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Bona Fide Marriage Exemption
WHO MUST REQUEST A BONA FIDE MARRIAGE EXEMPTION?(8) Any alien who seeks to adjust status based upon a marriage which occurred on or after November 10, 1986, and while the alien was in exclusion, deportation, or removal proceedings, or judicial proceedings rela...
Jurisdiction & Commencement of Proceedings
8 CFR § 1003.14 Jurisdiction and commencement of proceedingsTitle 8 Chapter V Subchapter A Part 1003 Subpart C § 1003.14https://www.ecfr.gov/current/title-8/section-1003.14§ 1003.14 Jurisdiction and commencement of proceedings.(a) Jurisdiction vests, and proc...
Motion for Severance
BASICSThe Immigration Court Practice Manual states that it should be titled "Motion for Severance" and should follow the regular rules regarding the timing of motions. STATUTORY AUTHORITYAn Immigration Judge has the discretion to consolidate or sever proceedin...
Notice to Appear (NTA)
The commencing of removal proceedings is the Department of Homeland Security's issuance of a Notice to Appear, which lays out the factual allegations and the charges being made against the respondent. It must be signed by a DHS official and contain a time and...
Service on ICE
In the Matter of: Respondent's Name Respondent In Removal Proceedings File No.: A245-450-965 CERTIFICATE OF ...
Motion to Withdraw
Motion to Withdraw as Attorney of RecordA motion to withdraw as counsel must comply with Matter of Rosales (BIA 1988).Counsel must file a motion with the Court providing:Evidence that counsel attempted to contact the Respondent at their last known address with...
Termination of Proceedings
-> . /. See also Motion to Terminate.
An LPR Who Has Been Outside of the US For Six Months or More
The large portion of the information on this page came from https://myattorneyusa.com/immigration-blog/immigration-to-the-usa/case-law-on-the-abandonment-of-permanent-resident-status/ which is one of the best immigration attorney blogs on the web.You can find...
Inadmissibility and Deportability By Secretary of State Determination
Inadmissibility and Deportability By Secretary of State DeterminationUnder section 237(b)(4)(C)(i) of the Immigration and Nationality Act, “an alien whose presence or activities in the United States the Secretary of State has reasonable ground to believe would...
Who is Removable?
A respondent is removable if they are “in the case of an alien not admitted to the United States, that the alien is inadmissible under section 212 of this Act” See INA §240(e)(2)(A)[8 U.S.C 1182] DefinitionsIn this section and section 240A of this Act [8 U.S....
Burden of Proof
APPENDIXSection 101 of the REAL ID Act of 2005, PL 109–13, 119 Stat. 231, 302–06 (boldface added to section and subsection headings):SEC. 101. PREVENTING TERRORISTS FROM OBTAINING RELIEF FROM REMOVAL.“(B) BURDEN OF PROOF.—“(i) IN GENERAL.—The burden of proof i...
I-360 Approval is a Parole Under INA §245(h)
Adjustment of status, the process of becoming a lawful permanent resident without leaving the United States to consular process, is governed by INA § 245. Subsection 245(h) outlines the special provisions that govern SIJS-based adjustment. Adjustment of status...
Bond Motion
ICPM 5.1(a) Where to File - The immigration court may entertain motions only in those cases in which it has jurisdiction. See subsections (1), (2), (3), below, Appendix J (Filing Motions). If the immigration court has jurisdiction, motions are filed with th...
Mandatory Detention
Mandatory immigrant detention, is the requirement that certain categories of migrants remain detained throughout the entirety of their immigration proceedings, is a creation of Congress. In 1996, lawmakers passed the Illegal Immigration Reform and Immigrant Re...
EOIR Courts & Appeals System (ECAS)
The EOIR Courts & Appeals System (ECAS) is part of an overarching information technology modernization effort at EOIR. ECAS was first introduced in July 2018 to phase out paper filing and processing, and to retain all records and case-related documents in elec...
Post Conviction Relief
Board of Immigration Appeals 2025Matter of De Jesus PlatonThe evidence of post-conviction relief under section 1473.7 of the California Penal Code that the respondent submitted in support of his motion to remand does not demonstrate that his conviction was vac...
Grounds of Inadmissibility for Special Immigrant Juveniles
SIJS Applicants Are Exempt From Certain Grounds of InadmissibilityInfo CALLOUTOther CalloutDanger callout INA 212(a)(4) Public charge INA 212(a)(5)(A) Labor certification INA 212(a)(6)(A) Aliens present without admission or parole INA 212(a)(6)(C) Misrepresent...
Stoner v. California (SCOTUS)
Stoner v. California