Law Office of Sabrina Damast

The California Court of Appeal, Fourth Appellate District, has denied a motion to vacate under section 1473.7 of the Penal Code for failure to provide sufficient evidence of prejudice: http://www.sabrinadamast.com//ca-ct-of-appeal-denies-14737

The Ninth Circuit has agreed with two District Court injunctions of USCIS’s public charge rule, though it has narrowed the scope of the injunction to the plaintiff-states: http://www.sabrinadamast.com//ninth-circuit-upholds-injunc

The Board of Immigration Appeals has determined that when an attorney admits that they rendered ineffective assistance of counsel, their client is not excused from filing a bar complaint, when the same attorney is trying to reopen the proceedings based on their admitted ineffective assistance: http://www.sabrinadamast.com//bia-vitiates-self-lozada-pro

The Board of Immigration Appeals has determined that when an Immigration Judge finds an expert to be a credible witness, it does not follow that the Immigration Judge must accept all the testimony and opinions provided as facts: http://www.sabrinadamast.com//bia-defines-role-of-expert-t

The Board of Immigration Appeals has determined that an Oregon conviction for second degree child neglect is a crime of child abuse even though the statute only requires the likelihood of exposure to harm, rather than the probability of a particular harm actually occurring: http://www.sabrinadamast.com//bia-finds-or-second-degree-c

The Board of Immigration Appeals has determined that if a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted to a lawful permanent resident, that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings: http://www.sabrinadamast.com//bia-finds-that-pre-cancellat

The Eleventh Circuit has determined that the reinstatement statute unambiguously prohibits the reopening of a reinstated removal order: sabrinadamast.com//eleventh-circuit-finds-ij-lacks-jurisdi

The Eleventh Circuit has rejected the argument that the provision of de minimis funds to a terrorist organization does not constitute material support: http://www.sabrinadamast.com//eleventh-circuit-rejects-de-

A petitioner whose attorney concedes removability for being present without admission or parole is stuck with that admission, despite providing testimonial and documentary evidence that she was admitted on a tourist visa, because it is possible that she entered on the visa, departed, and then subsequently entered without inspection: http://www.sabrinadamast.com//eleventh-circuit-binds-petit

The Ninth Circuit has issued a terrible asylum decision for a Guatemalan asylum seeker who was the victim of domestic violence: http://www.sabrinadamast.com//ninth-circuit-issues-terribl

The Ninth Circuit has has determined that it was permissible for an Immigration Judge to rely on inconsistencies between an asylum applicant’s in-court testimony and the information contained in a record of his border interview with Immigration and Customs Enforcement and of his credible fear interview with an asylum officer: http://www.sabrinadamast.com//ninth-circuit-permits-consid

The Ninth Circuit has determined that an Oregon conviction for delivery of marijuana is not an illicit trafficking aggravated felony because solicitation to commit a trafficking offense does not fall under the definition of ‘illicit trafficking: sabrinadamast.com//ninth-circuit-determines-that-oregon-co

The Ninth Circuit has deferred to the Board of Immigration Appeals’ (BIA) decision in Matter of Ortega-Lopez that a federal conviction for aiding and abetting another person who sponsored or exhibited an animal in an animal fighting venture is a crime involving moral turpitude: http://www.sabrinadamast.com//ninth-circuit-defers-to-bia-

The Seventh Circuit has determined that an Immigration Judge has the obligation to advise a counseled respondent of the ability to apply for asylum and withholding of removal pursuant to 8 C.F.R. 1240.11(c)(1) if the respondent testifies about a fear of harm f the type that could render him eligible for asylum or withholding of removal: http://www.sabrinadamast.com//seventh-circuit-finds-ij-sho

The Fourth Circuit has affirmed the validity of an asylum claim brought by a woman who was threatened by the gangs in order to get her parents to pay extortion money: http://www.sabrinadamast.com//fourth-circuit-reaffirms-via

The Third Circuit has determined that a New Jersey conviction for criminal sexual contact is a sexual abuse of a minor aggravated felony: http://www.sabrinadamast.com//third-circuit-finds-that-new

The Fourth Circuit has determined that a conviction for attempted robbery under the Hobbs Act is not categorically a crime of violence under the federal sentencing law: http://www.sabrinadamast.com//fourth-circuit-finds-that-at

The Third Circuit has determined that a New Jersey terroristic threats conviction is not a crime involving moral turpitude: http://www.sabrinadamast.com//third-circuit-determines-tha

A district court in Minnesota has rejected the AAO’s decision in Matter of H-G-G-, which held that a grant of Temporary Protected Status (TPS) is not an admission for adjustment of status purposes. The court further held that for the purpose of the continuous maintenance of status requirements in section 245(c) of the INA, the grant of TPS constitutes a new entry, and maintenance of status should be measured starting on the date of the grant of TPS. The case is called Hernandez de Gutierrez & Gutierrez v. Barr and can be found on PACER by looking up Case # 0:19-cv-02495-JRT-KMM in the District of Minnesota.

USCIS has extended Temporary Protected Status for citizens of South Sudan for an additional 18 months, until May 2, 2022. The USCIS announcement can be found here: https://www.uscis.gov/humanitari/temporary-protected-status

The AAO has decided that TPS holders who travel on Advance Parole after 8/20/20 will not be deemed to be "paroled" for adjustment of status purposes: http://www.sabrinadamast.com//uscis-cuts-off-aos-eligibili