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Briefs, oral arguments, agency decisions and the Federal Register.

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  • Interim Decision #3382

    Agency decision · Agency decision

    For these convictions, the applicant was fined $5000 and placed on probation for a period of 3 years. … In particular, the Court commented that, without the requirement of knowledge of illegality, the statute would criminalize otherwise innocent conduct.

    Executive Office for Immigration Review
  • Interim Decision #3360

    Agency decision · Agency decision

    The petitioner seeks classification as an alien entrepreneur pursuant to section 203(b)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(5), and section 610 of the Appropriations Act of 1993 … The $290,000 balloon payment is not due until well after the two-year period.

    Executive Office for Immigration Review
  • Interim Decision #2516

    Agency decision · Agency decision

    for any of the alleged acts of misconduct regardless of whether he had actual knowledge that the acts were proscribed by 8 CFR 292.3(a). (4) Any acts of misconduct in disbarment proceedings brought under … complaint was served on the respondent while he was in an interview booth evidently located in the offices of the Service in Chicago: The respondent took ten or fifteen minutes to read the complaint and then commented

    Executive Office for Immigration Review
  • Interim Decision #1292

    Agency decision · Agency decision

    We may properly comment upon the pending extradition proceed- ings only to the extent that references to those proceedings are necessary to our decision in the matter before us. … Counsel contends that the six-month period during which respondent might have been taken into custody under the present order has run.

    Executive Office for Immigration Review
  • In DEPORTATION Proceedings

    Agency decision · Agency decision

    The period of imprisonment was from November 1950 until about November 1953. … due caution and circumspection, of a lawful act which might produce death.

    Executive Office for Immigration Review
  • Cite as 25 I&N Dec. 748 (BIA 2012)

    Agency decision · Agency decision

    During that period, the relevant legislative history does not reflect that the inclusion of “murder” as an aggravated felony in the Act was the subject of any amendment, and there was no extensive reporting … See Model Penal Code § 2.08(2).10 The unavailability of the argument that intoxication prevented the formation of a malicious state of mind has been criticized by some commentators.

    Executive Office for Immigration Review
  • Interim Decision #2021

    Agency decision · Agency decision

    With increasing vigor, the courts have recently commented on the fact that in immigration cases frivolous appeals have been taken solely for purposes of delay, e.g., Wong Ram Cheung v. … Section 101 (b) (4), Immigration and Nationality Act, 8 U.S.C. 1101(b) (4).

    Executive Office for Immigration Review
  • Interim Decision #3225

    Agency decision · Agency decision

    Second, it is clear from the record that the respondent has established the necessary physical presence in the United States and his good moral character for the qualifying period. … I concur in the majority opinion, but would add the following comment.

    Executive Office for Immigration Review
  • Interim Decision #3078

    Agency decision · Agency decision

    , to the works of jurists and commentators who by years of labor, research, and experience have made themselves peculiarly well acquabited with the subjects of which they treat. … It is designed to allow an alien to remain in the United States for an indefinite period of time, such as is sought here.

    Executive Office for Immigration Review
  • Interim Decision X2052

    Agency decision · Agency decision

    may at any time when the ends of justice will be subserved thereby, and when 595 Interim Decision #2052 the good conduct and reform of the person so held on probation shall warrant it, terminate the period … One further comment is required before we leave this subject. In Talavera, the Service presented a letter dated December 2, 1966 from the judge who modified his original order.

    Executive Office for Immigration Review
  • Interim Decision #2967

    Agency decision · Agency decision

    The record before us reflects that during the period of the respondent's active membership in the PIRA, that organization's use of random bombings of civilian targets increased. … Comparing terrorist activities directed at the civilian population with those of the anarchist, the court concluded: , As recent commentators have stated, "an offense having its impact upon the citizenry

    Executive Office for Immigration Review
  • Cite as 26 I&N Dec. 108 (BIA 2013)

    Agency decision · Agency decision

    See generally 20 C.F.R. § 656.17 (2012). 2 The respondent maintains that the labor certification was effectively withdrawn by his employer before the 45-day period expired. … Subsequently, in an interim rule and request for public comment, the former INS again explained that it considered a labor certification “properly filed” when the ETA 750 was accepted for processing by

    Executive Office for Immigration Review
  • Interim Decision #3365

    Agency decision · Agency decision

    Section 243(h)(2)(B) of the Act. … It describes the common methods of torture reported to include “suspension for long periods in contorted positions, burning with cigarettes, and, most frequently, severe and repeated beatings with cables

    Executive Office for Immigration Review
  • Cite as 25 I&N Dec. 103 (BIA 2009)

    Agency decision · Agency decision

    Section 240(c)(7)(C)(iv) of the Act. … There is no indication that the DHS attempted to execute the removal order during that period of adjudication.

    Executive Office for Immigration Review
  • Interim Decision #3366

    Agency decision · Agency decision

    The respondent appealed, arguing that he was not allowed an opportunity to contest the motion to terminate proceedings and that, contrary to the comments in the order, he was opposed to termination. … II 1996), for being inadmissible under section 212(a)(6) of the Act, because he can prove that he has been “physically present in the United States continuously for the 2year period immediately prior to

    Executive Office for Immigration Review
  • Interim Decision #2949

    Agency decision · Agency decision

    STATUTORY LEGAL STANDARD Section 241(a)(19) of the Act provides for the deportation of aliens who— during the period beginning on March 23, 1933, and ending on May 8, '1945, under the direction of, or … Typical is General Stahlecker's comment just cited that they sought to eliminate all those who tried to hide their Communist beliefs.

    Executive Office for Immigration Review
  • Cite as 25 I&N Dec. 721 (BIA 2012)

    Agency decision · Agency decision

    We need not decide here, however, whether we are obliged to follow the approaches in circuits, such as the Third and Fifth, that may diverge from ours. 8 We decline to comment further on Aguila Montes … He or she repeatedly follows a person or engages in a course of conduct or repeatedly commits acts over a period of time intentionally placing or attempting to place another person in reasonable fear of

    Executive Office for Immigration Review
  • Cite as 24 I&N Dec. 646 (BIA 2008)

    Agency decision · Agency decision

    Alternatively, if the alien wishes to pursue reopening and remains in the United States to do so, he or she risks expiration of the statutory period and ineligibility for adjustment of status, the underlying … given no authority to compel the DHS to admit or parole such aliens into the United States. 9 When the Attorney General proposed amendments to the Board’s motions rules in response to the IIRIRA, several commentators

    Executive Office for Immigration Review
  • Interim Decision #3348

    Agency decision · Agency decision

    A medical professional might also have commented, in detail, on the severity of the illness alleged. … See section 242B(e)(1) of the Act; see also sections 242B(e)(2)-(4) of the Act; cf. section 242B(a) of the Act (requiring only written, but not oral, notice).

    Executive Office for Immigration Review
  • Interim Decision #3195

    Agency decision · Agency decision

    Moreover, although the BHRHA purportedly based its opinion on the Department of State's annual Country Reports on Human Rights Practices, it fails to comment on highly relevant information set forth in … It might be useful in regard to this issue to point out that the violence in Punjab has occurred during a period when many other communal and separatist conflicts have occurred, none of which had anything

    Executive Office for Immigration Review

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