Designed by Arca Productions

Subscribe

February 23, 2017

In an unpublished decision on Wednesday, the Fifth Circuit Court of Appeals criticized an immigration attorney in the case of Poscual-Jimenez v. Jeff Sessions, No. 15-60550 (Fifth Cir. Feb. 22, 2017) for filing a brief which was "virtually identical to the brief he filed with the [Board of Immigration Appeals]."  The Court also stated that "the arguments section contains only conclusory assertions and no citations to the administrative record."  Finally, the Court concluded, "Because Poscual-Jimenez has not meaningfully challenged the BIA’s reasoning that he was ineligible for withholding of removal and [Convention Against Torture] protection, he is de...

January 9, 2017

Note: This list is far from comprehensive.  Just stuff we are especially proud of.

     

                                                              ***

8/2019--Affirmative asylum application approved for Iraqi doctor (after successful expedite request).

4/2019--Extraordinary Ability petition (EB-1A immigrant visa petition) approved for composite materials and failure analysis expert in the oil and gas industry (no request for evidence).

1/2019--Extraordinary Ability petition (EB-1A immigrant visa...

December 30, 2016

On December 27, 2016, the Administrative Appeals Office of USCIS issued a new precedent, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), vacating its principal decision on National Interest Waiver adjudications which had prevailed for nearly two decades.  The case involved an aerospace engineering researcher and educator seeking a national interest waiver under the EB-2 category for an individual with an advanced degree.  The Director of the Texas Service Center denied the petition, concluding that a waiver of the job offer requirement would not be in the national interest.

As the AAO explains, an immigrant visa is available in the EB-2 category to...

October 27, 2016

In the continuing saga of Matter of Silva-Trevino, 26 I&N Dec. 826 (BIA 2016), the BIA was again asked to determine whether Texas Penal Code 21.11(a)(1) (indecency with a child) is a crime involving moral turpitude.  This case has had a long history and has been the focal point of the Board's CIMT categorical approach analysis for eight years.  The case has revolved around the difficult questions of how and when to apply the categorical and modified categorical approach.

In Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), the Attorney General created a three-step framework for determining whether any crime of conviction involves moral tur...

October 12, 2016

Murillo-Robles v. Lynch, No. 15-2568 (1st Cir., Oct. 7, 2016) is a case involving the “exceptional circumstances” rescission of an in absentia (with notice) order of removal and provides a study in attorney apathy and incompetence.

Murillo-Robles entered the U.S. as an eleven-year old, having been petitioned by his stepfather.  Two years later he applied to remove conditions from his residency.  Then the circus began.  His first attorney failed to respond to a request for evidence from USCIS and the application to remove conditions was denied.  He was then placed into removal proceedings and requested continuances to adjudicate a second I-751.  That pet...

October 12, 2016

The criminal defendant in United States v. Lara-Martinez, No. 15-41497 (5th Cir. Sept. 6, 2016) was convicted of illegal reentry after previous deportation.  He was charged with a sentence enhancement for the “sexual abuse of a minor” sub-definition of “crime of violence” under U.S.S.G. section 2L1.2 cmt. 1(B)(iii) because of a Missouri conviction of sexual misconduct involving a child.   

Lara-Martinez asserted that his conduct was not categorically sexual abuse of a minor because, he claimed, the Missouri offense does not require that a minor be involved.  He stated this was the case because an of-age peace officer posing as a child suffices...

October 12, 2016

In Matter of Raul Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016), the Board of Immigration Appeals held that the offense of criminal copyright infringement in violation of 17 U.S.C. 506(a)(1)(A) and 18 U.S.C. 2319(b)(1) is a crime involving moral turpitude.  The immigration judge had found the alien removable under INA 212(a)(6)(i) and then pretermitted his application for cancellation of removal for certain nonpermanent residents under INA 240A(b)(1) because, the IJ alleged, his conviction for “reproducing and distributing infringing copes for commercial advantage or private financial gain” was a CIMT.  The case does not explain the facts underlying the...

September 12, 2016

In United States of America v. Felix Uribe, No. 15-51223 (5th Cir., Oct. 3, 2016) (published), the question before the Fifth Circuit was whether a conviction for Texas burglary (Tex. Penal Code 30.02(a)) is a "crime of violence" under U.S. Sentencing Guidelines Section 2L1.2.  The Court had previously held that it was in United States v. Murillo-Lopez, 444 F.3d 337 (5th Cir. 2006) (though the Court does not point out that case involved California burglary), but sought to determine whether the U.S. Supreme Court's decision in Mathis v. United States, 136 S.Ct. 2243 (2016), changed that outcome of that decision.  The Court held held that it did not....

September 4, 2016

***This post is addressed to attorneys and was originally submitted as a guest blog to the State Bar of Texas***

David is a foreign lead engineer for a major oil and gas company.  His successful U.S.-based career has followed a familiar path: perhaps he attended an American university on an F-1 visa, took advantage of Optional Practical Training to get his foot in the door with a great company, and was lucky enough to get sponsored for an H-1B (not an easy proposition these days).  David’s star is rising fast.  But as he climbs, he also approaches a black hole: his days on an H-1B or an L visa are numbered, and when he reaches the limit, he may have no...

August 31, 2016

 ​​

There are a lot of good attorneys in the immigration bar, but there are many who should be avoided at all costs.  At Sheridan Green Law PLLC, we file a lot of complaints with the state bar against other immigration attorneys, and we hear the same heartbreaking stories from clients over and over again.  Moreover, the consequences of getting a bad apple in immigration law can negatively alter the course of your life or even place you or your loved ones in serious danger.

Based on our experiences, we have come up with a list of warning signs.  If you see any of these signs, beware. If you see multiple, or all of these red flags, run.

1.  The attorne...

Please reload