While immigration is often in the news, the nitty gritty of immigration law, which I write about in this blog, is not. Now, the nitty gritty is in the news with the raging debate about VAWA (Violence Against Women Act). The Republican House of Representatives seeks to modify the current version of VAWA, or the package of laws and amendments that make up the protections for battered people (VAWA does not just apply to women, but to all battered spouses…

According to INA § 212(a)(6)(C)(ii)(I), “[a]ny alien” who makes a false claim to United States citizenship “for any purpose or benefit under this [Immigration and Nationality] Act or any Federal or State law is inadmissible.  There is no waiver to this ground of inadmissibility, thus making it a permanent bar to admission to the United States. According to INA § 212(a)(9)(C)(i)(I), “[a]ny alien”  person who has accrued more than a year of unlawful presence, departs, and then comes back, or…

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…

A few times I have written about what appeared to me to be an Immigration and Customs Enforcement policy of taking aliens out of the United States without the aliens availing themselves of their right to see an immigration judge by providing false information about the consequences staying and fighting a case as opposed to leaving. I learned of this through speaking to many aliens and family members of aliens who experienced this. This modus operandi was confirmed by a…