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sample bia appeal brief asylum

Immigration: BIA: Subm. 2023 Immigration Equality. Substantial evidence supports the agencys adverse credibility determination. WebAmici curiae are thirty-five former immigration judges and members of the Board of Immigration Ap-peals (BIA or Board).2 Amici curiae have dedicated their careers to the immigration court system and to upholding the immi-gration laws of the United States. Ct. Aug. 13, 2020), , post-conviction relief, NYPL 440.10(1)(h), arbitrary and capricious. 381 0 obj <>stream All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. Because asylum cases are very resource and labor intensive, NIJC typically The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. All correspondence to the BIA must include a certificate of service to the Office of the Chief Counsel. Be aware that BIA Attorney 2017) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. WebIf the system says that the immigration judge ordered removal, and you already had your individual hearing, that most likely means the judge made a negative decision on your asylum case. When there is an appeal pending before the BIA, it can consider United States Court of Appeals Fifth Circuit FILED April 25, 2023 \)0-%3'; Q^UphMUvm~R=193:F&[~@'@4U{eUn"Wy@qBDM_;q`E. WebEnding Immigration Detention; COVID-19 Advocacy; Due Process; Pregnant Women in Detention; Access to Medical and Mental Health Care; Prolonged Detention; Access to WebAnnotated Sample Notice of Appeal to the BIA Immigration Justice Campaign The first step in appealing an immigration judge's decision to the Board of Immigration Appeals The Board of Immigration Appeals (BIA) had jurisdiction to hear this case pursuant to 8 C.F.R. WebThe Practice Manual is clear about the BIAs expectations of appeal briefs. An official website of the United States government. Where, as hb```f``d`d`aa@ & dah`xQJDh3VZ^ Z$SY ]AU@. 76 0 obj <>stream Contact campaignwebsite@immcouncil.org for additional iXJ{+ kIax&. 1%+@1(> zKF1FogQpsY(} [gsXse~C\z}0==-.z%3s!ls43fqlu=DG=2UZUpd%bgJ9RWC :*=] In it, he argues that the IJ was correct with the finding that Mr. G-s Georgia conviction for making threats does not constitute an aggravated felony. Immigration: S. CA: 15 min: 21-1352: Loya-Leon v. Arlan Harrell - Briefs filed under seal. Rocky Mountain Immigrant Advocacy Network, University of Wisconsin Law School Immigrant Justice Clinic, Copyright 2023 American Immigration Lawyers Association & American Immigration Council. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. The BIAs mission is to execute the adjudicatory functions of the Attorney General under the Immigration and F+{D_~T)ru. 2018; pending) motion to reconsider, Mathis, categorical approach, equitable tolling, aggravated felony, drug trafficking, TH&SC 481.120, Khalid v. Sessions (2d Cir. Secure .gov websites use HTTPS Merrick Garland - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' denial of a motion to reopen removal proceedings based on changed country conditions. [Pl@ MW $@N/iNw `kP6//``*/h`` A `3Ar``l2D;dT;Lb2A0ac` 0 A .gov website belongs to an official government organization in the United States. )LtxZ rT*Nz`WSAP'NOT8yS 19H!TVYU2@4,`&e0=C%a\ANKA>:o"S}yhp4m|(t.J1#`.P%Igh>1li!KOD%\fT)\OF#[thCc4}y5;~p`^ZRL]Mlak6~lL56t A VT9v_iV4Ti>cw0&s;7Fgyg} Immigration authorities have described it as perhaps the most complex and difficult to understand ground for asylum. Immigration: BIA: 10 min: 21-50304: A Time / Side value of "Subm." hUmO0+> q"JP D1)z%RTI%i"r|yhgi2e` aYYQi1)Ct&`LZK-Z0x2% Sj%quX] (I'Nj "FC&QZfA(:]KW5C ;T,YUL+>) |AByvuUbN&'I. ;w=XCZnru'P~F&bX+ OUI|\vunH87)XZe:PyD #}nOzcW cYw9[`%lGv[}7u+;Y9kA6>D~l"j)m#:AG1f/`.8cb6l*2)^mEVCOtk$a=7 Unpublished decision of the Board of Immigration Appeals, dated Sept. 9, 2019; Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status L(yq@)/%S C$bCPG8w~0EJ0Il+Ne@w! You should always consult an attorney regarding your matter. The Notice of Appeal (EOIR-26, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf) is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. 1331 G St. NW, Suite 200 Washington, D.C., 20005. %PDF-1.7 % "c jL@00RNgh` b$ WebBRIEF OF RESPONDENT Jason A. Dzubow, Esquire Dzubow & Pilcher, PLLC 1900 L Street, N.W. P0^H.`bpkGmZoyOv4cK[yr1PQ BSf#UV}`H""" BbzCs{L5pM7JVC>Tf.X70V6DiU?