Detained and Not Eligible to File Any Applications With the Judge to Remain in the U.S.? Think Again!

Danielle Claffey Blog Leave a Comment

Immigration Court can be a very tricky proceeding, made even more complicated when an individual is detained.  Typically when someone is detained, in order to obtain a bond from a judge, move forward in court, or have a case reopened, a detainee must be eligible to file an application seeking a green card, asylum, or some other permanent form of …

BIA on Application of the Modified Categorical Approach to Conviction Assessment

Kuck Immigration Partners Blog Leave a Comment

Another bad decision issued by the Board of Immigration Appeals, February 19, 2010 — more often in recent months the Department of Homeland Security is trying (successfully sometimes) to go behind a state court’s conviction records to sustain removability charges against an individual in immigration proceedings. Obviously the line between federal and state is becoming very blurred, and it seems …

The “New” Standard for Voluntary Departure–Stay in Jail AND Pay Your Own Ticket Home!

Kuck Immigration Partners Blog Leave a Comment

Matter of M-A-S, 24I&N Dec. 762 (BIA 2009), a new case was decided by the Board of Immigration Appeals (“Board”) on March 19, 2009, holds that, “[a]n Immigration Judge may order an alien detained until departure as a condition of a grant of voluntary departure”. In this case, the respondent was denied his claim for asylum and as a condition …