Justia Immigration Law Opinion Summaries

Cen, a Chinese national, was 19 when her mother married a U.S. citizen in China. After obtaining her K-4 visa and moving to the U.S. with her mother, Cen sought to adjust her status; her stepfather filed an I- 130 petition on her behalf. Cen’s application was denied because Cen was 19 when her mother married and could not be deemed her stepfather’s “child” under 8 U.S.C. 1101(b)(1)(B). After becoming a lawful permanent resident, Cen’s mother filed an I-130 petition on Cen’s behalf, which was approved. Cen again applied for adjustment of status. She was denied because the Regulation specifies that a K-4 child’s I-130 petition must be filed by “the same citizen who petitioned for the alien’s parent’s K-3 status,” i.e., the U.S. stepparent. 8 C.F.R. 245.1(i). The government opened removal proceedings against her for overstaying her original K-4 visa. The BIA upheld an IJ’s determination that Cen was not entitled to relief. The Third Circuit reversed, stating that immigration laws may be labyrinthine, but should not “offer older K- 4 children nothing more than a legal dead end.” The court joined the Seventh Circuit in holding that 8 C.F.R. 245.1(i) is invalid because it “essentially reverses the eligibility structure set out by Congress.” View "Cen v. Attorney General of the United States" on Justia Law

Orozco-Velasquez, a Guatemalan citizen, arrived in the U.S. in 1998-1999 without being admitted or paroled. In 2008, he was served with a notice to appear (NTA) before an IJ, noting that the date and time of removal proceedings were “to be set.” In 2010, he received another NTA, sent to correct the address. Five days later, April 12, 2010, he was served with a Notice announcing the date and time of removal proceedings. On May 14, 2010, Orozco-Velasquez sought cancellation of removal on the ground that his removal would result in “exceptional and extremely unusual hardship” to his mother, and moved to terminate removal proceedings, arguing that the 2010 NTA effectively superseded the 2008 NTA, so that he did not receive proper notice until after he had resided in the U.S. for a continuous ten-year period, 8 U.S.C. 1229(a)(1)(G)(i). The IJ ordered him removed. The BIA dismissed an appeal. The Third Circuit vacated. In requiring that an “alien [be] served a notice to appear under section 1229(a)” to suspend his accrual of continuous residency, 8 U.S.C. 1229b(d)(1) compels government compliance with each of section 1229(a)(1)’s NTA requirements. The government may amend and supplement its initial NTA; but to cut off an alien’s eligibility for cancellation of removal, it must do so within the 10 years of continuous residence. View "Orozco-Velasquez v. Att'y Gen. of the United States" on Justia Law

Singh, a citizen of India, was granted asylum in 1993, and adjusted to lawful permanent resident status in 1994. In 2000, Singh was convicted of conspiracy to counterfeit passports, counterfeiting and using visas, and mail fraud, 18 U.S.C. 371; unlawful possession of forged, counterfeited, altered, and falsely-made non-immigrant U.S. visas, 18 U.S.C. 1546. Singh departed the U.S. and re-entered in 2003. In 2009, he applied for admission as a lawful permanent resident. He was instead detained and served with a notice of removal charging him as inadmissible because he had committed a crime involving moral turpitude: his 2000 counterfeiting conviction. Singh appeared before the Immigration Court, acknowledged proper service, admitted all of the factual allegations, and conceded the sole charge of removability. Singh sought cancellation of removal, and indicated that he would not be seeking any alternative forms of relief. The IJ denied Singh’s application because Singh had not accrued the requisite seven years of continuous residence required by 8 U.S.C. 1229b(a). The BIA affirmed. The Third Circuit denied a petition for review. Singh’s continuous residency clock stopped in 2000 when he committed his crime involving moral turpitude and could never re-start. View "Singh v. Attorney Gen., United States" on Justia Law