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PROCEDURAL
Notice to Appear Pleadings Motion Practice Objections Timely Objections Time-Barred Relief or Motions Claim-Processing Rule
PROTECTING THE AMERICAN PEOPLE AGAINST INVASION
PROTECTING THE AMERICAN PEOPLE AGAINST INVASION By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) and section 301 of title 3...
Alien Registration Requirement
Alien Registration Requirement On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the go...
INA §101(a)(27)(J) - Special Immigrant Juvenile
INA §101(a)(27)(J) (codified at 8 U.S.C. § 1101(a)(27)(J) (a) As used in this chapter— (27) The term “special immigrant” means— (J) an immigrant who is present in the United States— (i) who has been declared dependent on a juvenile court...
SIJS Generally
WHO IS ELIGIBLE FOR SIJS? To be eligible for SIJS, you must be: Under 21; Unmarried; Have a case or be able to open a case in a state juvenile court; * The juvenile court must determine that you are not able to live with one or bothof your parents becau...
VAWA
WHO IS ELIGIBLE TO APPLY FOR VAWA? You may be eligible to apply for VAWA if you: are married to that U.S. Citizen or Lawful Permanent Resident are the child of a U.S. Citizen or Lawful Permanent Resident are the parent of a child who was abused by their ...
VAWA Cancellation
VAWA Cancellation of Removal Under the Violence Against Women Act (VAWA), certain foreign-born victims of domestic violence who are in U.S. removal (deportation) proceedings can apply in front of an immigration judge to remain in the United States with a gree...
U Visa Certification Through the Department of Labor
U or T Visa Certification Requests from the DOL U Visas Forms Form I-918 Form I-918 Supplement B Requesting U Visa Certification from the NYS DOL The U Visa provides immigration status for victims of certain serious crimes, who have suffered substantial ...
Statutes, Regulations, Legislative Records, Policy Memorandum
Statutes, Regulations, 9 FAM, Legislative Records, Policy Memorandum VAWA 2000 Legislative History Wilberforce Amendments Wilberforce Amendments on Bona Fide Work Authorization. 9 FAM Field Adjudicator's Manual for Department of State with information on ...
Deferred Action for Labor Enforcement (DALE) or Deferred Action for Workers in Labor Dispute
Deferred Action for Labor Enforcement (DALE) What exactly is DALE? DALE, if granted, is a commitment from DHS to protect its recipient from deportation for four years, with a possibility to renew that protection for an additional two years. During this ti...
Derivative Children
DERIVATIVE CHILDREN Derivative Child In The United States U Not Yet Filed & Child Not 21 Under 21 At Time Of Filing But Turned 21 While App Pending Under 21 At Time Of Approval But Turning 21 Before The 3 Years FILE NOW ...
Drug Abuse or Drug Addiction
Applicants who are found to be drug abusers or addicts are inadmissible under INA §212(a)(1)(A)(iv). Drug abuse and drug addiction are current substance-use disorders or substance-induced disorders of a controlled substance listed in Section 202 of the Contro...
New York State Law is Facially Overbroad
Here, the New York state statute under which the respondent was convicted is facially overbroad, as it criminalizes the possession of all isomers of cocaine, while the federal statute criminalizes only the possession of optical and geometric isomers. Although ...
Foreign Policy Grounds
8 USC §1227. Deportable aliens(a) Classes of deportable aliensAny alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of d...
8 USC 1227: Deportable aliens
§1227. Deportable aliens8 USC 1227: Deportable aliens: Text contains those laws in effect on March 16, 2025From Title 8-ALIENS AND NATIONALITYCHAPTER 12-IMMIGRATION AND NATIONALITYSUBCHAPTER II-IMMIGRATIONPart IV-Inspection, Apprehension, Examination, Exclus...
ELEMENTS OF THEFT
ELEMENTS OF THEFTPetty theft, per PC 484 and PC 488, is the unlawful taking of property worth $950 or less.The elements of this crime are spelled out in California Criminal Jury Instruction “CALCRIM” 1800. For you to be convicted of petty theft, prosecutors mu...
Receiving Stolen Property
California Penal Code Section 496(a) PC: Receiving Stolen PropertyDefinition and Elements of the CrimeWhile many theft offenses make it illegal to unlawfully take or steal property from someone else, the person who receives stolen property can also be charged ...
CA PC § 496 - Rcving Stolen Property
California Code, Penal Code - PEN § 496Current as of January 01, 2023 | Updated by FindLaw Staff(a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the propert...
Immigration Consequences
Matter of Alday-Dominguez, 27 I&N Dec. 48 (BIA 2017)Receiving stolen property under section 496(a) of the California Penal Code was categorically an aggravated felony theft offense under section 101(a)(43)(G) of the INA,On June 1, 2017, the Board of Immigratio...
Asporation of Stolen Property is Aggravated Felony Theft
Asporation of Stolen Property is AFThis is not specific to the California statute. Definition of “Asportation”The Board uses the term “asportation” in its decision. Because this term is uncommon outside of the legal context, we will provide a definition for th...
Basics
I. How Immigration Law Evaluates California Sentences A. When does the length of an imposed sentence matter for immigration purposes? See also Chart 3 in Part VII, below, which summarizes how sentences cause immigration penalties. Aggravated felonies. The most...