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FEB232022_02G1103
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 23, 2022
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A. The Co-Obligor Received Notice of the Time and Place to Deliver the Foreign National
The first issue on appeal is whether the Obligor received notice of when and where to deliver the bonded foreign national. The ICE Field Office determined that the Obligor breached a delivery bond, as the foreign national was not delivered upon request. The regulation a…
FEB222022_01A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Applicant, a native and citizen of Mexico , was granted U-2 nonimmigrant status from March 2014 to October 2017, and timely filed his U adjustment application in October 2017. The Director denied the application, concluding that the Applicant had not submitted sufficient evidence to establish that he merited a favorable exercise of discretion. In our pr…
FEB222022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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A. Relevant Facts and Procedural History In 2016, when the Petitioner was 20 years of age, the New York Family Court forl I (Family Court) appointed guardianship of the Petitioner to U-S-, 1 finding that such "appointment shall last until [the Petitioner]'s 21st birthday .... " Three days later, the Family Court issued an ORDER SPECIAL JUVENILE STATUS (SIJ…
FEB222022_01D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Applicant is a citizen of Haiti who entered the United States in 1985 or 1986. She filed her T application in February 2019. The Director denied the T application based on a conclusion that the Applicant had not established that she is physically present in the United States on account of a severe form of trafficking in persons.
A. The Applicant's Traf…
FEB222022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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Both the Director and this office have laid out the facts of this case in our respective prior decisions, and we incorporate them here by reference. The record demonstrates the Petitioner had the following criminal history: an 1996 conviction for prostitution under Oregon Revised Statutes Annotated (ORS) section 167.007; a I 1999 conviction for unlawful pos…
FEB222022_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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In dete1mining whether a crime is a violent or dangerous crime for purposes of discretion, we are not limited to a categorical inquiry but may consider both the statutory elements and the nature of the actual offense. See Torres-Valdivias v. Lynch, 786 F. 3d 114 7, 1152 (9th Cir. 2015); Waldron v. Holder, 688 F.3d 354,359 (8th Cir. 2012) [see also Cisneros…
FEB222022_02A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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In our prior decision dismissing the Applicant's appeal, incorporatedhere by reference, we determined that he had not established that his continued presence in the United States was justified on humanitarian grounds, to ensure family unity, or was otherwise in the public interest, as required by section 245(m)(l )(B) of the Act, because his criminal histor…
FEB222022_02B5203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Director found that the Petitioner qualifies as a member of the professions holding an advanced degree. Although the Director found that the proposed endeavor has substantial merit, the Director concluded that the record does not establish that the Petitioner's endeavor has national importance. The Director also concluded the record did not satisfy the…
FEB222022_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Applicant, a native and citizen of Honduras , most recently entered the United States without inspection, admission, or parole in 2018 . In May 2019, he filed the instant T application.
A. The Applicant's Trafficking Claim
In his written statements before the Director, the Applicant explained that after attempting to travel to the United States in 2008…
FEB222022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Petitioner acknowledges entering the United States for the first time without inspection, authorization, or parole in 1971, and then last entering the country illegally in 1997 following his removal in 1996 pursuant to a formal order issued by an Immigration Judge. The record further reflects
that the Petitioner was arrested on numerous occasions, resu…
FEB222022_02H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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On appeal, the Applicant contests that he is inadmissible for a crime involving moral turpitude under section 212(a)(l)(A)(i)(I) of the Act. Further, he submits additional evidence in support of his claim that his U.S. citizen father and lawful permanent resident mother will experience extreme hardship if he is denied admission and they remain in the United…
FEB222022_03D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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A. Relevant Evidence and Procedural History The Petitioner filed his U petition in December 2015. In the underlying record, the Petitioner submitted a Supplement B, which was certified in August 2015 by a deputy chief in thel I Police Department inl !Tennessee. In response to Part 3.1 of the Supplement B, which provides check boxes for the 28 qualifying cri…
FEB222022_03H2212
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Director found that the Applicant's two assault convictions render the Applicant inadmissible under sections 212(a)(2)(A)(i)(I), (B) of the Act. The Applicant does not contest this finding and we will not disturb the Director's determination. The issue on appeal is whether the Applicant has demonstrated his qualifying relatives would experience extreme…
