Esquivel-Quintana v. Sessions
Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.
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Practice advisory on the Supreme Court’s Esquivel-Quintana decision and its effect on the aggravated-felony sexual-abuse-of-a-minor ground and related crim-imm arguments.
Cal. P.C. § 261.5(c) is not an aggravated felony, but the law may change for the worse on § 261.5(d) Esquivel Quintana v. AG Sessions (May 30, 2017)
This practice advisory is designed to introduce legal workers to the T visa. It outlines T visa eligibility requirements, discusses the advantages of applying for T visas over other forms of humanitarian immigration relief, and analyzes how President Trump's recent executive orders impact T visa applicants.
Few are aware that Congress provided a statutory remedies in 8 U.S.C. § 1229(e)2 that may enable an individual who the Department of Homeland Security (DHS) arrests at certain protected locations to terminate removal proceedings. At a time when DHS enforcement is terrifying immigrant communities, 8 U.S.C. § 1229(e) may provide a potential mechanism to enable noncitizens avoid removal. The advisory discusses the statutory protections, suggests a termination remedy for violations, and addresses se
The immigration statute designates certain types of crimes as “aggravated felonies.” See INA § 101(a)(43), 8 USC § 1101(a)(43). These are the most dangerous type of convictions for a noncitizen. Despite the name, this definition reaches offenses that are neither felonies nor aggravated. It can include selling $10 worth of marijuana, a misdemeanor shoplifting offense with a one-year suspended sentence, or failure to appear at a criminal hearing. The person must be convicted of the offense, not me
Question-and-answer advisory on administrative removal under INA § 238(b), including threshold eligibility, notice issues, and strategy for resisting or mitigating the process.
This Q&A informs lawyers about some of the most important aspects of the December 18, 2008 voluntary departure rules adopted by Executive Office for Immigration Review.
This Practice Tip demystifies mandamus by explaining how and when to ask a court for this remedy when a client has been waiting too long for USCIS to make a decision.
This advisory describes how practitioners with clients whose DACA renewal is outside of processing time or whose biometrics appointment notice is delayed can elevate their cases for resolution with USCIS.
This Practice Tip explains how practitioners can turn a Request for Evidence (RFE) into an opportunity to strengthen the administrative record through a thoughtful and thorough response. It also includes advice about how to review the RFE, prepare the client, assess the evidence, obtain additional evidence, and structure the response. While the immediate goal of an RFE response is to obtain petition approval, building a strong administrative record is crucial if federal court review becomes a mu
The immigration courts’ unprecedented backlogs are creating procedural and substantive challenges for attorneys trying to comply with the One-Year Filing Deadline (OYFD) in asylum cases. This Practice Advisory discusses strategies and procedures for complying with the OYFD.
This Practice Advisory discusses Dent v. Holder, requiring the government to turn over copies of documents in an A-file where removability is contested, and offers strategies for making document requests pursuant to the INA and due process.