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Unlicensed Operation of a Motor Vehicle
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
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...
Failure to Report
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...
Remedy for Putative NTA
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 Refugee
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...
Deadline to Appeal
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...
A Passenger in a Vehicle
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 May Order a Driver to Exit Their Vehicle During a Traffic Stop
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...
Motion to Continue
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...