In this crimmigration post we review the First Circuit (CA1) Court of Appeals decision finding that incarceration is not required for a convition to be an aggravated felony for immigration purposes. In Levesque v. Lynch the court held Ms. Levesque's convictions for bank fraud, wire fraud and identity fraud were aggravated felonies pursuant to INA 101(a)(43) even though she was not sentenced to any actual incarceration. The total amount of loss to her victims was $29,444.22 and Ms. Levesque was ordered to pay that in restitution and serve five years of probation but no actual incarceration.
In this case law update, we look at the recent First Circuit Court of Appeals decision of Davis v. Lynch in which the court essentially sustained the immigration judge's original finding that Mr. Davis had entered into his first marriage solely for the purpose of obtaining status; marriage fraud. The Board of Immigration Appeals (BIA) agreed with the IJ and that is why this petition for review of the removal order occurred.
The Secretary of Homeland Security designated Nepal for Temporary Protected Status (TPS) on June 24, 2015. The registration period will run from June 24, 2015 through December 21, 2015. The designation period will continue through December 24, 2016. This designation is for nationals of Nepal and those people without nationality who last habitually resided in Nepal.
USCIS Updates and Changes reminds us the deadline for registering for Temporary Protected Status (TPS) for Syria who are not currently in TPS status is July 6, 2015. TPS for Syria was originally designated on March 6, 2012. The Secretary of Homeland Security redesignated TPS for Syria on January 5, 2015 and through September 30, 2016. The re-registration period ended on March 6, 2015.
In The News today comes through a Department of Justice press release regarding a New York woman who was convicted of submitting false and fraudulent written statements was sentenced to one year of probation rather than jail time. The woman managed a small labor services organization and hired an employee knowing that he was not a U.S. citizen. Then she falsified information on his Form I-9, Employment Eligibility Verification.
In this case law update we look at an unpublished dismissal of an appeal by the Board of Immigration Appeals (BIA) regarding failure to follow the filing procedures in the Immigration Court Practice Manual (ICPM). An unpublished case means that it is not binding precedent but may be used to persuade the immigration judge or BIA in the future. The ICPM is the manual used as a floor (not a ceiling) on how the immigration courts run their day-to-day operations including filing procedures. It is designed to provide a uniform set of procedures for all immigration courts across the country.
In this case law update, we look at Guaman-Yuqui v. Lynch in which the Second Circuit joined the Fourth, Sixth and Seventh Circuits in adopting Matter of Camarillo regarding the sufficiency of an NTA (Notice to Appear). An NTA is the charging document in removal proceedings. The substance of the document is controlled by 8 U.S.C. 1229(a)(1). In specific, defense counsel across the country has argued that 8 U.S.C. 1229(a)(1)(G)(i) directs the Department of Homeland Security to indicate on the NTA at issuance the date and time the alien must appear for his or her first master calendar hearing in removal proceedings. Camarillo holds that the NTA does not need to contain the exact date and time of the alien's first hearing.
In The News this week is the report from Transactional Access Records Clearinghouse (TRAC) indicating a continued growth in the current immigration court backlog. This growth is both in the number of cases and the number of days per case. Notably, the Cleveland immigration court continues to be one of the longest delayed courts. According to TRAC the average number of days from commencement of proceedings to resolution in Cleveland is 775 days. The data used by TRAC is current through April 2015.
In this edition of Case Law Update, we discuss Matter of J-H-J-, 26 I&N Dec. 563 (BIA 2015) and 212(h) waivers. This case resolves a nationwide question as to whether or not an individual who entered the United States, adjusted their status to lawful permanent resident and then was convicted of an aggravated felony is eligible for a 212(h) waiver in removal proceedings. The BIA held that an alien is eligible for the 212(h) waiver and withdrew the prior decisions of Matter of E.W. Rodriguez, 25 I&N Dec. 784 (BIA 2012) and Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010).
On April 10, 2015, Attorney General Eric Holder ordered Matter of Silva-Trevino, 24 I&N Dec. 287 (AG 2008), a usual crimmigration case, vacated. Silva-Trevino provided immigration judges a methodology for determining whether or not a conviction was for a crime involving moral turpitude (CMT). Several circuit courts declined to follow the case causing the Attorney General to revisit the matter and the analysis.