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…

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,…

Mark Wahlberg Recently I stumbled upon a news item on a Boston Fox News website about a Cambodian teenager that immigration officials released because he could not be deported to his homeland. He had been convicted and punished for his crime, stabbing and beating to death of a teenage girl eleven years ago. After serving his time for the crime, Immigration and Customs Enforcement (ICE) was going to deport him, but when it could not, he was released from detention under…

I have written several times, here, here, and here  about the visa waiver program, similar to how most Americans visit other countries – without visas for short stays, and the ability to adjust status — that is, become a United States citizen. The issue involved is as follows: