Flushing, NY
Immigration Lawyer at Flushing, NY
Practice Areas: Immigration
OUTCOME: Won (became a precedential decision)
Held: Vacating the removal order and reversing the BIA’s finding that extension of extortionate credit in violation of 18 U.S.C. § 892(a) is categorically a crime of violence because “§ 892(a) encompas ... ses some criminal behavior that falls within the definition of aggravated felony’ and some that does not”
OUTCOME: Won (became a precedential decision)
Held: Absent clear evidence of waiver of right to contest removal, Visa Waiver Program (“VWP”) entrants cannot be subject to removal without a hearing because removal of VWP entrants under such circums ... tances without a hearing violates due process
OUTCOME: Won (became a precedential decision)
Held: Political activities outside the persecuting country that became public, not the date of political membership, should be considered to determine the statutory exception to the one-year filing dea ... dline for asylum, and the asylum applicant is not required to establish that the authorities had already learned of his political activities in order to establish a well-founded fear, but could meet such burden by showing that such activities would likely become known to the authorities upon return to the persecuting country.
OUTCOME: Won (became a precedential decision)
Held: Federal district courts have subject matter jurisdiction over suits challenging the government’s unlawful rescission of lawful permanent resident status without following the mandatory statutory ... and regulatory requirements); Shi Jie Ge v. Holder, 588 F.3d 90 (2d Cir. 2009) (political activities outside the persecuting country that became public, not the date of political membership, should be considered to determine the statutory exception to the one-year filing deadline for asylum, and the asylum applicant is not required to establish that the authorities had already learned of his political activities in order to establish a well-founded fear, but could meet such burden by showing that such activities would likely become known to the authorities upon return to the persecuting country
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