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Articles Posted in Case Law Updates

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A Driving Under The Influence Charge Will Affect Whether You Get An Immigration Bond

Immigration lawyers are talking about a new Board of Immigration Appeals (BIA) decision that is out.  This case addresses how a DUI (Driving Under the Influence) arrest can result in not getting a bond in deportation proceedings. Whenever a person is placed in deportation/removal proceedings, the Immigration Judge will decide…

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A Florida Conviction For Domestic Battery By Strangulation Is Categorically A Crime Of Violence

The Eleventh Circuit Court of Appeals has recently ruled that a conviction for Domestic Battery by Strangulation is categorically a crime of violence.  This means that any non-U.S. citizen who is sentenced to 1 year or more on a Florida Domestic Battery by Strangulation would be convicted of an “Aggravated…

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Board Of Immigration Appeals Holds That A Dropped Pretrial Intervention Charge Can Serve As A Conviction.

Consider this:  You are a Lawful Permanent Resident who has lived in the United States for nearly your entire life.  You have always been in the United States legally.  One day, you get arrested for a crime you did not commit.  Or maybe you did violate the law, but it…

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How Violating An Injunction For Protection (Restraining Order) Can Get You Deported

Violation of an Injunction for Protection is a landmine for non citizens.  If you, or a loved one, is not a United States citizen and have been served with an injunction or charged with violating an injunction, call an experienced immigration attorney for a consultation.  Here’s why: The Immigration and…

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Updates from the Board of Immigration Appeals and Good News for Immigrants held in Detention more than Six Months

Over the last two months the Board of Immigration Appeals has released a handful of new published decisions. I have summarized them and provided my insight into what the cases mean for the immigration practitioner. Also, since my last post on the case of Maxi Sopo there has been a…

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Eleventh Circuit Court of Appeals Says Mandatory Detention is not Mandatory if your Immigration Case takes too long to Complete.

As a non-citizen in an immigration detention facility, you may or may not be eligible for release or a bond. Unlike in criminal court where you have a Constitutional right to a reasonable bond (with very few exceptions), in Immigration Court, an immigration judge often has no authority to grant…

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District Court Immigration-Related Decisions from the 11th Circuit and Published BIA Case Summaries

This is part of the latest issue of the AILA Georgia-Alabama and Central and South Florida Chapter Newsletter summarizing important immigration-related cases decided in District Courts in Georgia, Florida, and Alabama, and published BIA decisions nationwide. The summarized cases are for April and May 2016. This is a group effort…

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June 2016 AILA Georgia-Alabama, Central Florida and South Florida Litigation Newsletter is now available

This is the latest issue of the newsletter summarizing important immigration-related cases decided by 11th Circuit Court of Appeals, District Court decisions from Georgia, Florida, and Alabama, OCAHO decisions, and published and unpublished BIA decisions The summarized cases are for April and May 2016 except for unpublished BIA decisions, which…

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