Archive for January, 2012

Ninth Circuit panel creates an intra-circuit split in Oshodi v. Holder

Sunday, January 29th, 2012

On January 26, 2012, the Ninth Circuit filed a decision, Oshodi v. Holder, which seems to have reversed another Ninth Circuit case, Ren v. Holder, filed on August 19, 2011.    The issue in the case was corroboration of testimony in an asylum, withholding, and Convention Against Torture case. These are cases where people ask to stay in the United States because they are afraid to go home – either because they fear persecution on account of their race, religion, political…

What if she was a foreigner?

Sunday, January 22nd, 2012

Etta James Blues, rhythm and blues, rock and roll, soul, gospel and jazz singer, Etta James, who died on January 20, 2012, had she been a foreigner, would not have not been welcome on American shores and would have faced removal. Reports are that she suffered throughout her life with heroin addiction. She was in the Tarzana Rehabilitation Center in Los Angeles in the early 1970’s and the Betty Ford Center in Palm Springs in the late 1980’s, this time…

Striving to decipher INA § 212(a)(9).

Monday, January 16th, 2012

An amazing thing about immigration law is that hot topics can be issues that have been festering for years and one would imagine would have been resolved by now. For example, the Supreme Court recently decided a case, Judulang v. Holder, a very important decision about 212(c), a relief statute that disappeared fifteen years ago and involves principally the right to seek forgiveness for  illegal conduct or convictions that took place before it disappeared. The issues in the case have…

USCIS to ameliorate situation for some impacted by the 3 and 10 year bars.

Sunday, January 8th, 2012

In the jargon-rich world of immigration law, an important new phrase came out of amendments to the immigration law in 1996, the 3 and 10 year bars. What these bars say is that if a person accrues more than180 days of unlawful presence in the United States and departs he or she cannot return to the United States for 3 years. If the person accrues a year or more of unlawful presence, this person cannot return for 10 years. A…