Where the wholly-owned subsidiary of a China-based company petitioned to permanently employ foreign citizen as a general manger, but the statute required a detailed list of the job-related tasks that the man has performed or will perform, and the submission ...

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

Where an applicant alleged the United States Citizenship and Immigration Services, or USCIS, was arbitrary and capricious when it allegedly delayed and ultimately denied her applications, the agency was granted summary judgment. Its decisions bore a “rational connection” to the ...

Tagged with: Immigration Judge Rossie D. Alston Jr. U.S. District Court - Eastern District

Where the petitioner was deported in 2006 because he allegedly committed an aggravated felony, but the Supreme Court held in 2018 that the type of offense he committed no longer qualified as an aggravated felony, and the petitioner moved to ...

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

Where two citizens of Ghana were divorced pursuant to Ghanaian customary law, Virginia would recognize that divorce, although neither person was present nor domiciled in Ghana at the time. Background Barbara Boateng and Kingsley Kwame Gyasi — both Ghanaian citizens ...

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

Where the Board of Immigration Appeals determined a native and citizen of Mexico was ineligible for cancelling his removal because he had been convicted of identity theft under Virginia law, and that was a crime of moral turpitude, it did ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Albert Diaz

Where a nonresident applied for conditional permanent residence in the United States, and submitted an affidavit of support from her spouse as required by the regulations, but the spouse then withdrew the affidavit, the Board of Immigration Appeals did not ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Albert Diaz

Where the petitioner was deported in 2006 because he allegedly committed an aggravated felony, but the Supreme Court held in 2018 that the type of offense he committed no longer qualified as an aggravated felony, and the petitioner moved to ...

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

Where a petition seeking review of a negative asylum decision was filed one day too late, it was dismissed. Although the petitioners argued that, because the Board of Immigration Appeals, or BIA, served the order by mail, Federal Rule of ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Allison Jones Rushing

Where an immigrant from El Salvador failed to show that she was persecuted on account of her membership in a particular social group, the Board of Immigration Appeals, or BIA, did not err in denying her petition for asylum or ...

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

Where the petitioner was required to demonstrate that he was lawfully admitted to the United States, but he had been previously deemed inadmissible to the United States because of a prior conviction for embezzlement, he failed to meet his burden ...

Tagged with: Immigration Judge Claude M. Hilton U.S. District Court - Eastern District