Where the Board of Immigration Appeals, or BIA, remands a case to the immigration judge for background checks, the court joins the majority of circuits in holding the BIA’s decision is not a final order of removal for purposes of ...

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

The U.S. Citizenship and Immigration Services, or USCIS,  application of the law that was in effect when an Alien Relative petition brought by an immigrant and his wife was adjudicated, rather than the statute that was in effect when the ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge G. Steven Agee

Where noncitizens are awaiting the outcome of proceedings on their petitions to withhold removal based on a fear of persecution or torture in other countries, they are entitled to bond hearings that could lead to their release during those proceedings. ...

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

A Fairfax County judge has overturned a woman’s shoplifting conviction in a decision that highlights a defense lawyer’s obligation to understand the immigration consequences of a criminal plea deal. As a result of an ill-advised plea agreement, a one-time lawful ...

Tagged with: Criminal Fairfax County Circuit Court Immigration Judge Stephen C. Shannon

Where an opinion issued by the Attorney General, holding that immigration judges and the Board of Immigration Appeals, or BIA, lacks authority to administratively close a case, was contrary to the plain language of the regulations and would upend settled ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge G. Steven Agee

Although the plaintiff challenged the United States Citizenship & Immigrations Services’ denial of his application for adjustment of his status, he lacked standing because even if he were to be declared an arriving alien, it would not redress his claimed ...

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

After a three-year delay in an “expedited” naturalization process, the court imposed a 45-day deadline for U.S. Citizenship and Immigration Services (USCIS) to render a decision or the court will exercise its authority to decide the case. Background Junfei Ge, ...

Tagged with: Immigration Judge John A. Gibney Jr. U.S. District Court - Eastern District

A Guatemalan citizen charged with illegal reentry could not dismiss the charge against him by collaterally attacking the underlying deportation order as invalid because he could not establish any due process violation. Background Efrain Avila Flores is a citizen of ...

Tagged with: Immigration Judge John A. Gibney Jr. U.S. District Court - Eastern District

The court rejects plaintiffs’ claim that a county sheriff’s cooperation agreement with the Immigration and Customs Enforcement division of the Department of Homeland Security to enforce federal immigration laws is an unauthorized use of local taxpayer funds. Background Defendant Jenkins, ...

Tagged with: Culpeper County Circuit Court Immigration Judge Paul M. Peatross Jr. Virginia Circuit Courts

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