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Monthly Archives: June 2010
Driving While License Revoked (DWLR) offense was not a lesser-included offense of aggravated DUI.People v. Nunez Filed 3-18-10
The fact that Defendant’s driver’s license was revoked at the time he drove while under the influence is not an element of the DUI offense, but rather it was a factor that served to enhance the sentence classification from a … Continue reading
There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) People of the State of Illinois v. Samuel McPeak, No. 2080572
The 2nd District recently ruled that there was insufficient evidence to convict for a DUI where there was neither evidence of impaired driving nor evidence of cannabis in the breath, blood, or urine of the defendant. Defendant Samuel McPeak was … Continue reading
Matter of MONGES-Garcia, 25 I&N Dec. 246 (BIA 2010)
BIA Finds No Conflict Between Regulation’s Time Limits on Motions to Reopen and INA § 242B(e)(1)’s Limit on Discretionary Relief. (1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1) (2010) applies to motions … Continue reading
Ninth Circuit Finds Son of U.S. Citizen Remains Such After Citizen’s Death and Remains Eligible for § 237(a)(1)(H)(i) Waiver.
The U.S. Court of Appeals for the Ninth Circuit, in reviewing the decision of the Board of Immigration Appeals (BIA or Board) in Matter of Federiso, 24 I. & N. Dec. 661 (B.I.A. Oct. 23, 2008), has held that the … Continue reading
Posted in 212(h) waiver, Matter of Federiso
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EOIR Creates Immigration Judge Conduct and Professionalism Web Page
The Office of the Chief Immigration Judge has established a procedure that allows any person to file a complaint about the conduct of an Immigration Judge. Below are links to documents which describe how to file a complaint, the procedures … Continue reading
