IMMIGRATION LAW CLASS.

Miguel entered the United States from Mexico, crossing at the border in Texas. He was discovered by CBP agents within a week of his arrival, while he and others hid in a safe house, waiting for their guide to lead them to the local Greyhound bus station so that they could each continue to their destinations to find family and friends. Miguel is detained and appears before an immigration judge. He has no immediate family members here who can file a relative petition for his benefit and is not afraid to return to his native Mexico. Miguel is unhappy about the conditions of his detention and wants to leave as quickly as possible.

Refer back to the NTA in Figure 10.1. Which of the three category boxes do you think would apply to him? What are his options?

Yang is from China. He has been an LPR since he arrived here in 1989, after the relative petition his brother filed for him was approved. Recently, Yang was diagnosed with bipolar disorder and placed on medications. However, he would not take them regularly because he complained they made him drowsy. On January 1, 2012, Yang was in a local grocery store when he started yelling at one of the customers, accusing him of being the devil. When the customer tried to move away, Yang lunged at him and began to strangle him violently with his hands, causing the customer to choke. Eventually Yang was wrestled off and the police came to arrest him. He was charged with assault and sentenced to 364 days in prison with five years' probation. Following completion of his sentence, Yang traveled to visit his family in China. On his return two weeks later, he was questioned about his conviction and placed into removal proceedings by CBP.

Would Yang be eligible for LPR cancellation, or will the "stop-time" rule apply to prevent Yang from demonstrating the requisite continuous presence requirement? Assume Yang only arrived six years ago, with all other facts the same. Would your answer be different and if so, why?

xtra Credit (5/8) - Spring X 121 CH10 (due 4/14) - Spring X Understanding Immigration X * Hom 18623/22/#/4/2[chapter10]/12/12/14/2/2[fig_10_1]/2,/1:0,/1:0 A Gmail YouTube Discover Maps Profile Advantage G Google s Enforcement. DEPARTMENT OF HOMELAND SECURITY NOTICE TO APPEAR In removal proceedings under section 240 of the Immigration and Nationality Act: Event No: CHX2 Subject ID : SIGNA Event: DOB 1 File No: In the Matter of Respondent: currently residing at: (Number, street, city, state and ZIP code) (Area code and phone number) You are an arriving alien. You are an alien present in the United States who has not been admitted or paroled. x You have been admitted to the United States, but are removable for the reasons stated below. The Department of Homeland Security alleges that you: 1. You are not a citizen or national of the United States, 2. You are a native of Afghanistan and a citizen of Afghanistan; 3. You were admitted to the United States at Andrew's Airforce Base on or about as a nonimmigrant Foreign Official on with authorization to remain in the United s for duration of catuny. 4. You left your position as a foreign official and remained in the United States in violation of you're nonimmigrant status. Q Search