-0`-SY)7yUF 2;Y(: The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. Please create a free account to view this resource. he T IJs common-sense conclusion was reasonable, so it supports the adverse credibility determination. But you can continue to fight your case and appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision! 351 0 obj <> endobj If you'd like to submit a volunteer application, please go here. ansears@heartlandalliance.org. 22-15931: Burt Camenzind v. California Exposition and State Fair - An appeal from the district court's summary judgment in favor of defendants in an action alleging that plaintiff's free speech rights were violated when he was ejected from California's state fairgrounds and threatened with arrest for leafleting. BIA appeals are almost always done entirely on paper. WebExecutive Office for Immigration Review Board of Immigration Appeals Individuals who cooperate with law enforcement may constitute a valid particular social group under the CLINIC Senior Attorney Victoria Neilson and Central American Legal Assistance (CALA) Senior Staff Attorney Heather Axford drafted this sample brief that Filing the Notice of Appeal automatically stays the removal order until the final decision by the BIA. WebRESPONDENTS BRIEF This appeal should be reviewed by a three-member panel under 8 C.F.R. The appeal will be dismissed. WebCite as 27 I&N Dec. 767 (BIA 2020) Interim Decision #3976 767 Matter of E-R-A-L-, Respondent Decided February 10, 2020 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An aliens status as a landowner does not automatically render that alien a member of I. Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. Share sensitive information only on official, secure websites. counsel David Zimmer (of Goodwin Proctor). The BIA and IJ were permitted to afford substantial weight to inconsistencies that bear[] directly on [Rodriguez-Ramirez]s claim of persecution. Manes v. Sessions, 875 F.3d 1261, 1264 (9th Cir. k]y65Z>77.qmFG2]i6J/m>P)Y=(^Oo#u_2kK?0e;yQeif !y]gDc5ZFQ2q'D*]RK"a1{|IL>9 Contact campaignwebsite@immcouncil.org for additional assistance. It is wise to make all briefs and motions as concise as possible: the decision-maker will likely form an opinion on %%EOF counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Motion to Reconsider and Terminate (filed with the BIA, July 2017). To appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing,seewww.usdoj.gov/eoir/appealtypes.htmfor updates) with the BIA so that is received within 30 days of the Immigration Judges (IJs) decision. endstream endobj 64 0 obj <>stream WebYour appeal will have two procedural stages to get through: 1. 716 0 obj <>stream 2021; pending): Brief of IDP et al in Support of Petitioner Padilla, denaturalization, Juarez v. Garland, 21-70888 (filed with 9th Cir. 66 0 obj <>/Filter/FlateDecode/ID[<9BE4B65C48A8B1540751C2771227D803><0B7CE2767B1C7F46B727A828E16B0951>]/Index[60 17]/Info 59 0 R/Length 53/Prev 61340/Root 61 0 R/Size 77/Type/XRef/W[1 2 1]>>stream attorney has accepted an asylum case for representation, NIJC will send a copy of the clients file and contact information to the attorney. , categorical approach, realistic probability, endangering the welfare of a child, child abuse, NYPL 260.10(1). x\[oGv~_z7{'OlD7"`}jH,wnU{`sSK"mQio~O.|spYJtl$\\a^."isuEG`L:`*]gQUrBJK2][I^ Each of these is discussed briefly below. Board of Immigration Appeals Practice Manual Downloadable Version (PDF). Update: After submission of this, and other amicus briefs, the Department of WebAsylum Practice Advisory: Applying for Asylum After Matter of A-B- June 2018 Heartland Alliance for Human Needs & Human Rights | National Immigrant Justice Center 208 S. LaSalle Street, Suite 1300, Chicago, Illinois 60604 | ph: 312-660-1370 | fax: 312-660-1505 | www.immigrantjustice.org Asylum Practice Advisory: Applying for Asylum After Chapter 1 - The Board of Immigration Appeals, Chapter 4 - Appeals of Immigration Judge Decisions, Chapter 1 - The Board of Immigration Appeals . 