Andrew D. Stine, P.A. - Florida Criminal Defence Attorney

(U.S. 5th Cir., Administrative Law, Criminal Law & Procedure, Immigration Law) In a petition for review of a decision by the Board of Immigration Appeals (BIA) upholding petitioner's order of removal under 8 U.S.C. section 1101(a)(43)(F) for being convicted of an aggravated felony, the petition is granted where: 1) although the argument petitioner presented to the BIA was not identical to that which he raised in his petition for review, the arguments were sufficiently related to establish that he presented his ground for relief to the administrative agency in the first instance; and 2) the BIA erred as a matter of law in concluding that petitioner could not legally plead guilty to an attempted violation of N.Y. Penal Law 120.10(3) or (4).

(U.S. 1st Cir., Government Law, Immigration Law) A Colombian citizen's petition for review of a decision denying his applications for asylum and related relief is denied as the IJ's negative credibility assessment regarding petitioner's allegations that he was threatened by the FARC Guerrillas was amply supported by a specific and cogent explanation based on substantial evidence.

(U.S. 9th Cir., Criminal Law & Procedure, Immigration Law, Sentencing) Defendant's sentence for reentry into the U.S. following deportation is affirmed where a "Johnson waiver" in California state court had no effect on the determination of whether a defendant qualifies for a point increase under United States Sentencing Guidelines Manual section 4A1.1, Criminal History Category.

(U.S. 9th Cir., Administrative Law, Immigration Law) In a petition for review of the Board of Immigration Appeals' (BIA) denial of petitioner's motion to reopen and remand, the petition is denied where the adoption of an international trade agreement did not amount to changed country conditions that resurrected his late-filed motion.

(U.S. 4th Cir., Administrative Law, Government Law, Immigration Law) Mexican citizens' petition for review of a decision dismissing their appeal of an IJ's denial of the husband's application for adjustment of status is denied as, under a Chevron analysis, the BIA's interpretation of sections 1182(a)(9)(C)(i)(I) and 1255(i) must be given deference, and thus, because petitioner is inadmissible under section 1182(a)(9)(C)(i)(I), he cannot adjust his status under section 1255(i).