Persecuted Activist’s Asylum Claim Remanded

Citizenship Denied for Drug Distribution

By Deborah Elkins
Published: June 11, 2012
Tags: Immigration, Judge T.S. Ellis III, U.S. District Court - Eastern District

A woman convicted in 2001 of ecstasy distribution cannot show the required “good moral character,” even though the distribution was not for commercial gain, and the Alexandria U.S. District Court says denial of her application for naturalized U.S. citizenship was proper. The U.S. Citizenship and Immigration Services denied plaintiff’s application for citizenship on the ground [...]

Lawyer Gets Fees for Support Enforcement

By Deborah Elkins
Published: April 17, 2012
Tags: Immigration, Judge Gerald Bruce Lee, U.S. District Court - Eastern District

A defendant who agreed to sponsor his mother as an immigrant from Rwanda with his I-864 Affidavit of Support is ordered to pay $10,153 to make good on that promise after his mother suffered a stroke and was hospitalized before she died, and the Alexandria U.S. District Court awards the guardian who sued to enforce [...]

Appeals Court Vacates Removal Order

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

Section 212(h) of the Immigration and Nationality Act does not bar an alien who adjusts his status post-entry to lawful permanent resident from seeking a waiver of inadmissibility, and the 4th Circuit grants a petition filed by this married father of three, who obtained lawful resident status prior to his felony conviction and marriage to [...]

‘Father’ Convicted of Passport False Statements

By Deborah Elkins
Published: February 15, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Diana Gribbon Motz

An Afghan native who became a naturalized U.S. citizen and works as a translator cannot overturn his convictions for making false statements on passport applications based on identifying himself on the applications as the “father” of his three stepsons; although the application form does not define “father” and common usage of “father” may include “stepfather,” [...]

Conviction Set Aside, But No Citizenship

By Deborah Elkins
Published: February 13, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Albert Diaz

Although a D.C. court set aside defendant’s conviction for distributing cocaine in a drug-free zone, the conviction still counts for immigration purposes and is an absolute bar to obtaining citizenship, the 4th Circuit says. The D.C. Superior Court suspended defendant’s sentence and placed him on 18 months of supervised probation, with certain conditions. He successfully [...]

‘Moral Turpitude’ Removal Order Vacated

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Barbara Milano Keenan

The 4th Circuit vacates a Board of Immigration Appeals’ order of removal for an El Salvadorian native and lawful permanent resident whose removal was ordered after he was charged with a sexual offense against a minor and pleaded guilty to contributing to the delinquency of a minor; the BIA used the wrong method to evaluate [...]

BIA Used Wrong Standard on Removal

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge John A. Gibney Jr.

In deciding this petition for deferral of removal based on petitioner’s fear of torture if he is returned to his native Ghana, the 4th Circuit says the Board of Immigration should have applied the “clearly erroneous” standard instead of the de novo review standard, and it grants the petition, vacates the BIA’s decision in favor [...]

Political Asylum Application Rejected

By Deborah Elkins
Published: December 13, 2011
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Henry F. Floyd

A native of Cameroon who claims political persecution as evidenced by multiple arrests and rape during detention loses her appeal of the decision by the Board of Immigration Appeals rejecting her application for asylum and withholding of removal, as the 4th Circuit upholds the BIA decision. Pulcherie Tekeu Djadjou, a native and citizen of Cameroon, [...]

No Citizenship for Terrorism Fundraiser

By Deborah Elkins
Published: November 14, 2011
Tags: Immigration, Judge Leonie Brinkema, U.S. District Court - Eastern District

An Alexandria U.S. District Court dismisses a petition seeking adjudication of a naturalization application filed by petitioner, a Pakistani citizen and lawful resident of the U.S. who is currently serving a 110-month sentence in federal prison for money laundering in violation of 18 U.S.C. § 1956(h) and for concealment of terrorist financing in violation of [...]