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VTL 511(3)(a) Unlicensed OperationUnlicensed operation of a motor vehicle in the first degree in violation of section 511(3)(a)(i) of the New York Vehicle and Traffic Law, which prohibits a person from driving under the influence of alcohol or drugs while know...

Theft & Intent to Permanently DepriveTheft no longer requires an intent to deprive. The Board of Immigration Appeals has overruled its decision in Matter of Jurado, which assumed that retail theft in Pennsylvania inherently includes an intent to permanently de...

The Second Circuit has remanded an asylum claim for a Honduran woman who had been the victim of family violence. “The agency reasonably relied in part on Castellanos-Ventura’s failure to report. But it failed to consider whether it would have been ‘futile or...

The Board of Immigration Appeals has determined that Homeland Security can “cure” a defective Notice to Appear (NTA) by moving the Immigration Judge to make written amendments to the NTA by adding the date and time of a future hearing. The full text of Matter...

Definition of Refugee8 USC 1101(a); INA 101(a)(42) The term "refugee" means(A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually res...

A Notice of Appeal from a Decision of the Immigration Judge (Form EOIR-26) must be filed with the Board within 30 calendar days of an Immigration Judge’s oral decision, or the mailing or electronic notification of a written decision. 8 C.F.R. § 1003.38(b) (202...

Can a police officer order passengers in a vehicle to exit said vehicle during a traffic stop even if they do not have reasonable suspicion of a crime other than the reason for the initial traffic stop. Maryland v. Wilson, 519 U.S. 408 (1997)No. 95-1268. Argu...

Police Can Command a Person to Exit a Vehicle During a Traffic StopPolice may order you to exit your vehicle during a traffic stop if it is for reasons of officer safety or to further their investigation. You must comply with their command for you to exit the...

Regulations A continuance may be granted for good cause pursuant to 8 C.F.R. §§ 1003.29, 1003.10(b).Two regulations authorize continuances in removal cases: 8 C.F.R. § 1003.29, which permits IJs to continue a hearing for good cause shown, and 8 C.F.R. § 1240.6...

Administrative Closure is a procedural mechanism in which the Court may take a case off of the the calendar for an indefinite period of time allowing for either party (DHS or Respondent) to request that the Court return the case to the Court's calendar at any ...

Motion to TerminateAs the Attorney General has stated, and as provided in the INA and Regulations, “[i]mmigration judges . . . possess the authority to terminate removal proceedings where the charges of removability against a respondent have not been sustained...

PAROLE-IN-PLACE FOR FAMILY MEMBERS OF MILITARY SERVICE MEMBERSDOCUMENTS CHECKLISTThe package submitted to USCIS as an application for Parole-in-Place for the Family Member of a Military Service Member (PIP) should include the following documents:Completed Form...

What is Parole in Place? Parole in place allows a foreign national who came into the United States without authorization by an immigration officer to stay for a certain period of time. Parole in place is granted on a case-by-case basis for urgent humanitarian ...

MOTIONS IN IMMIGRATION COURTMotions to Reopen & Motions to Reconsider are NOT included in this motions section since those are motions that are filed after a final decision. Motions to Reopen and Reconsider are included in the Appeals & Post Order Relief sect...

Primary HoldingStates must have a better reason than a concern for generally disturbing the peace when they ban displaying an expletive in a public space.Cohen v. California, 403 U.S. 15 (1971)

§ 208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.Link to an amendment published at 85 FR 84193, Dec. 23, 2020.This amendment was delayed until Mar. 22, 2021, at 86 FR 6847, Ja...

What is INA §245(i) ?Section 245(i) of the Immigration and Nationality Act (INA), as amended by the Legal Immigration Family Equity (LIFE) Act and LIFE Act Amendments of 2000 (Pub. L. 106-553 and -554), enables certain individuals who are present in the United...

ExemptionsCongress established nine categories of information that are not required to be released in response to a FOIA request because release would be harmful to a governmental or private interest. These categories are called “exemptions” from disclosure an...

What is the Presumption of Openness and Who Issues Guidance to Agencies on the FOIA?The FOIA provides that when processing requests, agencies should withhold information only if they reasonably foresee that disclosure would harm an interest protected by an exe...

Three Categories of Law Enforcement and National Security RecordsCongress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as “exclusions...