Local immigration ‘dragnets’ can pull in small fry to big catch

House passes group of anti-illegal bills

By Virginia Lawyers Weekly
Published: February 14, 2011
Tags: General Assembly, Immigration

The House of Delegates has advanced a slate of anti-illegal immigrant bills, including one that would require Virginia’s public colleges to bar undocumented students from enrolling and another that would deny public benefits to people in the country illegally. The House voted 75-24 Tuesday to approve Del. Christopher Peace’s bill, which would amend state law [...]

‘Wealth, Americanization’ Don’t Support Immigrant Petition

By Deborah Elkins
Published: January 26, 2011
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Allyson K. Duncan

The 4th Circuit has no jurisdiction to review a Board of Immigration Appeals’ denial of a Salvadoran’s application for asylum and protection under the UN Convention Against Torture, based on his claim that he fears violent persecution by gangs in El Salvador because he is part of a social group of “young, Americanized, well-off, Salvadoran [...]

Padilla Rule Not Retroactive

By Deborah Elkins
Published: January 20, 2011
Tags: Immigration, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court denies a defendant’s motion under 28 U.S.C. § 2255 alleging he received ineffective assistance of counsel from a lawyer who failed to advise that his guilty plea to criminal charges could lead to deportation; the court declines to apply Padilla v. Kentucky’s rule retroactively. With this matter the court addresses [...]

Court clears the way for deferred judgment

By Alan Cooper
Published: January 14, 2011
Tags: Alexandria Circuit Court, Criminal, Immigration, Judge Lisa B. Kemler, Justice Charles S. Russell, Justice Donald W. Lemons, Justice Lawrence L. Koontz Jr., Supreme Court of Virginia News

The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. The ruling in Commonwealth v. Hernandez (VLW 011-6-002) stops short of fully endorsing the practice, [...]

Va. Marijuana Case Not a ‘Conviction’ Bar

By Deborah Elkins
Published: January 12, 2011
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Dennis W. Shedd

A Peruvian’s 1997 Virginia adjudication for marijuana possession pursuant to Va. Code § 18.2-251, in which a judge deferred adjudication and ordered probation, did not count as a “conviction” under a federal immigration statute, 8 U.S.C. § 1101(a)(48)(A), and the 4th Circuit grants the petition for review and remands to the BIA petitioner’s request for [...]

Immigration – Naturalization Application – Removal Proceedings

By Deborah Elkins
Published: November 18, 2010
Tags: 4th U.S. Circuit Court of Appeals, Immigration, Judge Allyson K. Duncan

A Panamanian citizen and permanent U.S. resident who joined the U.S. Army but then was convicted of a drug offense by a military court cannot obtain review of the denial of his motion to terminate removal proceedings, as the 4th Circuit upholds the Board of Immigration Appeals’ interpretation of 8 C.F.R. § 1239.2(f). Petitioner challenges [...]

Is gender difference in law on immigration unconstitutional?

By Kimberly Atkins
Published: November 15, 2010
Tags: Immigration, U.S. Supreme Court

WASHINGTON – Justices of the U.S. Supreme Court are grappling with issues of gender bias, judicial remedies, and congressional power in a case considering the constitutionality of a law that makes it easier for a child of unmarried parents to obtain citizenship if the mother, rather than the father, is a U.S. citizen The case, [...]

Immigration – Naturalization Application – Mandamus

By Deborah Elkins
Published: October 26, 2010
Tags: Immigration, Judge James C. Cacheris, U.S. District Court - Eastern District

An Alexandria U.S. District Court exercises its discretion to remand this naturalization application to the U.S. Citizen and Immigration Service, and denies a writ of mandamus to require adjudication of the application. Title 8 U.S.C. § 1447(b) provides that a naturalization applicant may file a lawsuit seeking adjudication of his application only after 120 days [...]

Immigration – Removal – Damages Claim

By Deborah Elkins
Published: October 6, 2010
Tags: Immigration, Judge James C. Cacheris, U.S. District Court - Eastern District

A Salvadoran national cannot sue under Bivens for alleged injuries from an ICE agent who allegedly assaulted him prior to his removal from the U.S., says an Alexandria U.S. District Court. Defendant argues the Immigration and Naturalization Act precludes this court’s subject matter jurisdiction over removal decisions, the INA is sufficiently comprehensive to preclude a [...]