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

Where an immigration judge determined that an imprisoned father did not have physical custody of his child for purposes of the Child Citizenship Act, that decision should have been reviewed de novo by the Board of Immigration Appeals. Background Howard ...

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

An immigrant facing possible deportation caught a break March 12 when the Court of Appeals of Virginia reversed his two felony convictions for obstruction of justice based on threats to both a prosecutor and a police officer. While condemning threats ...

Tagged with: Immigration Virginia Court of Appeals News

Where the plaintiff failed to disclose the existence of her child during her initial visa application process and subsequently testified that she had never given false information or documentation to a U.S. official during her naturalization interview, she was unable ...

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

While the question of whether a government would acquiesce in torture is a question of fact for jurisdictional purposes, for purposes of an appeal, it is a mixed question of law and fact that is subject to de novo review. ...

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

The likelihood that a former gang member would be tortured if removed to his home country because of his gang-related tattoos depended on the total risk of torture posed by rival gangs, anti-gang vigilantes and police forces in the aggregate. ...

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

The Roanoke-based Woods Rogers law firm and an associate at the firm have been sued by a fledgling country music band claiming the firm’s “catastrophic errors” in visa applications has forced the band to start its career over in Europe. ...

Tagged with: Immigration

A temporary ex parte custody order did not qualify as a state court custody order sufficient to meet the requirements necessary for plaintiff to obtain special immigrant juvenile status. Background Under 8 U.S.C. §1101(a)(27)(J), immigrant children may become lawful permanent ...

Tagged with: 4th U.S. Circuit Court of Appeals Immigration Judge A. Marvin Quattlebaum Jr.

A man born in El Salvador failed to establish that gangs harassed him on account of his father’s disabilities. At most, the record showed the gangs threatened him because he would not join their ranks. However, flight from gang recruitment ...

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

A man convicted of felony abduction in 2012 won vacation of a removal order based on the court’s finding that he was admitted to the United States in 2002, and the felony removal statute requires the crime be committed within ...

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