Archive for November, 2011

New memo thwarts common immigration judge ploy to stop the asylum clock

Saturday, November 26th, 2011

After changes in immigration law in 1995, when an alien applies for asylum, he or she can only obtain a document from USCIS authorizing him or her to work if his or her asylum case is pending more than 180 days. The immigration court maintains an “asylum clock” to calculate how long a case has been pending. Like everything else in the law, the issue becomes the definition of the words, in this case, “pending,” and like everything else in…

Yet another look at Matter of Silva-Trevino, this time through a Rosas colored glasses.

Sunday, November 6th, 2011

Today I write again on a technical matter, discussing the case, Matter of Silva-Trevino, again. As you may recall from writings  here and here  and here, in this case, the then-attorney general, Michael Mukasey, issued a decision deviating from the prevailing law regarding what an immigration judge may consider in determining whether someone committed a crime of moral turpitude. This is important because depending on the number of such crimes, when they were committed, and the severity of the sentence,…