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A Passenger in a Vehicle

In a Car

Can a police officer order passengers in a vehicle to exit said vehicle during a traffic stop eve...

Updated 3 months ago by Joseph

Deadline to Appeal

Appeals & Motions to Reopen/Reconsider

A Notice of Appeal from a Decision of the Immigration Judge (Form EOIR-26) must be filed with the...

Updated 3 months ago by Joseph

Definition of Refugee

ASYLUM BASIC

Definition of Refugee8 USC 1101(a); INA 101(a)(42) The term "refugee" means(A) any person who is ...

Updated 3 months ago by Joseph

Remedy for Putative NTA

REMOVAL PROCEEDINGS PROCEDURAL

The Board of Immigration Appeals has determined that Homeland Security can “cure” a defective Not...

Updated 3 months ago by Joseph

Failure to Report

ASYLUM Restrictions on Asylum

The Second Circuit has remanded an asylum claim for a Honduran woman who had been the victim of f...

Updated 3 months ago by Joseph

Objection to a Noncompliant NTA

REMOVAL PROCEEDINGS PROCEDURAL

Objection to A Defect in the NTAThe Board has held in Matter of Fernandes, 28 I&N Dec. 605, 610–1...

Updated 3 months ago by Joseph

Money Laundering & the Circumstance-Specific Approach

Immigration Consequences For Criminal M... Crimes

Money Laundering & the Circumstance-Specific ApproachThe Board of Immigration Appeals has determi...

Updated 3 months ago by Joseph

Arise From a Single Scheme

Immigration Consequences For Criminal M... CIMT's

Matter of Carlos Manuel BAEZA-GALINDO, 29 I&N Dec. 1 (BIA 2025)The Board of Immigration Appeals (...

Updated 3 months ago by Joseph

DHS' Burden to Prove Alienage

REMOVAL PROCEEDINGS

DHS' Burden to Prove Alienage is by "Clear, Unequivocal and Convincing Evidence"The First Circuit...

Updated 3 months ago by Joseph

Second Degree Attempted Assault is a Crime of Violence

Immigration Consequences For Criminal M... SPECIFIC NEW YORK OFFENSES

Attempted Assault 2nd Degree In Violation of NYPL 120.05The Second Circuit concluded that a convi...

Updated 3 months ago by Joseph

NY VTL §511(3)(a)(i) Aggravated Unlicensed Operation of Motor Vehicle

Immigration Consequences For Criminal M... SPECIFIC NEW YORK OFFENSES

Aggravated Unlicensed Operation of Motor Vehicle in Violation of New York Vehicle and Traffic Law...

Updated 3 months ago by Joseph

Dealing With ICE

Dealing With ICE

What You Need to Know About ICE EncountersWith the second Trump Administration, U.S. Immigration ...

Updated 4 months ago by Joseph

Employment Authorization Generally

Employment Authorization

What documentation must be submitted with the EAD application? • Proof of filing with USCIS or th...

Updated 4 months ago by Joseph

Asylum Clock

Employment Authorization

Asylum ApplicantsHow long must an asylum applicant with a pending case wait to apply for an initi...

Updated 4 months ago by Joseph

Family Membership Nexus & Matter of M-R-M-S (BIA 2023)

ASYLUM Nexus

Family Membership Asylum NexusCANNOT BE TARGETING THE FAMILY FOR REASONS UNRELATED TO THEM BEING...

Updated 4 months ago by Joseph

Aggravated Felony

Immigration Consequences For Criminal M... Basics

The following is a list of the aggravated felony offenses listed in INA § 101(a)(43), arranged in...

Updated 4 months ago by Joseph

Protections Under the Convention Against Torture

Immigration Consequences For Criminal M... Relief Available With An Aggravated Fel...

WITHHOLDING OF REMOVALA person might not be barred from applying for withholding of removal under...

Updated 4 months ago by Joseph

INA 212(h) Waiver -- No AF Bar for Refugees

Immigration Consequences For Criminal M... Relief Available With An Aggravated Fel...

Aggravated Felony BarNormally an Aggravated Felony will disqualify someone from eligibility for a...

Updated 4 months ago by Joseph

Basics

Immigration Consequences For Criminal M... Basics

I. How Immigration Law Evaluates California Sentences A. When does the length of an imposed sente...

Updated 4 months ago by Joseph

Asporation of Stolen Property is Aggravated Felony Theft

CALIFORNIA

Asporation of Stolen Property is AFThis is not specific to the California statute. Definition of ...

Updated 4 months ago by Joseph