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- Relief Application Waived if Not Filed by IJ’s Deadline, BIA Rules September 11, 2020
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Category Archives: U.S. Supreme Court
CA7 remands COR holding that possession of any amount of marijuana over 30 grams could be prosecuted as federal misdemeanor, not an “aggravated felony.”
BIA erred in finding that noncitizen was ineligible for cancellation of removal relief because his prior Illinois conviction for possession of more than 30 but not more than 500 grams of marijuana under 720 ILCS section 550/5(d) qualified as “aggravated … Continue reading
Supreme Court Grants Solicitor General’s Petition for Certiorari in Case Finding Exception to Consular Nonreviewability Doctrine
Updates (briefs etc.) on Din v. Kerry on SCOTUSBlog. Reuters reports on the cert grant here. The U.S. Supreme Court on October 2, 2014, agreed to review the decision of the U.S. Court of Appeals for the Ninth Circuit in … Continue reading
Posted in Consular Nonreviewability Doctrine, SCOTUS, U.S. Supreme Court
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SCOTUS defers to BIA on aged-out beneficiaries-Scialabba v. Cuellar de Osorio
The automatic conversion and priority date retention provision only applies to derivative beneficiaries of F2A petitions. The automatic conversion and priority date retention provision does not benefit F3 and F4 derivative beneficiaries of family based preference petitions. An alien needs … Continue reading
American citizens can now sponsor their same-sex foreign national partners for marriage-based immigrant visas, SCOTUS, United States v. Windsor
With the recognition of the legality of same-sex marriage for immigration purposes, thousands of couples and families will now be able to avoid painful periods of separation. Repeal of DOMA will have significant impact on medical power of attorney, immigration, … Continue reading
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