New Unpublished BIA Decision on 212(h) Application in the Ninth Circuit

This is a BIA decision from February 25, 2014 on 212(h) applications in the Ninth Circuit. To view follow this link. In the decision BIA ruled that an LPR can apply for 212(h) waiver if she adjusted in the United States.

Waivers of Misrepresentation under the Immigration and Naturalization Act

I have represented several individuals, both before the Service and immigration courts, who were inadmissible for a material misrepresentation under the Immigration and Naturalization Act (INA). The typical problem involves a situation where a person was applying for a visitor’s visa, says that he/she is married when she is not, and now is applying for permanent residence based on a marriage petition. During the adjustment of status interview, the misrepresentation is discovered and the application is denied or put on hold to allow the client to apply for a waiver. In some cases the client is even placed in removal proceedings after the application is denied under Section 237(a)(1)(A) of the Act.

The good thing about these charges, if you were before the Service, is that you can apply for a waiver of the ground of inadmissibility under INA 212(i). The waiver allows the Attorney General to waive the ground of inadmissibility if the alien’s removal would lead to extreme hardship to the alien’s US citizen child or spouse. In the case of a VAWA applicant, the immigrant would qualify for the waiver if the removal would lead to personal hardship.

I have represented several clients in removal proceedings who were placed there for one reason or another. The government bears the burden of proving removability in removal proceedings. The immigrant’s chances of success in both instances depend on the availability of a qualifying relative to show hardship and the evidence that the Service possesses to prove the misrepresentation. I have always tell people, these are very complicated cases and no one should attempt to apply on their own (without an attorney).

Please let me know if you have any questions. Also, feel free to add me on Linkedin, Google+, twitter, or leave a comment using the form below.

ACLU Files Suit On Timeliness Of Immigrant Asylum Interview

Originally posted on CBS Los Angeles:

SAN FRANCISCO (AP) — Immigration advocates are filing suit against the federal government, saying immigration officials are violating their own rules by failing to provide a speedy hearing to some immigrants who face deportation.

The lawsuit was filed Thursday in federal court in San Francisco by two California affiliates of the American Civil Liberties Union and the National Immigrant Justice Center.

The groups say the Administrative Procedure Act requires that people who face removal orders and who have been previously deported should be granted a speedy interview to decide if they have a reasonable fear that they would be persecuted in their home country.

The plaintiffs allege that some immigrants have spent months in detention awaiting interviews and later, asylum hearings.

The Department of Homeland Security didn’t immediately respond to a request for comment Thursday. U.S. Citizenship and Immigration Services didn’t provide comment.

(© Copyright 2014 The Associated Press. All…

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Federal Judge’s Ruling Spurs Halt On Immigration Detainers

Originally posted on CBS Seattle:

PORTLAND, Ore. (AP) — A federal judge in Oregon has found that an immigrant woman’s constitutional rights were violated when she was held in jail without probable cause at the request of U.S. immigration authorities, one of several recent federal court decisions to scrutinize the practice of keeping people in jail after they’re eligible for release so that they can be considered for deportation.

The rulings make it clear that local officials are not required to honor immigration authorities’ requests that someone in custody continue to be held even though their original charges were resolved or they are eligible for bail, and that local jurisdictions may be held liable for doing so.

The rulings have spurred several jurisdictions — from multiple Oregon counties to the city of Philadelphia — to announce they will no longer honor requests for such holds. Previously, some counties and states had already limited use of…

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Immigration Blog on Immigration Policy and Enforcement

Originally posted on cltimmigration:

Immigration Blog on Immigration Policy and Enforcement .

Immigrant entrepreneurs create jobs and strengthen the U.S. economy.
American Immigration Council – Entrepreneurship and Innovation.
Read the latest research and news updates for April 2014 here www.charlottelaw.net/immigration-blog

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Hillary swoons at admitted illegal immigrant: ‘Wow,’ you’re ‘incredibly brave’

Originally posted on GulfDogs:

Former Secretary of State Hillary Clinton told a young woman who admitted she was an illegal immigrant that she was “incredibly brave” for her admission while openly campaigning for amnesty-type reforms.

The woman, a 19-year-old who gave her name as Nova, made the statement at a No Ceilings event with the Clinton Foundation and Microsoft, attended by Mrs. Clinton and daughter, Chelsea.

The woman said, RealClearPolitics.com reported: “My name is Nova. I am 19 years old. … For the first time publicly I want to say that I’m an undocumented immigrant. I want to say that it’s been extremely difficult for me to empower myself in America because I came here illegally when I was five.”

She then went on to say she can’t get a job, vote or attend the college of her dreams because of her lack of proper documentation.

“It’s been very hard because I don’t have…

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Boehner and Other GOP Leaders Promise to Move on Immigration This Year

Originally posted on BCNN1 WP:

Boehner and Other GOP Leaders Promise to Move on Immigration This Year

Speaker John Boehner and other senior House Republicans are telling donors and industry groups that they aim to pass immigration legislation this year, despite the reluctance of many Republicans to tackle the divisive issue before the November elections.

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Sex Trafficking and Hard Drugs Ignore Borders to Invade the United States.

Originally posted on iwritetheblogggs:

sex

MEXICO CITY, MEXICO – U.S. Senator Amy Klobuchar is leading a delegation to Mexico with U.S. Senator Heidi Heitkamp to discuss joint efforts to fight sex trafficking and the growing heroin epidemic. Klobuchar and Heitkamp will be joined on their three-day trip by Cindy McCain, who co-chairs the Arizona Governor’s Task Force on Human Trafficking. They will meet with the Attorney General of Mexico, sex trafficking prosecutors and NGOS, the U.S. Ambassador to Mexico, and Mexican Senators involved in the issue to push for coordinated efforts to combat sex trafficking in Mexico and the United States. The Senators will also lead meetings with the Mexican National Security Commission, the U.S. Drug Enforcement Administration and other officials to discuss ways to combat the growing heroin epidemic.

“The United States needs to be a leader for the rest of the world in fighting crimes against women, including sex trafficking. This is an…

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Harry Reid defends ‘domestic terrorists’ comments

Originally posted on CNN Political Ticker:

(CNN) - In a blunt exchange that hit on a major American divide, Senate Majority Leader Harry Reid, a Democrat from Nevada, stood by his comments that militia groups involved in a ranch standoff are “domestic terrorists,” while the state’s Republican senator, Dean Heller, replied that he considers them “patriots.”

The two men appeared Friday afternoon on KSNV’s “What’s Your Point?” question-and-answer show.

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White House declines comment on petition to deport Justin Bieber

Originally posted on CNN Political Ticker:

WASHINGTON (CNN) - - The White House has declined to comment on a “Deport Justin Bieber and revoke his green card” petition, saying the “We the People” Whitehouse.gov petition system allows the Executive Office to dodge comments “to avoid the appearance of improper influence.”

Although the official response did not address the petition’s position directly, the White House did drop a few Bieber references, while making its case for the President’s immigration plan.

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