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

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