A Loudoun County general district judge has refused to abide by the high court’s ruling against reopening cases of immigrants who face deportation from criminal convictions. The judge determined to reopen an old case to reconsider the guilty plea of ...

Tagged with: Immigration Supreme Court of Virginia

The 4th Circuit has no jurisdiction to review a Board of Immigration Appeals’ denial of a Salvadoran’s application for asylum and protection under the UN Convention Against Torture, based on his claim that he fears violent persecution by gangs in ...

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

An Alexandria U.S. District Court denies a defendant’s motion under 28 U.S.C. § 2255 alleging he received ineffective assistance of counsel from a lawyer who failed to advise that his guilty plea to criminal charges could lead to deportation; the ...

Tagged with: Immigration Judge James C. Cacheris U.S. District Court - Eastern District

The Supreme Court of Virginia appeared to clear the way Thursday for judges to defer judgment in criminal cases and enter a finding of not guilty even when they find the law and facts sufficient for a finding of guilt. ...

Tagged with: Alexandria Circuit Court Criminal Immigration Judge Lisa B. Kemler Justice Charles S. Russell Justice Donald W. Lemons Justice Lawrence L. Koontz Jr. Supreme Court of Virginia News

A Peruvian’s 1997 Virginia adjudication for marijuana possession pursuant to Va. Code § 18.2-251, in which a judge deferred adjudication and ordered probation, did not count as a “conviction” under a federal immigration statute, 8 U.S.C. § 1101(a)(48)(A), and the ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge Dennis W. Shedd

A Panamanian citizen and permanent U.S. resident who joined the U.S. Army but then was convicted of a drug offense by a military court cannot obtain review of the denial of his motion to terminate removal proceedings, as the 4th ...

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

WASHINGTON – Justices of the U.S. Supreme Court are grappling with issues of gender bias, judicial remedies, and congressional power in a case considering the constitutionality of a law that makes it easier for a child of unmarried parents to ...

Tagged with: Immigration U.S. Supreme Court

An Alexandria U.S. District Court exercises its discretion to remand this naturalization application to the U.S. Citizen and Immigration Service, and denies a writ of mandamus to require adjudication of the application. Title 8 U.S.C. § 1447(b) provides that a ...

Tagged with: Immigration Judge James C. Cacheris U.S. District Court - Eastern District

A Salvadoran national cannot sue under Bivens for alleged injuries from an ICE agent who allegedly assaulted him prior to his removal from the U.S., says an Alexandria U.S. District Court. Defendant argues the Immigration and Naturalization Act precludes this ...

Tagged with: Immigration Judge James C. Cacheris U.S. District Court - Eastern District

In recent months, Arizona has drawn attention for its aggressive approach toward policing immigration status. But take a look at Virginia. Since 2008, localities in the commonwealth have been using arrests for even minor offenses as a chance to check ...

Tagged with: Immigration