ASISTA

Removal and Immigration Court

Case Law and Overview

  VAWA Motion to Reopen for Suspension BIA unpublished decision
Unpublished decision approving special VAWA motion to reopen for VAWA suspension of deportation (5/11/2007)
  VAWA Cancellation BIA unpublished decision on extreme cruelty, extreme hardship and divorce from abuser at time of filing
BIA affirms IJ finding of extreme cruelty, extreme hardship, and qualifying for VAWA cancellation after divorce from abuser (1/20/2006)
  VAWA Suspension BIA unpublished decision witnessing abuse is Extreme Cruelty to Child
BIA affirms IJ finding that witnessing abuse is extreme cruelty to child and discusses extreme hardship factors (11/29/2001)
  VAWA Cancellation BIA unpublished decision on good moral character and extreme hardship
BIA overturns IJ denial finding good moral character despite crimes and other violations and discusses special VAWA factors on extreme hardship in EOIR regulations (11/18/1999)
  VAWA Suspension BIA unpublished decision on credibility and extreme hardship
BIA overturns IJ, discussing credibility and extreme hardship (7/14/2003)
  VAWA adjustment for fiancee
BIA concedes approved VAWAs who entered on fiancee visas may adjust if abuser was sponsor (10/12/2011)
  VAWA cancellation BIA unpublished decision on extreme cruelty to child in common
BIA finds that death of child does not terminate eligibility for relief based on abuse to child in common (no marriage) and discusses extreme cruelty to child (3/5/3012)
  AAO Us can overcome reinstatement, January 2017
Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5).
  Amicus Brief Hernandez
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
  Hernandez Brief' s Decision
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
  Amicus Brief Lopez
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
  Lopez Brief's Decision
The seminal VAWA case in the 9th, articulating the broad definition of extreme cruelty and the ameliorative purpose of the law.
 

Memos and Agency Decisions

  USCIS memo the Adjudication of Applications and Petitions Involving Individuals in Removal Proceedings (Feb. 4 2011)
This policy memorandum provides guidance for coordination with U.S. Immigration and Customs Enforcement (ICE) on the adjudication of applications and petitions involving individuals in removal proceedings.
  Adjudicating Forms 1-212 in light of Gonzalez v. DHS, 508 F.3d. 1227 (9th Cir. 2007) (Issued May 19, 2009)
This memorandum supersedes and rescinds entirely the March 31, 2006 memorandum entitled, "Effect ofPerez-Gonzalez v. Ashcroft on adjudication of Form 1-212 applications filed by alien who are subject to reinstated removal orders under INA 241(a)(5)" (the "Perez-Gonzalez" memorandum).
  Immigration Court Practice Manual, issued by the DOJ (2008)
In 2006, the Attorney General instructed the Director of the Executive Office for Immigration Review, in consultation with the Immigration Judges, to issue a practice manual for the parties who appear before the Immigration Courts. This directive arose out of the public's desire for greater uniformity in Immigration Court procedures and a call for the Immigration Courts to implement their "best practices" nationwide.
  USCIS memo on Flexible response Times for Notices of Intent to Deny and Requests for Evidence (April 12, 2007)
This memo explains the option of USCIS to set a 12-week reponse time or a shorter (ex. 30 day)response time for Requests for Evidence and Notices of Intent to Deny.
  CIS Policy Memorandum RE: Disposition of Cases Involving Removable Aliens (July 11, 2006)
This is one of several memoranda discussing CIS discretion to not place noncitizens in proceedings in certain circumstances, including vawa (p 2) (but read the whole memo). Read along with other documents in this section.
  USCIS memo for Prosecutorial Discretion (Oct. 24, 2005)
This memo lists out instances in which CBP, CIS, and ICE should not issue Notices to Appear, as well as other options after before filing the Notices to Appear.
  Victims of Trafficking Policy Memo #2 (August 30, 2001)
Memorandum on U- and T-Visas written by Michael Cronin from August 30, 2001.
  DOJ and INS memo on Motions to Reopen for Consideration of Adjustment of Status (May 17, 2001)
If an adjustment of status was not available to the respondent at the former hearing, the alien is statutorily eligible for adjustment of status, and the respondent merits a favorable exercise of discretion.
  Memo on Motions to Reopen Policy (Dec. 23, 1997)
This memo offers information on EOIR regulations for Motions to Reopen.
  ICE Memo on U Nonimmigrant Status ( U visa) Applicants in Removal Proceedings or with Final Orders of Deportation or Removal (September 25, 2009)
This memorandum provides field guidance to ensure compliance with the Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) regarding aliens with pending U visa petitions who are either (1) subject to a final administrative order of deportation or removal and request a stay of removal or (2) in removal proceedings.
  AAO Us can overcome reinstatement, January 2017
Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5).
 

