Immigration Law

Decision

Sanchez v. Holder

  •      
    • Subscription Required
Monday, October 8, 2012

An immigration judge can find that a marriage is not bona fide, as a result of alleged inconsistencies in the evidence about when and where the married couple resides. Prior to entering the U.S., Maria Sanchez, a citizen of Peru, married Cesar Rafael, and they had three children and divorced.

News

Documentation Vital In Application For Temporary Visas

  •      
    • Subscription Required
Friday, October 5, 2012  |  by KAREN ALI

Connecticut immigration lawyers are using bank documents, school records and even junk mail to help young clients prove they meet requirements for a new program that grants temporary visas.

Decision

Gega v. Holder

  •      
    • Subscription Required
Monday, October 1, 2012

A petitioner's claim that he possesses a well-founded fear of future persecution can be undercut, if other members of the petitioner's family remained in his country without harm, after his departure.

Decision

Obando-Flores v. Holdner

  •      
    • Subscription Required
Monday, September 24, 2012

The government can rebut the presumption of a well-founded fear of future persecution, if the government proves a fundamental change in circumstances in the petitioner's country, pursuant to 8 Code of Federal Regulations §1208.13(b)(1).

Decision

Dharmaratne v. Holdner

  •      
    • Subscription Required
Monday, September 3, 2012

An immigration judge can find that a petitioner who alleges that he has been subjected to threats lacks credibility as a result of alleged inconsistencies between the asylum application, asylum interview and hearing testimony.

Decision

Lemus-Cruz v. Holder

  •      
    • Subscription Required
Monday, August 20, 2012

"Any alien who has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States . . . is inadmissible," pursuant to 8 United States Code §1182(a)(9)(B)(i).

Decision

Santos v. Holder

  •      
    • Subscription Required
Monday, August 13, 2012

An egregious constitutional violation will activate the exclusionary rule in immigration deportation proceedings, if, for example, police engage in racial profiling and pull over an immigrant because of his race.

Decision

Koffi v. Holder

  •      
    • Subscription Required
Monday, July 30, 2012

A former attorney's conviction on charges of arranging fraudulent marriages can qualify as "substantial and probative evidence" of an applicant's conspiracy to enter into a marriage to evade U.S. immigration laws.

Employment & Immigration Special Section

  •      
    • Subscription Required
Monday, July 23, 2012

Employment & Immigration Law

Decision

Banda v. Holder

  •      
    • Subscription Required
Monday, July 23, 2012

"The agency's findings of fact are ?conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary,' " pursuant to the 2nd Circuit's 2010 decision, Castro v. Holder, and 8 United States Code §1252(b)(4)(B).