4th Circuit Affirms Blocking of Trump Executive Order on Refugees

Today, January 8, 2021, the US Court of Appeals for the 4th Circuit affirmed the preliminary injunction of the Maryland US District Court blocking the President’s Executive Order 13,888 attempting to create an “opt-in” system requiring that both a state and a locality provide their affirmative consent before refugees will be resettled there, thereby substantially burdening and blocking the settlement …

Re-Starting DACA – Filing as a Dreamer!

Thanks to recent court action, those who are eligible under the original DACA rules can now file new applications, despite the President’s executive order attempting to terminate the program. To do so, forms I-821, I-765, I-765WS must be filed with a $495 filing fee to the appropriate address. Substantial documentary evidence of eligibility must also be provided or the application …

4th Circuit Further Defines Family Asylum Group

A comprehensive decision, Sandra Hernandez-Cartagena v. William Barr (https://www.ca4.uscourts.gov/opinions/191823.P.pdf) by the 4th Circuit overturning and remanding a denial of asylum by an immigration judge, affirmed by the Board of Immigration Appeals (BIA), affirms the legitimacy of a family unit as an appropriate social group for asylum protection. The Fourth Circuit found that the BIA’s decision denying the asylum claim was …

Trump administration has put DACA applications ‘on hold’ despite Supreme Court ruling restoring program

Trump administration officials said during a federal court hearing Friday that they have not “granted nor rejected” any applications for a program designed to protect young undocumented immigrants from deportation, but rather have put them “on hold” as the government discusses the future of the program. The virtual hearing in the U.S. District Court in Maryland was the first time …

H-1B Statutes Are Carefully Crafted to Be Misleading to the Casual Reader

The H-1B statutes are lobbyist-written and carefully crafted to be misleading to the casual reader. The “prevailing wage” is one area where there has been great confusion; in particular H-1B wage levels. The H-1B wage or skill levels are entirely a bureaucratic creation that have no relation to the job market. The article published in the journal The Immigration Post, …

Unable to Depart US Due to Pandemic? Avoid Overstay!

Request “Satisfactory Departure” Were you admitted to the United States under the Visa Waiver Program (VWP)? —>  There is no provision of law that would allow you to extend your stay. However, if you are unable to depart before their current period of admission expires due to exigent circumstances, there is an option to request relief in the form of …

4th Circuit Finds Domestic Violence can be Legitimate Asylum Claim

The Fourth Circuit issued a published decision (which means it has precedential value which must be followed by judges within the 4th Circuit) which finds a claim of asylum based on the Salvadoran government’s inability to protect a woman from domestic violence is a proper basis for a grant of asylum. The Case, (Ruth Jeanette Orellana v. William Barr (http://www.ca4.uscourts.gov/opinions/181513.P.pdf) , was …

Virginia Law Criminalizing Gang Activity Not Categorically a CIMT

 On July 19, 2019 the US Fourth Circuit Court of Appeals issued its decision finding that the Virginia offense of participating in criminal street gang activity is not categorically a crime involving moral turpitude. The Virginia statute,  Va. Code § 18.2-46.2(A), which prohibits participation in a criminal street gang, is as follows: Any person who actively participates in or is a member …

Immig Judges’ Authority to Administratively Close Restored

The US Fourth Circuit Court of Appeals has restored Administrative Closure as an inherent power of Immigration Court judges, effectively overruling the current administration’s attempt to preclude this standard procedure.  This tool permits adjudication of pending applications by temporarilly suspending immigration court proceedings. This is a very good decision for persons in immigration court proceedings because when there is potential …