2017) (per curiam). If that appeal is not granted, the next level of appeal that may be filed is with a federal circuit court of appeals. If you are in detention, call: (917) 654-9696 | M-W 9:30 - 5:30pm & Th 1:00 - 5:30pm, For general inquiries, call: (212) 714-2904. Ag-s~gwygm`!Ubb'Q,noG+gef0O\^VOE 6qV;AZ|o?xWMeUlcUBek|3-wes1O] endstream endobj startxref counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, , relief eligibility, cancellation of removal, Petition for rehearing and rehearing en banc, , relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), , categorical approach, equitable tolling, aggravated felony, drug trafficking, TH&SC 481.120, Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights. Please note that in addition to using these samples, we recommend that you explore the practice guides, webinars, and other resources found throughout our training pages. 2021; pending): Brief of IDP et al in Support of Petitioner categorical approach, divisibility, Mathis. There is no mandatory page limit for appeal briefs, but in the spirit of encouragement, BIA recommends that practitioners limit appeal briefs to 25 pages. Information on writing BIA appeals is beyond the scope of this manual, but two excellent resources are the BIA Practice Manual, which is put out bythe BIA itself, and the American Immigration Law Foundationspractice advisory on BIA practice. indicates submission deferred. endstream endobj 61 0 obj <> endobj 62 0 obj <> endobj 63 0 obj <>stream ,bP 2022; pending): Farhane v. U.S., 20-1666 (filed with 2d Cir. WebAfter that, your BIA appEval brief asylum samples is ready. signNow makes signing easier and more convenient since it offers users a number of additional features like Add Fields, 2018; pending) Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights, Obeya v. Sessions, 884 F.3d 442 (2d Cir. tGP}| To learn more, please go to scam.immigrationcouncil.org. Once the attorney has received this, they have 21 days to submit a written brief. in Support of Petitioner. WebTo appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see www.usdoj.gov/eoir/appealtypes.htm for updates) with the BIA so that is received within 30 days of the Immigration Judges (IJs) decision. This page contains sample briefs on a range of issues. Matter of B-Z-R-, AXXX-XXX-675, On Certification to Attorney General Merrick Garland (filed with BIA 2022; pending): Siriboe v. Garland, 21-6323 (filed with 2d Cir. WebAsylum and Pro Bono Project Supervisor at (312) 660-1307 or . Decision of Immigration Judge Douglas Schoppert, A-XXX-XXX-XXX (N.Y. Imm. ``x'3 }P Suite 610 Washington, DC 20036 Telephone: (202) 328-1353 Facsimile: You cannot be deported document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign All rights reserved |, Sample Motion to Convert Individual Hearing to Master Calendar, Motion for Custody Redetermination New Arrivals, Sample Simple Motion for Telephonic Appearance, Motion to Appear Telephonically (Template), Motion for Bond Re-Determination Bond Reduction, Motion for Bond Hearing Changed Circumstances, Annotated Sample Notice of Appeal to the BIA, Sample BIA Brief, Asylum (credibility, corroboration), Sample BIA Brief, Asylum (direct appeal and remand, pro se respondent), Sample BIA Brief, Asylum (due process, remand, administrative notice), Sample BIA Brief, Asylum (nexus, past persecution, CAT), Sample BIA Brief, Asylum and Withholding of Removal (nexus, internal relocation), Sample Brief, Asylum, Withholding of Removal and CAT (particularly serious crime), Sample BIA Brief, Interlocutory Appeal (venue), Sample BIA Brief, Non-LPR Cancellation of Removal, Sample BIA Brief, Withholding of Removal (DHS appeal). 3T;--ZNzm LJ @l:Feb~.f Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. You may also wish to download the PDF using the link located above and use your PDF software's available search functions. petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. WebAsylum Sample BIA Brief Domestic Violence . Several (generally 618) months after the Notice of Appeal has been filed, the attorney of record, or respondent if there is no attorney of record, will receive the transcript and record on appeal. h, hb```J$``0p, [2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. The information contained herein is for reference only and may not be up to date. RESPONDENT-APPELLANTS BRIEF ON APPEAL COMES NOW Respondent (Respondent or Appellant), through undersigned counsel, and pursuant All you have to do is download it or send it via email. s5IKD@hBVQ$T]bXU& Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. Facts and Procedural Background of the Case Mr. XXXXXXX was born in Sudan on January 1, 1980. All referenced appendices in the Board of Immigration Appeals Practice Manual are available in the Shared Practice Manual Appendices. "%8ot,}sT@AF( Mr. G- responds with his brief on appeal. 