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LGBT Asylum and LGBT Rights
This Pride Month feels different than in years past. After decades where it felt like the moral arc of the universe was bending towards Justice and tolerance, gay and trans rights--and gay and trans people--are under assault by right-leaning politicians,... -
Why Birthright Citizenship May Not Apply to Children of Undocumented Immigrants by Nolan Rappaport
Former President Donald Trump has made a new policy pledge: If he wins the 2024 presidential election, as part of his plan to secure the border, he will “sign an executive order making clear to federal agencies that under the correct interpretation... -
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ICE conducts removal flights June 1
Via ICE:
WASHINGTON — U.S. Immigration and Customs Enforcement (ICE) conducted multiple removal flights including to Colombia, Ecuador, Guatemala, Honduras, and Peru as part of dozens of flights conducted each week.
The United... -
MKolken started a blog post CA9: Conviction for Second-Degree Robbery in Washington Is an Aggravated Felony Under INA §101(a)(43)(G)in MKolkenCA9: Conviction for Second-Degree Robbery in Washington Is an Aggravated Felony Under INA §101(a)(43)(G)
MCKENZY ALFRED V. MERRICK GARLAND, No. 19-72903 (9th Cir. 2023)
Alfred was convicted under Wash. Rev. Code § 9A.56.190 and served a fifteen-month prison sentence. The BIA concluded that he was removable for having committed an aggravated... -
MKolken started a blog post CA6: BIA Abused Its Discretion in Affirming Petitioner’s Removability as DHS Failed to Meet Burden to Prove a Loss to Victim Exceeding $10,000in MKolkenCA6: BIA Abused Its Discretion in Affirming Petitioner’s Removability as DHS Failed to Meet Burden to Prove a Loss to Victim Exceeding $10,000
Habib Khadair Abbas AL-ADILY, Petitioner, v. Merrick B. GARLAND, Attorney General, Respondent. No. 22-3432 Decided: March 30, 2023
DHS had multiple opportunities to prove that Thrifty’s itemized restitution request accurately reflected... -
The Logic of Making You Wait (and Wait and Wait and Wait...)
If you are one of the 3+ million people waiting for your case in Immigration Court or at the Asylum Office, you might ask yourself, Why is my case taking so long? Of course you know the basic reason: Too many cases and too few people to work on those... -
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How the University of California Is Encouraging Illegal Immigration by Nolan Rappaport
A coalition of undocumented students last year asked the University of California (UC) to disregard INA Section 1324a, the federal law which prohibits employing undocumented foreign students. That provision was established 37 years ago by the Immigration... -
MKolken started a blog post BIA: A conviction for using a fake gun while committing a burglary that is not an aggravated felony is an aggravated felonyin MKolkenBIA: A conviction for using a fake gun while committing a burglary that is not an aggravated felony is an aggravated felony
Possibly the most ridiculous holding I've ever seen.
Matter of POUGATCHEV, 28 I&N Dec. 719 (BIA 2023)
(1) A conviction for burglary of a building under section 140.25(1)(d) of the New York Penal Law is not categorically...
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