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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...

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....

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...

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...

 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 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...

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...

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...

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

WARNING: Overstaying a voluntary departure period brings severe, unwaivable consequences.See Practice Advisory on Voluntary Departure.8 CFR § 1240.26 - Voluntary Departure§ 1240.26 Voluntary departure—authority of the Executive Office for Immigration Review.(a...

Reinstatement of RemovalIf an alien is found to have reentered the United States illegally after having been previously removed or having left under a grant of voluntary departure under a removal order, the alien may be subject to reinstatement of removal. Rei...

Humanitarian GrantsMatter of L-S-, 25 I&N Dec. 705 (BIA 2012)(1) An asylum applicant who has established past persecution but no longer has a well-founded fear of persecution may nevertheless warrant a discretionary grant of humanitarian asylum based not only ...

Section 240(a)(5)(A) of the Immigration and Nationality Act states that an Immigration Judge may enter a removal order against respondent in their absence, should they fail to appear in court for a scheduled hearing for which they had proper notice. The Respo...

Not Subject to Court ReviewHolding: Revocation of an approved visa petition under 8 U.S.C. § 1155 based on a sham-marriage determination by the Secretary of Homeland Security is the kind of discretionary decision that falls within the purview of Section 1252(a...

💡 The EOIR registration will be the most important because you cannot appear in Court without being registered with the Department of Justice, Executive Office of Immigration Review.RegistrationsTo represent clients in removal proceedings before the EOIR or th...

At a bond hearing conducted pursuant to section 236(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226(a) (2018), the burden of proof is on the respondent to demonstrate “to the satisfaction” of the Immigration Judge and the Board that his “rel...

The BIA can overturn the discretionary decision of an IJ to grant bond. "In this case, we do not agree with the Immigration Judge’s bond determination. Considering the repeated and serious nature of the respondent’s actions, including a driving under the influ...

USCIS FEE WAIVERS How to request a fee waiver;Which fees are waivable;Which filing fees can't ever be waived;Filing fee amounts.Three Basis for Fee WaiverUSCIS evaluates whether the requestor is unable to pay the filing fee based on the following criteria:The ...