2018; pending) counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Harbin, NYPL 220.31, Matthews v. Sessions (2d Cir. Official websites use .gov (filed with BIA, July 2018) motion to reconsider, equitable tolling, (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. Decision of Immigration Judge Alice Segal, A-XXX-XXX-XXX (N.Y. Imm. [2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. 60 0 obj <> endobj Decision of Immigration Judge Margaret Kolbe, A-XXX-XXX-XXX (N.Y. Imm. %PDF-1.5 % 1003.1(b)(3) as an appeal from the decision of an Immigration Judge (IJ) in a removal proceeding conducted in Miami, Florida. 21-50094: USA v. A Time / Side value of "Subm." endstream endobj 689 0 obj <>/OCGs[702 0 R]>>/Outlines 231 0 R/Pages 677 0 R/StructTreeRoot 295 0 R/Type/Catalog>> endobj 690 0 obj <>/MediaBox[0 0 612 792]/Parent 679 0 R/Resources<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 691 0 obj <>stream Immigration: S. CA: 15 min: 21-1352: Loya-Leon v. Arlan Harrell - Briefs filed under seal. hbbd```b``A$S%Xd"gIlRHl#u? G{xxTj&+LsuCwCf]Yl3\|4k[eXx*` n6!:|. Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. review of the Board of Immigration Appealss (BIA) order adopting the Immigration Judges (IJ) adverse credibility determination and denial of his governor would tell him to leave the country after such a brief exchange. Client, A# 000 000 000 Clients Daughter, A# 000 000 000 5. It is well-established that where the BIA has not made a petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. uUqqRvjYWTr a counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Surveillance, Tech & Immigration Policing, Brief of IDP and Harvard Crimmigration Clinic in Support of Petitioner, Brief of Kathryn O. Greenberg Immigration Justice Clinic in Support of Petitioner, Brief of IDP et al in Support of Petitioner, IJ Maria Lurye decision, New York Immigration Court, dated Oct. 15, 2018, IJ Terry A. Bain decision, New York Immigration Court, dated June 26, 2018, Unpublished decisionof the Board of Immigration Appeals, dated Sept. 9, 2019, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of, Statutory Motion to Reconsider and Terminate in Light of, Statutory Motion to Reconsider and Terminate in Light of. XR3lQI``a`c`i J- w jWsP($30!.!|do;Daf`qH - WuC9T] J WebAn appeal of an immigration decision may be filed with the Board of Immigration Appeals. t>{Gz#,R Immigration: BIA: Subm. Preferably identify and follow your theory of the case beginning at the IJ level (or earlier). WebBIA appeal process and beyond to the circuit court. Ct. Dec. 1, 2021). v se?E@5T6>4.c5yf&BTwvL=` dzS":Y8B1EUNy %%EOF 4 0 obj % WebSAMPLE Motion to Reconsider with the BIA [If applicable: DETAINED] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW _____, hereby seeks reconsideration of this case in light of the Board of Immigration Appeals (BIA or Board) recent precedent decision in Matter of Abdelghany, 26 I&N Dec. 1003.1(e)(6). To learn more, please go to scam.immigrationcouncil.org. would grant the petition in Case No. 365 0 obj <>/Filter/FlateDecode/ID[<8AB617B457E2654C813AE6403A8B9511><32E59815F07F2A4081C7B2C5A9F39D6D>]/Index[351 31]/Info 350 0 R/Length 74/Prev 134672/Root 352 0 R/Size 382/Type/XRef/W[1 2 1]>>stream On November 1, 2005, he entered the United States without being admitted or paroled and was apprehended and placed in removal proceedings. While it is possible to request oral argument, the BIA almost never grants it. The amicus brief lays out how the particular social group of Honduran transgender women meets the three-prong test laid out in Matter of M-E-V-G-. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. WebMerrick Garland - A citizen of Mexico petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. EOIR hotline The BIA provides automated case information at (800) 898- Office main line at (703) 605-1007 and speak to a live person, but the information that the phone clerk is authorized to give is limited. Please create a free account to view this resource. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. :F6,+LF*s!Lc~|=eri/VW215mm1ab/nt}|M_ T N slX=`YW2'p%6y@n;;d. 20. Washington, D.C., 20005. It does not constitute legal advice. would grant the petition in Case No. This deadline is very strictly enforced. Washington, D.C., 20005. %%EOF United States Court of Appeals Fifth Circuit FILED April 25, 2023 y-7j75MbbXe^y]Q)j@(<0@x3&\|AJZu~jOyW`F%WO)D!RUsC"D"?iCl=3Ybmp`MP$%{rMa?gz8`2x5<37"Bb'XK@g_y9#!oa .lDVm[w2J"l Q0zCGEZQ)65i}lH'SjDsFL$?G(2Ffk SSbQ;@?IFY0?