Immigration

Decided: April 21, 2015

Ashton LeBlanc petitioned for a review of the denial of his motion to reopen the denial of an I-130 petition filed on behalf of his son, Robert LeBlanc.  The court dismissed …

Decided: April 15, 2015

The Fourth Circuit held that North Carolina’s second-degree kidnapping statute constituted a “crime of violence” so as to justify a 16-level sentence enhancement pursuant to United States Sentencing Guidelines §2L1.2(b)(1)(A)(ii) for …

Decided: April 14, 2015

The Fourth Circuit held that 8 U.S.C. § 1229b(b)(1)(C) applies to both legal aliens and illegal aliens, and renders both ineligible for cancellation of removal from the United States when they …

Decided: October 17, 2014

The Fourth Circuit held that failure to register as a sex offender is not a crime of moral turpitude, and, therefore, the Board of Immigration Appeals (“BIA”) erred in relying on …

Decided: November 14, 2014

The Fourth Circuit held that the Board of Immigration Appeals (BIA) did not abuse its discretion when it refused to reopen the petitioner’s second motion to reopen his asylum claim because …

Decided: November 14, 2014

The Fourth Circuit denied Petitioner’s claim for review of the Board of Immigration Appeals’s (“BIA”) decision.

Petitioner (“Mulyani”) grew up as a Christian in Indonesia, which is a primarily Muslim country. …

Decided: October 29, 2014

The Fourth Circuit reversed the Board of Immigration’s (“BIA”) decision to deny Xing Yang (“Yang”) relief from deportation. The Court held that the BIA erred by excluding evidence, and applied an …

Decided: July 30, 2014

The Fourth Circuit held that for cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), an illegal immigrant enters the United States free from restraint if a …

Decided: July 18, 2014

In Cordova v. Holder, the Fourth Circuit granted Cordova’s petition for review, and remanded the case to the Board of Immigration Appeals (“BIA”) for further proceedings after concluding that the BIA …

Decided:  March 17, 2014

The Fourth Circuit Court of Appeals denied in part and dismissed in part a Nicaraguan immigrant’s petition for review of the Board of Immigration’s finding that he was ineligible for cancellation …

Decided: February 5, 2014

On petition for review, the Fourth Circuit held that (1) the Board of Immigration Appeals’ (BIA) decision to deny Jin Xiu Li’s (Li) and Ai Hua Chen’s (Chen) (collectively, the petitioners) …

Decided: January 27, 2014

The Fourth Circuit partially granted Julio Ernesto Martinez’s (“Martinez”) Petition for Review, finding that a group consisting of former MS-13 gang members constitutes a “particular social group” within the meaning of …

Decided: January 16, 2014

The Fourth Circuit Court of Appeals vacated the Board of Immigration Appeals’ (“BIA”) order finding that a Tanzanian national who suffers from severe bipolar disorder was not a member of a …

Decided: January 14, 2014

On rehearing en banc, the Fourth Circuit held that the Maryland crime of resisting arrest, Md. Code, Crim. Law § 9-408(b)(1), does not categorically qualify as a “crime of violence” under …

Decided: November 22, 2013

The Fourth Circuit held that the Immigration Judge and the Board of Immigration Appeals (collectively, the agency) had substantial evidence to support an adverse credibility determination against Qing Hua Lin (Lin) …