 31, 2010, in a landmark decision called Padilla v. Kentucky, the U.S. Supreme Court held that the Sixth Amendment requires criminal defense counsel to advise a noncitizen defendant regarding the immigration consequences of a guilty plea, and that … Continue reading →

Posted in ineffective assistance of counsel, U.S. Supreme Court | Leave a comment

The right of refugees and asylees to work in the U.S.

Posted on April 9, 2010 by Mike Baker

The Office of Special Counsel for Immigration-Related Unfair Employment Practices within the Department of Justice (DOJ) has issued two flyers, one for employers and one for refugees and asylees, regarding the right of refugees and asylees to work in the … Continue reading →

Posted in Office of Special Counsel for Immigration-Related Unfair Employment Practices, Refugee | Leave a comment

USCIS to End Special Humanitarian Parole Program for Haitian Orphans at Haitian Government’s Request

Posted on April 9, 2010 by Mike Baker

U.S. Citizenship and Immigration Services (USCIS) advises that the Haiti government has requested that the U.S. provide it with a final list of orphans being considered under the Special Humanitarian Parole Program for Haitian Orphans. As a result, USCIS has … Continue reading →

Posted in Haitian Orphan, Humanitarian Parole | Leave a comment

Restructuring Immigration Adjudication by Stephen Legomsky, Washington University School of Law

Posted on April 9, 2010 by Mike Baker

Duke Law Journal, Vol. 59, pp. 1635-1721, 2010 Washington U. School of Law Working Paper No. 10-04-02    Stephen H. Legomsky Washington University School of Law Abstract:      For decades, the immigration adjudication system has been under relentless attack from … Continue reading →

Posted in Restructuring Immigration Adjudication, Stephen Legomsky | Leave a comment