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Tag Archives: Immigration

Challenge to family reunification policy goes forward (access required)

Claims by an unaccompanied minor and his relative that the Office of Refugee Resettlement policy violated the Administrative Procedure Act and the plaintiffs’ procedural due process rights, proceed to discovery. Background Plaintiffs/petitioners in this putative class action are four minors ...

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Gang recruitment efforts insufficient for asylum (access required)

Although the petitioner asserted a gang was threatening him if he returned to El Salvador, evidence supported the immigration judge’s conclusion that the gang’s recruitment efforts were aimed at providing “more opportunities to increase membership,” rather than at persecuting him ...

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Petitioner get presumption of ‘fear of future persecution’ (access required)

The Board of Immigration Appeals erred by finding that petitioner from Benin had not established past persecution, despite credible testimony of death threats due to his bisexuality and homosexual relationship. In remanding, the court noted the petitioner is entitled to ...

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Important Opinions January – December 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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Virginia Tech student’s due process rights not violated (access required)

Virginia Tech’s ministerial acts in reporting the academic status of a student on an F-1 visa who was arrested for weapons possession did not violate the student’s due process rights. Background Yunsong Zhao came to the United States on an ...

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4th Cir.: Longtime resident removable based on old drug offense (access required)

After a trip to his native U.K., a lawful permanent resident in the U.S. was denied admission upon his return, based on a seven-year-old conviction for conspiracy to possess with intent to distribute a controlled substance. His removal order was ...

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EDVA: Long-detained immigrant entitled to bond hearing (access required)

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

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4th Cir.: Court costs not a “penalty” that supports removal (access required)

An immigrant was not rendered ineligible for cancellation of removal based solely on $100 in court costs that he paid after pleading guilty to a misdemeanor. Such costs, which are not discretionary and sometimes are imposed by the court clerk, ...

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EDVA: Due process requires bond hearing for long-detained immigrant (access required)

A Salvadoran immigrant, detained for the past 14 months while he challenges removal, deserves an individual bond hearing to determine whether flight risk or danger to society justifies his prolonged detention. Background Petitioner Jose Rodriguez Portillo first unlawfully entered the ...

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