Sanchez v. Att’y Gen.

In Sanchez v. Att’y Gen., Petitioner sought review of the Board of Immigration Appeals’ (“Board”) denial of his request for remand to the Immigration Judge for administrative closure, which would have given time for renewal of his Deferred Action for Childhood Arrivals (“DACA”) status. The Board determined that it did not have authority to administratively … Read more

Romero v. Att’y Gen.

In Romero v. Att’y Gen., the Third Circuit affirmed an order of the Board of Immigration Appeals that affirmed an immigration judge’s denial of the petitioner’s application for withholding of removal. The petitioner argued that the immigration judge lacked jurisdiction because the charging document did not contain the precise date and time of his first … Read more

K.A. v. Att’y Gen.

In K.A. v. Att’y Gen., the Third Circuit held that a New Jersey state conviction for second-degree robbery, N.J.S.A. 2C:15-1, is an aggravated felony under the Immigration and Nationality Act. The Third Circuit utilized the categorical approach and found that second-degree robbery contains every element of the federal generic theft offense.

Aristy-Rosa v. Att’y Gen. of U.S.

The Third Circuit granted the Government’s request to publish its earlier non-precedential opinion in Aristy-Rosa v. Att’y Gen. of U.S. The petitioner was ordered removed because he was a lawful permanent resident but had been convicted of a drug offense. After the removal order, he received a pardon from Governor Andrew Cuomo (the opinion does … Read more

State v. Lopez-Carrera

In State v. Lopez-Carerra, the New Jersey Supreme Court granted leave to appeal from the Appellate Division’s ruling in State v. Molchor, 464 N.J. Super. 274 (App. Div. 2020). In Molchor, the Appellate Division held that the Criminal Justice Reform Act, N.J.S.A. 2A:162-15 to -26, does not permit a judge presiding over a detention hearing from ordering … Read more

Sunuwar v. Att’y Gen.

In Sunuwar v. Att’y Gen., an immigration judge ruled that the petitioner was removable as an alien who was convicted of an aggravated felony, a crime of domestic violence and moral turpitude, as well as violating a protection order. Previously, the petitioner pled guilty to strangulation and violating a protection order after he severely beat … Read more

H.V.D.M. v. R.W.

In H.V.D.M. v. R.W., the Appellate Division dealt with an appeal from the Chancery Division where the lower court dismissed the plaintiff’s complaint wherein she sought sole custody of a minor who had been removed from her parents’ custody in Canada to move in with the plaintiff — a relative — in New Jersey. The … Read more

Nkomo v. AG United States

Nkomo v. AG United States involved a petition to review the Board of Immigration Appeals’s denial of a motion to reopen Nkomo’s removal proceedings. Nkomo was ordered removed after she was convicted of conspiracy to commit wire fraud. While the removal proceedings were pending, Nkomo’s husband, a U.S. citizen, filed a Form I-130 petition for … Read more

Rad v. Att’y Gen. United States

In Rad v. Att’y Gen. United States, the defendant appealed the Board of Immigration Appeals’ finding that his violations of the CAN-SPAM Act necessarily entailed deceit, and therefore satisfied the first element of an aggravated felony under 8 U.S.C. § 1101(a)(43)(M)(i). The 3rd Circuit held that, because the Act targets false statements made in contexts … Read more

Khan v. Att’y Gen.

Khan v. Att’y Gen. was an appeal of the Board of Immigration Appeals’ order, which denied Khan’s petition for cancellation of removal. The 3rd Circuit denied Khan’s petition to review the BIA’s order, holding that the post-conviction decriminalization of an offense does not prevent the “stop-time rule” from triggering at the time the offense was … Read more