Deportation After ‘Material Support’ for Guerrillas

‘Grabbing’ Officer’s Hand Not ‘Violent’ Crime

By Deborah Elkins
Published: May 14, 2013
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Albert Diaz

The 4th Circuit grants an Afghan citizen’s petition for review of a final order of removal, and says the government failed to prove that his act of “grabbing” the hand of a police officer who was processing his Maryland DUI charge was not a “crime of violence” and thus an “aggravated felony” that would trigger [...]

BIA Cites Improved Conditions in Peru

By Deborah Elkins
Published: May 3, 2013
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Henry F. Floyd

A Peruvian petitioner loses his appeal of a BIA decision that says he must be deported despite his fear of torture by government officials for his trial testimony about a police officer murdering petitioner’s companion; the 4th Circuit upholds the BIA decision based on current conditions in Peru, evidence of petitioner’s past torture and the [...]

Prior Conviction Was ‘Crime of Violence’

By Deborah Elkins
Published: February 6, 2013
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Paul V. Niemeyer

A Salvadoran citizen who had temporary protected status is not eligible for discretionary relief from removal under the Nicaraguan Adjustment and Central American Relief Act because his 1996 conviction of assault and battery qualifies as a “crime of violence”; the 4th Circuit says he may not “retry” the A&B case during immigration proceedings to show [...]

Alien Can’t Qualify for Prison Programs

By Deborah Elkins
Published: January 29, 2013
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Roger L. Gregory

A federal inmate who is a permanent resident alien in the U.S. cannot sue for a declaration that he is a U.S. national based his application for citizenship, Selective Service registration and declaration of permanent allegiance to the U.S., in order to qualify for certain prison programs, and the 4th Circuit affirms dismissal of his [...]

Attorney’s Fees Awarded for Citizenship Denial

By Deborah Elkins
Published: January 24, 2013
Tags: Immigration, Judge James C. Cacheris, U.S. District Court - Eastern District

A Jordanian native who was denied citizenship because of alleged ties to the Muslim Brotherhood wins $47,577 in attorney’s fees and costs, as the government’s position was not “substantially justified”; an Alexandria U.S. District Court says the applicant’s membership in the Muslim American Society and attendance at a few lectures in Jordan sponsored by the [...]

Rule lets some undocumented immigrants stay in U.S.

By Sylvia Hsieh
Published: January 16, 2013
Tags: Immigration

A new federal rule will allow certain undocumented immigrants who are applying for permanent residency to stay in the U.S. while they seek waivers to remain in the country, rather than require them to wait overseas while their applications are pending. “For some people this is fantastic and what we’ve been waiting for,” said Laura [...]

Removal Allowed for Card-Carrying ‘Terrorist’

By Deborah Elkins
Published: November 27, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge James A. Wynn Jr.

An Angolan citizen cannot overturn the Board of Immigration Appeals’ denial of relief from removal, as his activities of paying monthly dues to and hanging posters for a terrorist organization disqualify him under the “Material Support Bar,” the 4th Circuit says. Although petitioner says he is against violence and did not participate in activities by [...]

Legal Resident Eligible for Waiver

By Deborah Elkins
Published: November 19, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge William B. Traxler Jr.

Although petitioner, a native of El Salvador, was convicted of the aggravated felony of receipt of stolen property after entering the U.S. illegally and later obtaining permanent legal resident status, he nevertheless is eligible for a waiver pursuant to § 212(h) of the Immigration and Nationality Act, and the 4th Circuit grants his petition for [...]

Adverse Credibility Under REAL ID Act Upheld

By Deborah Elkins
Published: November 7, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Allyson K. Duncan

Applying the provisions of the REAL ID Act to credibility findings by an immigration judge, the 4th Circuit upholds adverse credibility findings against a Sikh who claims he will be persecuted or tortured if returned to his native India, and denies a petition for review seeking withholding of removal. Singh presses three arguments on appeal. [...]