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Board certified former U.S. immigration judge and former INS regional counsel practicing immigration and nationality law in SouthFlorida, nationwide and throughout the world

Case Summaries

Immigration Law

[08/14] US v. Lefsih
Vacating a conviction for immigration fraud because the district court's repeated interjections expressing skepticism of the Diversity Immigrant Visa Program and its negative impression of individuals who participate in the program were improper judicial intervention and the Algerian defendant was denied the opportunity for a fair and impartial trial as a result.

[08/09] Mejia v. Sessions
Dismissing a petition for the review of the denial of an asylum application by a Peruvian national because they had no jurisdiction to hear a previously entered removal order, but could affirm that an alien subject to a reinstated removal order is barred from applying for asylum.

[08/09] Boggala v. Sessions
Denying the petition for review of the order of the Board of Immigration Appeals finding an Indian national lawful permanent resident removable and inadmissible due to a North Carolina deferred prosecution for solicitation of a child by computer to commit a sex act because the individual's factual stipulations in the course of the prosecution were sufficient to establish his guilt.

[08/07] DLS Precision Fab LLC v. US Immigration and Customs Enforcement
Granting a petition for review on a single charge that was past the statute of limitations and denying review as to 503 other violations because the petitioner was not entitled to good faith defenses in the case of a company accused of 504 violations of federal employment authorization verification requirements.

[08/03] Ildefonso-Candelario v. Attorney General of the United States
Granting a petition for the review of a Board of Immigration Appeals determination that an a Mexican national was ineligible for cancellation of removal on account of a prior conviction for a crime involving moral turpitude and remanding for further proceedings because the conviction for obstructing the administration of law or other governmental function encompasses acts that are not morally turpitudinous.

[07/31] Pereira v. Sessions
Denying a petition to review the Board of Immigration Appeals decision that the 'stop time rule' halting the accrual of continual physical presence for a cancellation of removal claim is triggered upon issuance of a Notice To Appear, regardless of whether the notice contains the date and time of the initial hearing or not.

[07/31] Watson v. US
Reversing the judgment for the plaintiff on a false imprisonment claim that was untimely and affirming judgments against false imprisonment and negligence claims in the case of a US citizen who was imprisoned by the immigration service for more than three years on the mistaken belief that he was a deportable immigrant.

[07/31] Velasquez v. Sessions
Denying a petition for review in the case of a Honduran national and her minor son were apprehended by border patrol at the time they entered the country, conceded removability, requested asylum and other relief, and were denied relief because her persecution arose from a private conflict and there was no nexus with the applicant's status as the member of a particular social group.

[07/28] US v. Martinez-Lopez
Affirming the enhancement of a conviction for illegal reentry following deportation after concluding that a prior conviction qualified as a federal drug trafficking offense under the modified categorical approach and holding that the sentence was substantively reasonable where the defendant had a prior guilty plea to the crime of selling cocaine.

[07/27] Gomez Heredia v. Sessions
Denying petitions for review and declaring a motion for stay of removal moot in the case of a Dominican national appealing the Immigration Judge's decision that his drug offense convictions rendered him inadmissible to the United States, the Board of Immigration Appeal's affirmation and denial of a motion to reopen because they held he was not eligible for cancellation of removal.

[07/27] US v. Azcona-Polanco
Affirming the imposition of supervised release on a foreign national who was repeatedly removed and illegally reentered the United States illegally because although deportable immigrants are presumptively exempt from such a penalty the decision was not in clear error and further affirming that the sentence of imprisonment in the matter was not substantively unreasonable.

[07/27] In Re The Marriage of Ashlyne and Vikash Kumar
Reversing a trial court ruling that an immigrant spouse was not entitled to support pursuant to the affidavit of support submitted by her spouse and that such a claim has no duty to mitigate damages.

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