Matter of Siniauskas, 27 I&N Dec. 207 (BIA 2018): DUI a Significant Adverse Factor in Bond Hearings
In Matter of Siniauskas, the BIA held that driving under the influence (DUI) is a serious adverse factor in bond hearings regarding danger to the community.
Can an Individual be Denaturalized for Immaterial False Statement?
In U.S. v. Maslenjak, the Sixth Circuit held that an individual can be denaturalized for an immaterial false statement. The case is now before SCOTUS.
Understanding Citizenship, Nationality, and Nationality without Citizenship
Citizenship vs Nationality: US citizens are US nationals, but under section 308 of the INA it is possible to be a noncitizen national. Read this to know why.
Matter of Obshatko, 27 I&N Dec. 173 (BIA 2017): No Categorical Approach for Removability for Violating Protection Order
In Matter of Obshatko, the BIA held that the categorical and modified categorical approaches don’t apply to INA 237(a)(2)(E)(ii) (violating an order of protection)
Esquivel-Quintana v. Lynch (6th Cir.): Application of Chevron to Dual-Application Statutes
6th Circuit followed the Matter of Esquivel-Quintana regarding the immigration aggravated felony for sexual abuse of a minor in its decision, Esquivel-Quintana v. Lynch.
Matter of J.J. Rodriguez: In Absentia Removal Issues Under Migrant Protection Protocols
In Matter of J.J. Rodriguez, the BIA explained when an alien under the Migrant Protection Protocols fails to appear should be ordered removed in absentia.
Temporary Protected Status (TPS)
Temporary Protected Status (TPS): benefits, rules for eligibility and maintaining TPS, process for filling for TPS, advice from experienced immigration attorney.
Term of Confinement Issued as Condition of a Probation Sentence
The BIA held in Matter of Calvillo Garcia that confinement issued as a condition of a probation sentence is a term of imprisonment under immigration law
Descamps v. United States and its Effects on Immigration Law
SCOTUS’s Descamps decision is important for the immigration aggravated felony. The BIA has grappled with divisible statutes and Descamps in Matter of Chairez.
J Visa Au Pair Program and EduCare Program
This article details both the J exchange visitor Au Pair Program and the EduCare Program, including rules for au pairs, EduCare au pairs, and the host family.
