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Cleveland Immigration & Naturalization Law Blog

Immigration Litigation: In the Matter of ETEAM, INC.

In this post on immigration litigation, we look at the recent BALCA (Board of Alien Labor Certification Appeals) decision In the Matter of ETEAM, INC. The employer filed a PERM (permanent labor certification) with the Department of Labor (DOL) for a "Programmer Analyst". The certifying officer (CO) from the DOL denied the PERM and the employer filed for reconsideration which was also denied by the CO. The employer timely filed an appeal to BALCA. BALCA ruled in favor of the employer and ordered the certifying officer to grant the labor certification.

Immigration Litigation: Matter of Screen Printers Resource

In this post on immigration litigation, we look at the recent BALCA (Board of Alien Labor Certification Appeals) decision In the Matter of Screen Printers Resource, INC. The employer filed a PERM (permanent labor certification) with the Department of Labor (DOL). The certifying officer from the DOL denied the PERM and the employer filed for reconsideration which was denied by the certifying officer. The employer followed up with this appeal to BALCA. BALCA ruled in favor of the employer and ordered the certifying officer to grant the labor certification.

USCIS Updates and Changes: Medical Examinations

In this post about USCIS updates and changes, we look at some of the requirements surrounding medical examinations. All non-citizens who are seeking to adjust status (go from either no status or non-immigrant status to lawful permanent resident status...green card) must submit a medical examination showing they do not have a disease of public significance. The medical exam is submitted on Form I-693 and the examination must be completed by a designated civil surgeon.

Crimmigration: Whyte v. Lynch and Connecticut's Assault Statute

In this crimmigration post we review the First Circuit (CA1) Court of Appeals decision in Whyte v. Lynch, finding that a conviction for third degree assault in Connecticut, under Conn. Gen. Stat. 53a-61(a)(1), is not categorically a crime of violence and therefore not an aggravated felony.  Non-citizens who are convicted of certain crimes can be removed from the United States.  Convictions for aggravated felonies support removal.  INA 237(a)(2)(A)(iii).  Convictions for crimes of violence where the term of imprisonment is a year or more are considered aggravated felonies.  INA 101(a)(43)(F).  Whyte was convicted of third degree assault but the First Circuit Court of Appeals determined that the conviction did not support removal because it was not a crime of violence and not an aggravated felony.

Crimmigration: Matter of Calvillo Garcia

In this crimmigration post, we review the Board of Immigration Appeals (BIA) decision in Matter of Calvillo Garcia, I&N Dec. 697 (BIA 2015). The BIA held that a "term of confinement in a substance abuse treatment facility imposed as a condition of probation...constitutes a 'term of confinement' under section 101(a)(48)(B) of the Immigration and Nationality Act...for purposes of determining if an offense is a crime of violence under section 101(a)(43)(F)."  

Immigration Litigation: In the Matter of LIBSYS, INC.

In this post on immigration litigation, we look at the recent BALCA (Board of Alien Labor Certification Appeals) decision In the Matter of LIBSYS, INC.  The employer filed a PERM (permanent labor certification) with the Department of Labor (DOL).  The DOL denied the PERM and the employer filed for either reconsideration or appeal.  The DOL forwarded the file to BALCA for an appeal.  BALCA ruled in favor of the employer and ordered the certifying officer to grant the labor certification.  

Criminal Law and DUI: Ohio First Time DUI Penalties

In this edition of Criminal Law and DUI, we look at some of the very basic questions regarding first time DUI penalties in Ohio.  If convicted of an OVI (operating a vehicle while intoxicated) or DUI (as it is commonly called), the judge will sentence you to a jail term, a fine, a drivers license suspension and likely probation.  The maximum jail sentence is 180 days.  The fines range from $375-$1075.  The judge will issue a Class Five drivers license suspension.

Case Law Update: CA2 Says 6 Months of Detention is Enough

In this case law update we look at Lora v. Shanahan a Second Circuit (CA2) case where the court of appeals held that if an alien is detained pursuant to the mandatory detention provision for more than six months, the immigration judge must hold a bond hearing for them.  The courts interpretations are of 8 U.S.C. 1226(c) or INA 236(c) otherwise called the mandatory detention provision which ICE uses to arrest aliens convicted of certain crimes and detain them without bond. The court also found that aliens can be arrested and detained without bond even if it is not subsequent to a custodial arrest meaning that someone could be subject to detention without bond for a crime committed years ago.  

Crimmigration: Diversion Program a Conviction for Immigration?

In this crimmigration (criminal-immigration) post we look at whether or not a diversoin program is a conviction for immigration purposes.  The Immigration and Nationality Act (INA) defines a conviction for immigration purposes in section 101(a)(48).  That section states "[t]he term "conviction" means, with respect to an alien, a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where- (i)a judge or jury has found the alien guilty or the alien has entered a plea of guilty or nolo contendere or has admitted sufficient facts to warrant a finding of guilt, and (ii)the judge has ordered some form of punishment, penalty, or restraint on the alien's liberty to be imposed."  This is a very broad definition and encompasses many different types of convictions.  

Crimmigration: CA9 - 18 U.S.C. 16(b) Void for Vagueness

In this crimmigration post we review the Ninth Circuit (CA9) Court of Appeals decision finding that 18 U.S.C. § 16(b) is void for vagueness and therefore not sufficient to sustain a finding of a "crime of violence" for removal or deportation. In Dimaya v. Lynch the court held Mr. Lynch's conviction for burglary under California Penal Code § 459 was not categorically a "crime of violence" to support a finding of an aggravated felony pursuant to INA § 101(a)(43)(F). The court held that a noncitizen may challenge an immigration statute (law) as being unconstitutional for being vague or not providing fair notice as to what is punishable or where the delegation of authority would lead to arbitrary prosecutions.

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