Thank You For Accusing Me of Marriage Fraud, Sir. Now Give Me Back My Green Card.

Often times in immigration appeals at the Ninth, it is unclear why a case has been published.  No new rule necessarily comes from the case; more likely, the case reflects some miniscule nuance of an old rule.  Which, yes, we all appreciate, but 30 pages later, we have not really learned anything novel about the way the law works.  This is not so in Vasquez v. Holder. (full opinion available here)

Some Background on Conditional Residency.  One of the bases for applying for permanent residency (a green card) is marriage to a U.S. citizen.  However, if permanent residency is granted prior to the second anniversary of the marriage, then there is a condition to that residency.  The green card is valid for only two years.  At the end of the two years, the immigration service wants a chance to, well, check in and see how things worked out.  Still married after two years?  Excellent.  Chances are the condition will be removed and you will receive a full blown green card.  Not still married?  Uh oh.  

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A Drug Offense is a Drug Offense. Apparently We Needed Reminding.

Basics.

Guerrero-Silva v. Holder, No. 05-77420. (see case here).

Guerrero-Silva was convicted under California Penal Code section 11361(b) for (simplified) giving marijana to a child over 14-years old.  IJ found him deportable, and BIA affirmed.

Question.

Is 11361(b) a deportable offense as one “relating to a controlled substance?”

Answer.

Yes.  Because the entire statute (versus only part of the statute) refers to the furshinging/administrating/giving or offering to furnish/admin/give marijuana, then any conviction under the statute relates to a controlled substance.  11361(b) is NOT simple possession and it is NOT solicitation.

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They Were Both Wrong on the U Visa

An Introductory Note.

I am thrilled to be contributing to the Ninth.  Immigration appeals are by far the most abundant cases in this circuit, so there will be plenty of decisions to discuss.  Immigration is, as with so many administrative bodies of law, complex.  I will do my best to provide a bit of background information to each case.  At the outset, some abbreviations that are important to note:

IJ:  Immigration Judge

AAO:  Administrative Appeals Office

EOIR:  Executive Office for Immigration Review

BIA:  Board of Immigration Appeals

DHS:  Department of Homeland Security

USCIS:  United States Citizenship and Immigration Services(part of DHS)

ICE:  Immigration and Customs Enforcement

CBP:  Customs and Border Protection.

With that, away we go . . .

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