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Articles Posted in Case Law Updates

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WHAT DOES THE U.S. SUPREME COURT’S RECENT IMMIGRATION DECISION IN U.S. V. TEXAS MEAN FOR NON-CITIZENS?

On June 23, 2023, the U.S. Supreme Court issued its long-awaited immigration opinion in the case of U.S. v. Texas. The justices agreed 8-1 that the states who filed the lawsuit against the federal government over what the states perceived as the non-enforcement of immigration laws could not sue the…

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Florida Marijuana Convictions May No Longer Be Deportable Offenses

Today, the Eleventh Circuit released what looks like may be a landmark decision in Said v. U.S. Atty Gen’l.  This court opinion affects all non-citizens who have or will have Florida marijuana convictions.  Under §212(a)(2)(A)(i)(II) of the Immigration and Nationality Act, any alien who commits a violation of any state…

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The U.S. Supreme Court’s recent decision in Niz-Chavez could mean new hope for thousands of long-term residents who are out of status.

The U.S. Supreme Court recently issued a decision in Niz-Chavez v. Garland that could help thousands of people who have been in the U.S. for over a decade and who do not have lawful immigration status. The exact people who are helped by this decision are people who are or…

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DACA: Winning the Battle, But Not The War?

There was a national victory yesterday in the ongoing litigation involving DACA – Deferred Action for Childhood Arrivals.  And while immigrants and immigration attorneys alike cheered the important U.S. Supreme Court decision, the jubilation has been tempered by the revelation of what the decision does and does not actually do…

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False Claims to U.S. Citizenship do not need to be knowingly made to make a person deportable

Few things have a more dramatic effect on a person’s immigration case than an allegation of False Claim to U.S. citizenship.  A recent Board of Immigration Appeals (BIA) decision and resulting policy change by USCIS further ensnare people into this ground of inadmissibility.  Let’s take a look: What is a…

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Why you should never let someone file your immigration paperwork without reading it!

Immigrants throughout the United States have been victimized by “notarios” who present themselves as attorneys or attorney-like figures who take a much smaller fee than any attorney and who agree to file immigration paperwork on behalf of the unsuspecting immigrant.  These individuals often create major immigration problems for the vulnerable…

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Fiance(e) Visas and Divorce: Will I be able to get my greencard?

A nightmare scenario for the non-citizen fiance(e) of a United States citizen happens when the couple gets divorced before the non-citizen adjusts his or her status to that of a Lawful Permanent Resident (LPR).  The United States Citizen has a tremendous amount of control in this situation.  A new Board…

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Asylum-Seeking Domestic Violence Victims Denied Refuge By Attorney General Sessions

In another recent decision that Attorney General Jeff Sessions has assigned to himself, the Attorney General has foreclosed refuge for countless immigrants attempting to escape domestic violence in their home countries.  In Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018), the Attorney General overruled a Board of Immigration Appeals…

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Attorney General Decides BIA and Immigration Judges Do Not Have Authority To Administratively Close Deportation Cases

In a disappointing decision by the Attorney General, a decision has been made on whether immigration judges and the Board of Immigration Appeals have discretion to administratively close deportation proceedings.  Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) was decided on May 17th, 2018 after the Attorney General referred…

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United States Supreme Court Holds Statute Affecting Immigrants Is Unconstitutional: Sessions vs. Dimaya

  A recent United States Supreme Court case will make it harder for the government to deport a non – United States citizen for being convicted of certain offenses.  In Atty Gen’l vs. Dimaya, the Supreme Court found that a provision of the Immigration and Nationality Act was overly broad…

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