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Biden is president. I want to apply for DACA. What do I do?

In the last week, I have received this inquiry by phone, email and internet contact form. People, citizens and non-citizens, are excited by the end of Trump-era anti-immigrant policies and optimistic about President Biden’s changes. As I’ve…
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End to the Muslim Travel Ban

Jersey City, New Jersey – The Biden administration came out of the gates quickly with several executive actions and policy directives in the first few days after taking the oath of office. These policies include putting an end to the Muslim…
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The Attorney General Declared that Immigration Judges do not have Authority to Administratively Close Removal Proceedings.

Jersey City, New Jersey – Among the many headline-seeking anti-immigrant actions during the Trump administration was the Attorney General’s decision in Matter of Castro-Tum, in which the Attorney General declared that immigration judges…
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The Board of Immigration Appeals (“BIA”) Decided Matter of O-M-O

Jersey City, New Jersey – On January 8, 2021, the Board of Immigration Appeals (“BIA”) decided Matter of O-M-O by holding, “An immigration judge may find a document to be fraudulent without forensic analysis or other expert testimony…
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Marriage Fraud and Immigration Law

Jersey City, New Jersey – Marriage fraud is one of the most serious offenses a person can commit under immigration law. A person found to have committed marriage fraud is forever and irrevocably ineligible for any visa, immigrant or non-immigrant.…
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The Particularly Serious Crime (“PSC”) bar to asylum has existed since the 1950s.

Jersey City, New Jersey – Amongst the many new rules imposed by the Trump administration in its efforts to make asylum available to as few people as possible, are rules limiting eligibility for persons convicted of crimes. Several rules have…
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Deferred Action for Childhood Arrivals, Also Known as DACA, is Reinstated in its Original Format

Jersey City, New Jersey – As of December 4, 2020, Deferred Action for Childhood Arrivals, also known as DACA, is reinstated in its original format and available to anyone who qualifies regardless of whether s/he has ever been granted DACA…
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United States Supreme Court agreed to hear Lange v. California

Jersey City, New Jersey – On October 19, 2020, the United States Supreme Court agreed to hear Lange v. California, to determine whether it is permissible for a police officer to pursue a suspect of a misdemeanor offense into that person’s…
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Third Circuit Court of Appeals decided U.S. v. Portanova.

Jersey City, New Jersey – ­On October 4, 2019, the Third Circuit Court of Appeals decided U.S. v. Portanova. Though this case was an appeal of a criminal sentencing, the court’s holding has the potential to affect immigration law because…
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Third Circuit Court of Appeals in Sathanthrasa v. Attorney General

Jersey City, New Jersey – Immigration law is complicated. The nuances are subtle and never-ending. But they are also critical. A recent decision by the Third Circuit Court of Appeals in Sathanthrasa v. Attorney General illustrates these points. Sathanthrasa…
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Immigration and Nationality Act Section 236(c)

Jersey City, New Jersey – There is a provision in immigration law, Immigration and Nationality Act Section 236(c), requiring certain individuals to be detained without bail while removal proceedings are heard in the immigration court. Sometimes…
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Cabeda v. Attorney General, decided by the Third Circuit Court of Appeals on August 18, 2020

Jersey City, New Jersey – The Categorical Approach is a commonly misunderstood and misapplied body of law that frequently results in strange or undesirable outcomes. In the immigration context, the categorical approach requires comparing the…
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United States Supreme Court issued a major decision in Nasrallah v. Barr

Jersey City, New Jersey – On June 1, 2020, the United States Supreme Court issued a major decision in Nasrallah v. Barr holding the federal courts may review factual findings in Convention Against Torture cases. Prior to this decision, only…
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Third Circuit Court of Appeals decided Ricardo Javier Blanco v. Attorney General United States of America

Jersey City, New Jersey – On July 24, 2020, the Third Circuit Court of Appeals decided Ricardo Javier Blanco v. Attorney General United States of America, Docket No. 19-3658, reversing the Board of Immigration Appeals order of removal because…
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Temporary Protected Status

Jersey City, New Jersey – In a disappointing decision on July 22, 2020, the Third Circuit Court of Appeals ruled a grant of Temporary Protected Status (“TPS”) is not an “admission” under immigration law. The impact of this decision…
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A recent decision from the Fourth Circuit Court of Appeals

Jersey City, New Jersey – I often tell clients it is impossible to know how a judge, jury or panel of judges will react, think or decide a case. Even where it appears the law is on our side, the decision may go against us. Similarly, sometimes…