Category Archives: SCOTUS

SCOTUS Pereira v. Sessions: A Notice to Appear that does not include the specific time and place of the non LPRs removal proceedings does not trigger the stop-time rule under §1229(a) of the INA.

Posted on June 21, 2018 by Mike Baker

The Pereira decision is significant to many non-citizens who received notices like Pereira’s. The clock continued to run on their physical presence in the U.S. after they received notices without dates, which will potentially enable them to qualify for relief … Continue reading →

Posted in Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), Continuous Residence Exceptions, Notice to Appear, SCOTUS, stop-time, Stop-Time Rule | Leave a comment

USCIS Provides Updated Guidance for F2A and F2B Derivative CSPA Cases Affected by Cuellar de Osorio

Posted on July 6, 2015 by Mike Baker

U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum (PM) rescinding a case hold issued on November 21, 2013 for certain Child Status Protection Act (CSPA) cases impacted by the nationwide class action litigation in Scialabba v. Cuellar … Continue reading →

Posted in Aged-Out Derivative Beneficiary, Aging Out Provisions, CSPA, derivative beneficiary, F2A and F2B Derivative, Preference Categories, Retain a Priority Date for an Aged-Out Derivative Beneficiary, SCOTUS, USCIS Guidance | Leave a comment

SCOTUS does not require government to identify a specific statutory provision nor give detailed explanation for denying a visa based on terrorism-related ground

Posted on June 16, 2015 by Mike Baker

Respondent Fauzia Din petitioned to have her husband, Kanishka Berashk, a resident citizen of Afghanistan and former civil servant in the Taliban regime, classified as an “immediate relative” entitled to priority immigration status. Din’s petition was approved, but Berashk’s visa … Continue reading →

Posted in Consular non-reviewability, Consular Nonreviewability Doctrine, SCOTUS | Leave a comment

SCOTUS affirms jurisdiction to decide equitable tolling of statutory time limit to file a motion to reopen a removal proceeding

Posted on June 15, 2015 by Mike Baker

Issue: Whether the Fifth Circuit erred in holding that it had no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably tolled the ninety-day deadline on his motion to reopen as a result of ineffective assistance of … Continue reading →

Posted in equitably toll the ninety-day deadline on motion to reopen, ineffective assistance of counsel, Motion to Reopen, reopen the removal proceeding sua sponte, SCOTUS | Leave a comment

Supreme Court Holds that Drug Paraphernalia Must Be “Related to” a 21 USCA § 802 Listed Substance to Support Removal

Posted on June 8, 2015 by Mike Baker

The Supreme Court in Mellouli v. Holder (June 1, 2015) decided when a state drug-paraphernalia conviction sufficiently “relates to” a substance listed under the Controlled Substances Act to justify removing a permanent U.S. resident under the Immigration and Nationality Act. … Continue reading →

Posted in convicted of a violation of any law or regulation of a state relating to a controlled substance, Deportation for Drug Crimes, Drug Laws in Illinois, possession of drug paraphernalia, SCOTUS | Leave a comment