Skip to main content

Posts

Showing posts from April, 2023

Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023)

Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023)  Matter of CANCINOS-MANCIO, 28 I&N Dec. 708 (BIA 2023) - Under the modified categorical approach, an Immigration Judge may consider the transcript of a plea colloquy in determining the factual basis of a plea. "The transcript of the respondent’s change of plea hearing demonstrates that the factual basis for the respondent’s amended plea was for an aggravated assault with a deadly weapon under section 13-1204(A)(2) of the Arizona Revised Statutes, in which the underlying assault was committed by intentionally placing another person in reasonable apprehension of imminent physical injury under section 13-1203(A)(2). The respondent contends that this offense does not require the level of force necessary to constitute a crime of violence pursuant to 18 U.S.C. § 16(a). The Ninth Circuit, however, has held that a conviction for aggravated assault under sections 13-1203(A)(2) and 13-1204(A)(2) of the Arizona Revised Statutes

Matter of GARCIA, 28 I&N Dec. 693 (BIA 2023)

  Matter of GARCIA , 28 I&N Dec. 693 (BIA 2023) For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified. Link to Decisions. 

Martindale-Hubbell® 2023 Client Champion

From Martindale-Hubbell April 17, 2023: Congratulations Joseph B. Caraccio, you've been awarded an impressive professional compliment...2023 Client Champion Silver! Martindale-Hubbell® has recognized you as a 2023 Client Champion Silver...what an accomplishment. Well Done! Your Client Champion rating is proof of excellent client reviews - the ultimate referral by those who matter the most...a tremendous endorsement by your clients. Hanging on your wall, placed on your desk, on display in your waiting area and on your letterhead it's sure to impress. Your awards set you apart from all the competition. They validate. They build confidence and trust. They grow your business! Put them on display now and show your customers just how good you are. See five star reviews from clients at Martindale-Hubbel 

ICE ANNOUNCES ONLINE TOOL FOR CHANGE OF ADDRESS

 The United States Immigration and Customs Enforcement (ICE) agency has announced an online change-of-address form for noncitizens, giving them the option to update their information online in addition to the existing options of doing so by phone or in-person. On Friday April 13, 2023, during a press conference announcing this tool an ICE Spokesperson stated, “It will enable noncitizens to comply with their immigration obligations more easily and improve the accuracy of address information reported to ICE by utilizing address autofill to ensure US Postal Service standardization,”  The immigration enforcement agency said the new tool will be deployed in a rolling release, with full availability anticipated in the coming weeks. ICE deputy director and senior official performing the duties of the director Tae D Johnson stated the following: This is another critical innovation to improve compliance with immigration obligations and increase the efficiency of the process. The

DETERMINING WHETHER CHILDREN BORN OUTSIDE THE U.S. ACQUIRED CITIZENSHIP AT BIRTH

 

Naturalization Test Redesign

Naturalization Test Redesign Friday, April 28, 2023 | 2-3 p.m. Eastern U.S. Citizenship and Immigration Services (USCIS) is holding a "national engagement" on Friday , April 28 , 2023 , from 2 - 3 p.m. Eastern , to allow people to, "learn more about the nationwide trial tests for the naturalization test redesign initiative." This is according to an email sent out by USCIS on April 11, 2023. 

ICE announces online tool for noncitizens to provide change of address

New tool offers convenient, reliable option for noncitizens to update address information as they await immigration court proceedings. When fully live, the new tool may be used by any noncitizen to change their address with ICE online instead of calling the telephone line or going to a field office. To process an online change-of-address, the system requires a full name, A-number and validated non-commercial address. It takes approximately one minute to complete the form. All noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of moving. Announced April 6, 2023 Learn more at the ICE website or read the ICE Press Release .