FEB222022_04A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Applicant, a 49-year old native and citizen of Mexico, entered the United States without inspection, admission, or parole in 1998. The Applicant was granted U-1 status from October 2014 until October 2018 as a victim of domestic violence who was helpful to law enforcement in the investigation or prosecution of the crime. The Applicant timely filed the i…
FEB222022_04D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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A. Relevant Facts and Procedural History The Petitioner, a native of Mexico, filed her U petition in May 2016 based upon an incident of aggravated stalking by her former spouse. With her U petition, she submitted an April 2016 Supplement B from the Chief of Police of thel !Police Department (certifying agency) in I I Georgia. In response to Part 4.2 of the…
FEB222022_05A6245
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Applicant is a native and citizen of Mexico who entered the United States without inspection, admission, or parole in 1996. USCIS granted the Applicant U nonimmigrant status from October of 2015 to September of 2019 as a victim of felonious assault who was helpful in the investigation of the crime. The Applicant timely filed the U adjustment application…
FEB222022_05D14101
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
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The Director denied the derivative U petition in October 2021, determining that the Petitioner no longer held U nonimmigrant status, and therefore, no qualifying family relationship existed between the Petitioner and the Derivative when the derivative U petition was adjudicated. The Director noted that the Petitioner was granted U nonimmigrant status from D…
FEB222022_06A6245
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 22, 2022
—
The Applicant is a native and citizen of Mexico who entered the United States without inspection, admission, or parole in 2008. USCIS granted the Applicant U nonimmigrant status from October of 2015 to September of 2019 as a victim of felonious assault who was helpful in the investigation of the crime. The Applicant timely filed the U adjustment application…
FEB192022_01C6101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 19, 2022
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A. Procedural History
The Director denied the SIJ petition, concluding the record did not contain a qualifying parental reunification determination for the Petitioner or a reasonable factual basis for the best interest determination. We dismissed the Petitioner's subsequent appeal, determining the Petitioner is a member of the R.F.M v. Nielsen class, 365 F.…
FEB182022_01B2203
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 18, 2022
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The Petitioner describes herself as a "Radio, Television, and Short Film producer, focusing primarily on journalism production." The Petitioner states that she has acted as a producer in Venezuela and, since 2013, in the United States, in thel I area. Her work in the United States, discussed in more detail below, includes radio, television, and print work.…
FEB182022_01B9204
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 18, 2022
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The Petitioner, a native and citizen of Jordan, married his U.S. citizen spouse, S-B-M-1 onl I D 2010, while the Petitioner was in removal proceedings and one day after the termination of his marriage to R-M-S-K-. The Petitioner filed his VAWA petition in August 2018. The Director denied the petition, concluding the Petitioner had not met his burden of esta…
FEB182022_01D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 18, 2022
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A. Relevant Facts and Procedural History The Petitioner filed her U petition in January 2016, accompanied by a Supplement B that was signed and certified by the Chief of the Town ofl I Police Department inl I Wisconsin (certifying official) in July 2015, based on criminal activity committed against the Petitioner in I ]2011. In part 3 .1 of the Supplement B…
FEB182022_01H2212
Remanded
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 18, 2022
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On appeal, the Applicant asserts that the crimes of which he was convicted were not violent or dangerous and contends that he merits a favorable exercise of discretion. The Applicant also submits new evidence in the form of an expert opinion from a foreign practicing attorney, who has specialized in the Russian Federation's criminal law and has practiced th…
FEB182022_02D12101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 18, 2022
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The Applicant, a citizen of Mexico, most recently entered the United States without inspection, admission, or parole in 1994. In September 2018, the Applicant filed the instant T application, asserting that she was the victim of labor trafficking. The Director denied the Tapplication concluding that the record did not establish that she was physically prese…
FEB182022_02D14101
Dismissed
v3_no_parsed_rules_gpt52: Missing
v3_no_parsed_rules_gpt5mini_med: Missing
Feb 18, 2022
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A. Relevant Facts and Procedural History In May 2016, the Petitioner filed the instant U petition. In support of her claim, the Petitioner submitted a Form I-918, Supplement B, U Nonimmigrant Status Certification (Supplement B), as well as her personal statement and an investigative report from the police department. Subsequently, in response to a request f…