Ortega v. Holder: Declaration of nationality

Individuals can file an administrative application for a certificate of citizenship, which if denied, could be pursued by way of an action under 8 U.S.C. section 1503(a). In an action for a declaration of nationality pursuant to 8 U.S.C. section 1503(a), district court’s grant of the government’s motion to dismiss for lack of subject matter jurisdiction is reversed and remanded as the language of section 1503(a)(1), read within the context of section 1503(a) and also read in conjunction with related provisions of Title 8, makes it clear that Congress intended individuals to pursue one of two routes to establish claims for nationality.

No. 08-3642 (01/15/2010):

Ortega v. Holder (Ripple)
Oral Argument | Full Text

Posted in Chicago District Office, Citizenship, Declaration of nationality | Leave a comment

Matter of Gabriel GAMERO Perez: BIA will not reinstate voluntary departure absent proof of bond being posted

  1. Pursuant to 8 C.F.R. § 1240.26(c)(3) (2010), an Immigration Judge who grants an alien voluntary departure must advise the alien that proof of posting of a bond with theDepartment of Homeland Security must be submitted to the Board of Immigration Appeals within 30 days of filing an appeal and that the Board will not reinstate a period of voluntary departure in its final order unless the alien has timely submitted sufficient proof that the required bond has been posted.
  2. Where the Immigration Judge did not provide all the advisals that are required upon granting voluntary departure and the respondent failed to submit timely proof to theBoard that a voluntary departure bond had been posted, the record was remanded for the Immigration Judge to grant a new period of voluntary departure and to provide the required advisals.
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Immigration suppression motion results, how individual IJs and BIA panels have analyzed the issues

The following are IJ and BIA decisions on motions to suppress and motions to terminate. In each of these cases, the respondents in removal proceedings asked the IJ to suppress or exclude the government’s evidence or otherwise terminate proceedings. These decisions are not meant to be representative of the way in which the agency is deciding these motions, but they do illustrate how individual IJs and BIA panels have analyzed the issues.

IMMIGRATION COURT CASES
BOARD OF IMMIGRATION APPEALS CASES

LAC collects suppression motion results

Posted in exclusionary rule, Immigration Judge, Immigration law | Leave a comment

Battle Over Immigration: Washington Post’s coverage of the immigration issue, Political Debate, Border & Beyond

The Washington Post’s coverage of the immigration issue, from the politics of revising the nation’s immigration laws to the impact of illegal immigration on the U.S.-Mexico border and the Washington region.

http://bit.ly/5RG0oc



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Changes to the Vaccination Requirements, Adjustment of Status, Form I-693, Report of Medical Examination

Changes to the Vaccination Requirements for Purposes of Adjustment of Status and the Completion of Form I-693, Report of Medical Examination and Vaccination Record.
Download Memo (12-15-2009)

This memorandum advises USCIS officers of the revised vaccination requirements for health-related admissibility under section 212(a)(1)(A)(ii) of the Immigration and Nationality Act (the Act). Effective December 14, 2009, vaccinations against the Human Papillomavirus (HPV) and herpes zoster (zoster) will no longer be required. These changes are applicable to any admissibility determination made under section 212(a)(1)(A)(ii) of the Act on or after December 14, 2009.

Under section 212(a)(1)(A)(ii) of the Act, an individual who seeks to enter the United States as an immigrant or who seeks to adjust status to permanent residence in the United States must show proof of having received vaccinations against vaccine-preventable diseases, as listed in the statute and as recommended by the U.S. Advisory Committee of Immunization Practices (ACIP).
advisory committee to the Department of Health and Human Services (HHS)/Centers for Disease Control and Prevention (CDC) that makes the recommendations on immunizations.

On November 13, 2009, HHS/CDC published a Federal Register notice changing the criteria that govern the vaccination requirements for U.S. immigration purposes. 74 FR 58634.1 Starting December 14, 2009, whenever the ACIP recommends new vaccines for the general U.S. population, CDC will also assess whether these newly recommended vaccines should be required for immigration purposes using the new criteria. Thus, the new criteria provided in the Federal Register notice will be applied only to the ACIP-recommended vaccines that are not specifically named in the Act.

Posted in Form I-693, Medical Exam | Leave a comment