The Board of Immigration Appeals acted arbitrarily and capriciously when it upheld the decision of an immigration judge denying asylum to a victim of domestic violence whose uncontroverted testimony established that the police in her home country frequently ignored her ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

The plaintiff’s due process rights were not violated when the alien relative petition he submitted on behalf of his non-citizen wife was denied because his wife was ineligible for the visa as a result of her prior sham marriage and ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

A defendant who pleaded guilty to taking custodial indecent liberties with a child, a felony under Virginia law, was deportable under the Immigration and Nationality Act because the offense categorically qualified as the aggravated felony of sexual abuse of a ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge J. Harvie Wilkinson III

Immigrants who were properly arrested and detained by Immigration and Customs Enforcement in the state where they lived with their families were not deprived of their constitutional rights when they were transferred to another state without notice or a hearing ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Paul V. Niemeyer

Although a defendant satisfied the requirements to receive temporary protected status, or TPS,  and would have been granted TPS had the Immigration and Naturalization Service reviewed all documents in its possession, the denial of TPS was not fundamentally unfair because ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Diana Gribbon Motz

Where an immigration judge determined that an imprisoned father did not have physical custody of his child for purposes of the Child Citizenship Act, that decision should have been reviewed de novo by the Board of Immigration Appeals. Background Howard ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Allyson K. Duncan

An immigrant facing possible deportation caught a break March 12 when the Court of Appeals of Virginia reversed his two felony convictions for obstruction of justice based on threats to both a prosecutor and a police officer. While condemning threats ...

Tagged with: Immigration Virginia Court of Appeals News

Where the plaintiff failed to disclose the existence of her child during her initial visa application process and subsequently testified that she had never given false information or documentation to a U.S. official during her naturalization interview, she was unable ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

While the question of whether a government would acquiesce in torture is a question of fact for jurisdictional purposes, for purposes of an appeal, it is a mixed question of law and fact that is subject to de novo review. ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Pamela A. Harris

The likelihood that a former gang member would be tortured if removed to his home country because of his gang-related tattoos depended on the total risk of torture posed by rival gangs, anti-gang vigilantes and police forces in the aggregate. ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Henry F. Floyd