Third Circuit Says Pennsylvania Cocaine Case is a Conviction for Immigration Purposes

Categories: Case Law Update

The Third Circuit Court of Appeals denied Mr. Omar Alejandro Frias-Camilo’s petition for review on June 23, 2016.  The Third Circuit held that Mr. Frias-Camilo was convicted (of a cocaine charge in Pennsylvania) even though the criminal court did not issue any actual punishment or restraint on his liberty.  Therefore, the court found because he was…

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Author: Philip Eichorn

Rhode Island Woman Sentenced for Scamming Immigrants

Categories: In the News

Federal Judge Timothy Hillman sentenced Patria Zuniga to 78 months in federal prison and ordered her to pay restitution of $713,850 to her victims after finding her guilty of wire fraud.  Zuniga represented herself as both an attorney and an employee of the federal government to vulnerable immigrants.   She represented to these people she…

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Author: Philip Eichorn

BIA Finds False Testimony to an Immigration Judge Precludes a Good Moral Character Finding

Categories: Case Law Update

On June 27, 2016 the Board of Immigration Appeals (BIA) issued Matter of Antonio Gomez-Beltran.  The BIA held that a person in removal proceedings (respondent) who lies to the immigration judge does not have good moral character.  An applicant for cancellation of removal must persuade an immigration judge that he or she is a person of good moral character.  …

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Author: Philip Eichorn

Sixth Circuit Court of Appeals Rules a USCIS Denial of Adjustment of Status is a Final Agency Action

Categories: Case Law Update

On June 17, 2016 the Sixth Circuit Court of Appeals issued a precedent decision in Hosseini v. Johnson.  The court held that when USCIS denies an adjustment of status application such a denial is considered a “final agency action.”  Hosseini came to the U.S. and obtained asylum.  Hosseini properly and timely filed to adjust status to become a lawful…

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Author: Philip Eichorn

Crimmigration: Sixth Circuit Holds Jury Nullification Should Not Be Considered In Determining IAC Prejudice

Categories: Case Law Update

The Sixth Circuit Court of Appeals held, in Lee v. United States, that jury nullification was not a factor which should be considered in determining if prejudice attached to sustain an ineffective assistance of counsel claim.  In Lee the defendant pled guilty to possession of ecstasy with intent to distribute.  The defendant was not a U.S. citizen…

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Author: Philip Eichorn