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Hoppock Law Firm, LLC
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The Supreme Court's decision yesterday in Esquivel-Quintana v. Sessions is fantastic and worth a read. Unanimous immigration opinions are rare. And such a good decision coming from Thomas is especially so. It's a good opinion, and it makes clear that variations in state laws on something so important should not be the reason one lawful permanent resident gets deported while another doesn't.
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This is a critically important decision by the BIA, recognizing that families may amount to "particular social groups" and that if a person is persecuted because of their familial relationship to another person, that the membership in their family may be enough to qualify for asylum. The BIA has hinted at this possibility for thirty years but has never come all the way out and said it. Until now. Excellent decision that will make it much easier for applicants as well as adjudicators.
In perhaps the most important asylum-related decision in the last 5 to 10 years, the BIA held today that a family unit can amount to a “particular social group” and that if their membership in that nuclear family is at least one central reason they have…
Hoppock Law Firm, LLC
Hoppock Law Firm, LLC
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New BIA decision this afternoon on who has the burden to prove that an immigrant applying for relief from removal isn't ineligible for the relief she's applying for. The case has bad facts (for starters the Judge thought the applicant was lying), so it's unfortunate the BIA decided to make this the vehicle to decide this question about burdens of proof. Matter of M-B-C-. https://justice.gov/file/967306/download
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In a new published decision on November 1, 2016 the BIA attempted to clarify the possible scope of the waiver found at INA 237(a)(1)(H) but in doing so ignored the plain language of the statute. Matter of Tima, 26 I&N Dec. 839 (BIA 2016). The Board’s…
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The Obama admin. has gone out of its way to make it hard for them to find counsel and to attend court. That's why.
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Immigration courts are not designed to be accessible. And they have made them even harder to access for this new wave of children. Imagine getting released from DHS custody to a family member you don't know that well. Then the court schedules you for a hearing in a week halfway across the country. For many of these kids (at least the ones we're seeing in our office) the government hasn't even served the charging document on the correct person. Add to that the lack of appointed counsel and you have a recipe for complete disaster. This is a due process nightmare.
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Immigration courts are not designed to be accessible. And they have made them even harder to access for this new wave of children. Imagine getting released from DHS custody to a family member you don't know that well. Then the court schedules you for a hearing in a week halfway across the country. For many of these kids (at least the ones we're seeing in our office) the government hasn't even served the charging document on the correct person. Add to that the lack of appointed counsel and you have a recipe for complete disaster. This is a due process nightmare. http://j.mp/1PI8bfw
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Wishing everyone a happy new year. Here's to a new year of hope and opportunity.
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"1 out of every 122 people alive today is someone who, at some point, was forced to leave his or her home." http://j.mp/1NT7hKL
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Rubio support for comp. #immigration reform now haunts him with GOP primary voters. So bizarre.
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