_e@oo& g4Z8f]K8DQnQ}O4wswyF%6tG5x,vE2n\,jAbNJV$Lulr%C*}O!lEV,"Lj'@H indicates the case will be submitted on the briefs, "Def." Calls from people outside of detention will not be accepted. &Kib}S|V7Xs`UeoUF0H{MWIQ hb``` eap ki`fp`SX,`W2KZ,3Y}9Xdyqria[e>K#7S)3y42Dbkt[]9s+g=s=+v^|B A certificate of service must also be included with your Notice of Appeal, stating that service of the Notice was made on the Office of the Chief Counsel. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign Contact campaignwebsite@immcouncil.org for additional assistance. hjHmI1e*uejDg%I`V5sYg/B +&gsgU]d~8+US-.h.U$ EQi# h k~[ [2:19-cv-00632-MCE-AC] Civil: E. On XXXXX the IJ issued a decision in Respondents case would grant the petition in Case No. WebHowever, note that Notices of Appeals, briefs, and other filings may not be filed by e-registry. 21-50094: USA v. A Time / Side value of "Subm." WebAn appeal of an immigration decision may be filed with the Board of Immigration Appeals. Immigration Appealss (BIA) dismissal of his appeal of an immigration judges (IJ) denial of his application for asylum and withholding of removal. e:jO~Sje^ If that appeal is not granted, the next level of appeal that may be filed is with a federal h|YnH}W08Vq~Rl Y~hHLjHg?oe9rKUrp~unsa8L%aY=;2L.'MJ3'0|XEaf\. ^"4w6WN]fnuv.9Ud|]`1 (CgnoW6CRu2'RP[:{.KA%]rDTRt@ )yP/3zf$anwmV:5j MJj9 p M}0/'+Jp{`1 oBz~} It did not appeal the IJs favorable exercise of discretion in the alternative. << /Length 5 0 R /Filter /FlateDecode >> The Mercer Law School Immigration Appeals Clinic filed an amicus brief on CLINICs behalf on March 11, 2020. Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York statutory definition of narcotic. 22-15377 22-15658: Elena Nacarino v. Kashi Company - Appeals of the dismissal, based on preemption, of plaintiffs' state law claims in their diversity putative consumer class action alleging Kashi Company and Kellogg Company made false or misleading statements on its packaging about the amount of protein in its food products. Each is intimately familiar with the functioning of immigration courts The BIA has limited fact-finding ability on appeal, which heightens the need for IJs to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law. hVmkH+%+ Mz$ud$ie%)>-$L =R 2dDCd bZ Obtaining an Employment Authorization Document, http://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf, http://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir27.pdf, (917) 654-9696 | M-W 9:30 - 5:30pm & Th 1:00 - 5:30pm. Amicus briefs filed with BIA challenging changes to modified categorical approach in light of Pereida v. Wilkinson (filed BIA 2021;pending) Pereida, modified categorical approach: Amicus Brief filed with BIA challengingMatter of Pickering and advocating for fuller recognition of post-conviction relief (filed with BIA 2021;pending) Pickering, post-conviction relief, statutory interpretation, federalism canon, Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York firearms cases NYPL Article 265, realistic probability, antique firearms, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status U-visa, arrest records, discretionary denial, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief (filed with BIA 2018; pending) 212(c), twin pillars, CIMT, Judulang, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of Pereira v. Sessions) (filed with BIA, July 2018) motion to reconsider, equitable tolling, Pereira, cancellation of removal, stop-time, Statutory Motion to Reconsider and Terminate in Light of Sessions v. Dimaya (and Pereira v. Sessions) (filed with the Houston Immigration Court, July 2018) counsel Ronaldo Rauseo-Ricupero (of Nixon Peabody), motion to reconsider, aggravated felony, equitable tolling, categorical approach, crime of violence, Statutory Motion to Reconsider and Terminate in Light of Obeya v. Sessions (filed with BIA March 2018) motion to reconsider, petit larceny, 155.25, CIMT, retroactivity, equitable tolling, Statutory Motion to Reconsider and Terminate in Light of Harbin v. Sessions (filed with BIA July 2017) motion to reconsider, aggravated felony, controlled substance offense, equitable tolling, NYPL 220.31, Mohamed v. Sessions, 727 F. Appx 32 (2d Cir.

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