• Liao v. Attorney Gen. U.S.A.

    Publication Date: 2018-12-25
    Practice Area: Family Law | Immigration Law
    Industry: Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1562

    The Bureau of Immigration Appeals erred in concluding that petitioner was subject to removal due to his Pennsylvania conviction for endangering the welfare of a child because comparing the Pennsylvania statute to the offense of "child abuse" under the Immigration and Nationality Act showed the elements of the two statutes did not match and the statute under which petitioner was convicted did not fit within the definition of "child abuse" under §1227(a)(2)(E)(i) and there was no need to conduct a probability inquiry. Petition granted.

  • Salmoran v. Attorney General of the U.S.A.

    Publication Date: 2018-12-10
    Practice Area: Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1480

    Petitioner challenged the Board of Immigration Appeals' finding that he committed both an aggravated felony and the crime of child abuse when he was convicted under 2C:24-4(b)(5)(b) of the New Jersey statutes for possession of child pornography and the court found that the statute of conviction did not constitute an aggravated felony but did constitute the crime of child abuse and petitioner could apply for cancellation of removal. Petition granted in part and denied in part.

  • Commonwealth v. Velazquez

    Publication Date: 2018-11-13
    Practice Area: Criminal Law | Immigration Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Wagner
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1340

    Where the record clearly demonstrated that the course of action chosen by defense counsel had no reasonable basis to effectuate defendant's interest, including avoiding deportation, defendant's plea entered upon counsel's advice was not knowing and voluntary. The court granted defendant's petition for post-conviction relief.

  • Saravia v. U.S. Attorney General

    Publication Date: 2018-10-16
    Practice Area: Immigration Law
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Fuentes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1243

    Board of immigration appeals erred in failing to follow precedent set by the court and in affirming an immigration judge's denial of petitioner's application for withholding of removal because immigration judge failed to provide petitioner with the required notice and opportunity to provide corroboration. Vacated.

  • Wang v. Attorney Gen. of the U.S.

    Publication Date: 2018-08-14
    Practice Area: Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Nygaard
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0959

    Board of immigration appeal's decision that petitioner was convicted of an aggravated felony was remanded because petitioner was convicted of making a false report in violation of 7 U.S.C. §6(b(a)(1)(B) and §13(a)(2). Remanded.

  • City of Philadelphia v. Sessions

    Publication Date: 2018-06-26
    Practice Area: Immigration Law
    Industry: Federal Government | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0755

    U.S. Attorney General enjoined from denying federal grant funds for city's purported refusal to comply with immigration-related conditions where such statutory compliance requirement ran afoul of the anticommandeering doctrine. Judgment granted to plaintiff.

  • Bonilla v. Sessions

    Publication Date: 2018-06-12
    Practice Area: Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0681

    Petitioner, an illegal alien, failed to demonstrate that his due process rights were violated where an immigration judge reviewed a negative reasonable fear determination without his counsel present in the absence of any regulations investing him with a right to counsel at a review hearing. The court denied an illegal alien's petition for review of a negative reasonable fear determination

  • U.S. v. Aguilar-Lopez

    Publication Date: 2017-12-19
    Practice Area: Immigration Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1831

    Court denied defendants motion to dismiss his indictment for unlawfully reentering the United Sates because, despite defend-ants contention that his 2008 deportation order was fundamentally unfair based on an allegedly unknowing, unintelligent and involuntary waiver of rights, he provided no support for his argument that the inclusion of complex legal terms invalidated the stipulated request, he was informed that he had the right to an attorney and he stated that he did not fear persecution if returned to El Salvador and was not s

  • City of Philadelphia v. Sessions

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Government | Immigration Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-1778

    Court found that Philadelphia could certify that it was in substantial compliance with 8 U.S.C. §1373 and enjoined the U.S. attorney general from denying the citys Byrne justice assistance grant for FY 2017 because the conditions imposed by the attorney general were issued without appropriate authority under the APA. Injunction granted.