Bibi Alli & Matthew Blaisdell The categorical analysis seeks to determine if a state offense (that the noncitizen was convicted of) matches a federal offense (providing immigration consequences); each element of the state offense is compared to the generic definition of the federal offense. If the two do not match, the consequences do not apply. This strict…
Bibi Alli & Matthew Blaisdell In our previous post we examined the highly abstract concept, known as the categorical analysis, used to determine how immigration consequences may be triggered by criminal convictions. In this post we’ll see how that played out in a recent case. Our client was convicted of violating Virginia code section 18.2–248.1, “Penalties…
Bibi Alli & Matthew Blaisdell Noncitizens charged with criminal conduct may have their ability to enter or remain in the U.S. severely limited, particularly since the passage of the Illegal Immigration Reform and Immigration Responsibility Act (IIRIRA). As we’ve previously explored (here and here), much depends on how the conduct is classified: e.g. whether it…
Franz Kafka, Man at a Table, Illustration For The Novel The Trial, 1905. Bibi Alli & Matthew Blaisdell Backlogs and delays have become common roadblocks in the U.S. immigration system, overburdening the courts and agencies. What to do, though, when the agency’s delay is used to justify a denial? While the Administrative Procedures Act (APA)…
Christian Ludwig Bokelmann, In the Courtroom, 1883. Bibi Alli & Matthew Blaisdell Criminal defendants must understand the consequences of their pleadings: which change over time. A prior conviction can cause trigger removal (deportation) if it “categorically” matches certain categories of offenses under the Immigration and nationality Act (INA). Two of the broadest of these categories…
Bibi Alli & Matthew Blaisdell Department of Homeland Security v. Thuraissigiam addressed whether the expedited removal statute [at 8 U.S.C. § 1252(e)(2)], which severely limits federal review of orders of expedited removal, violates a noncitizen’s right to seek a writ of habeas corpus under the U.S. Constitution’s Suspension Clause. Mr. Thuraissigiam’s writ sought release from…
Bibi Alli & Matthew Blaisdell In a 5-4 decision in The Department of Homeland Security v. Regents of the University of California, the U.S. Supreme Court ruled that the government’s decision to rescind DACA was arbitrary and capricious, and therefore violated the Administrative Procedures Act (APA)––meaning that DACA will remain in effect for the foreseeable…
Bibi Alli & Matthew Blaisdell In the Department of Homeland Security v. Regents of the University of California, (we’ll refer to it here as “DHS vs. California”) the Supreme Court of the United States will either vacate the Trump Administration’s rescission of the Deferred Action for Childhood Arrivals program (DACA) or find that the rescission…
J.M.W. Turner, Pembroke Caselt, Sough Wales, Thunder Storm Approaching, 1801. Foreign workers present in the U.S. pursuant to ‘specialty occupation’ visas are subject to very specific requirements governing their wages and conditions of employment. (While each of the H-1B, H-1B1, and E-3 classifications fall under the ‘speciality occupation’ umbrella, for ease we will just refer…
J.M.W. Turner, Dawn after the Wreck, 1841. In 1996, Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), at 8 U.S.C. § 1611, limited eligibility for “federal public benefits” to “qualified aliens,” a group that primarily includes lawful permanent residents (green card holders), asylees, refugees. Those without any immigration status are…