Q & A from CIS

  Voluntary Departure Q&A
A new voluntary departure rule, which went into effect in January of 2009, addressed various aspects of voluntary departure, which this Q&A attempts to answer and clarify.
 

Immigration Court

  BIA Overruled Matter of Gutierrez 21 I&N Dec. 479 (BIA 1996) and notes on Matter of Avetisyan
In February of 2012, the Board of Immigration Appeals (BIA) overruled Matter of Gutierrez 21 I&N Dec. 479 (BIA 1996) a person requesting administrative closure may succeed without agreement from the government attorney. In Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), the Board identified factors for the adjudicator to determine whether to close a case.
  Motions to Suppress in Removal Proceedings: Fighting back Against Unlawful Conduct by US Customs and CBP.
This practice advisory addresses some of the factual scenarios and legal issues that may arise when seeking to suppress evidence unlawfully obtained at or near the border.
 

Samples

 

Articles

  ARREST, DETENTION AND BOND PROCEDURES FOR NON-CITIZENS WITHOUT CRIMINAL CONVICTIONS
Copyright 2002, 2008 American Immigration Law Foundation.
  Protecting Your Client When Prior Counsel Was Ineffective
Copyright , 2007 American Immigration Law Foundation.
  RESCINDING AN IN ABSENTIA ORDER OF REMOVAL
Copyright , 2008 American Immigration Law Foundation.
  Child Status Protection Act (CSPA) update (2009)
The CSPA provides relief to children who "age-out" (turn 21) as a result of delays by the USCIS in processing visa petitions and asylum and refugee applications. This practice advisory offers information age calculations and formulas for determining who constitutes a child and at what age.
  Advisory on How to File a Petition for Review
This advisory offers a detailed overview of filing petitions, from the length of grace periods to litigation in the Court of Appeals.
  Voluntary Departure: Automatic Termination and the Harsh Consequences of Failing to Depart
This practice advisory from the AILF's Legal Action Center offers an overview in when voluntary departure is given and the costs and benefits of such an order.
  Analysis of Voluntary Departure and DADA V. MUKASEY
This analysis of The Supreme Court's decision in Dada v. Mukasey offers insight into the motion to reopen provision.
  Protecting Your Client When Prior Counsel Was Ineffective
Matter of Lozada, 19 I&N Dec. 637 (BIA 1988) aff'd 857 F.2d 10 (1st Cir. 1988)sets the requirement for filing a motion to reopen a case based on ineffective assistance. This practice advisory lays out the Lozada requirements and restrictions.
  Challenging the BIA's Denial of a Motion to Reopen, Remand, or Continue a Case
This practice advisory is the third in a series about the interim regulations, adopted May 12, 2006, which give USCIS jurisdiction over the adjustment applications of an "arriving alien" parolee who is in removal proceedings
 

Cases to Reopen

  Kucana v. Holder, 130 S.Ct. 827 (Jan. 20, 2010)
the Court unanimously held that a statutory provision stripping courts of jurisdiction to review immigration decisions that Congress has declared "to be in the discretion of the Attorney General."
 
©2017 Asista. All Rights Reserved