Law Office of Ogunji, PLLC

05/18/2022

U.S SUPREME COURT LIMITS JUDICIAL REVIEW OF FACTUAL DETERMINATIONS MADE BY U.S IMMIGATION COURT

The U.S Supreme Court on Monday, May 16, 2022, interpreting a Federal Immigration Statute — 8 U.S.C. § 1252(a)(2)(B)(i), limited the ability of Federal Courts to review certain factual findings in immigration proceedings that determine whether non-citizens/aliens facing deportation proceedings will be deported or will be allowed to remain in the U.S.

The decision in Patel v. Garland , involved a couple from India, Mr Pankajkumar Patel and his wife, Jyotsnaben(The Couple).

Whereas, the couple entered the United States without authorization in the 1990s. They applied for “adjustment of status,” a discretionary relief available to certain group of aliens in the U.S which relief protects them from deportation and makes them become lawful permanent residents(Green Card holders) of U.S. Mr Patel had applied to U.S Citizenship and Immigration Services(USCIS) for Adjustment of Status, but USCIS denied the application on the ground that Mr Patel had previoulsy misrepresented his citizenship on an application for a Georgia driver’s license by checking the box that he was a U.S citizen, a fact USCIS was aware of.

As a result of the denial by USCIS, Mr Patel was placed in immigration proceedings. The Immigration Judge found that Mr Patel misrepresented his citizenship, consequently ordered him and his wife removed from United States. Mr Patel appealed to the Board of Immigtation Appeal(BIA). BIA denied his appeal. Mr Patel then petitioned Federal Court for review of these determinations. But the Supreme Court eventually held that Federal Immigration Statute — 8 U.S.C. § 1252(a)(2)(B)(i) — prevents federal courts from reviewing factual findings that are connected to the executive branch’s judgments about granting discretionary immigration relief.

Therefore, determination by the immigration judge and BIA that Mr Patel misrepresented his citizenship of Georgia,s driver license application are not subject to judicail review.
In other words, certain determinations by immigration court (and BIA) of issue(s) of FACTS (for instance, the mirespresentation by Mr Patel here) rather than determination of issue(s)LAW, cannot be reviewed by federal court by virtue of 8 U.S.C. § 1252(a)(2)(B)(i).

S. Akin Ogunji, Esq.,
Dallas TX based Immigration Attorney

06/18/2021

IMMIGRATION ALERT:

I noticed some websites and some unscrupulous people in other social media platforms where Nigerians source information on the internet have been advertising the 2021 U.S Visa Lottery stylishly suggesting that Nigeria(ns) will be eligible to participate in the congressionally mandated yearly U.S Diversity Visa Lottery of 2021.

Please, take notice that, all the information in those websites and other social media platforms is FAKE. It is SCAM. U.S Visa Lottery for 2021, as of today, June 18, 2021, has not begun. And, also,Nigeria, as of today, June 2021, has not been determined eligible (again) to participate in the Lottery.

Please, take further notice that the only accurate information on U.S Diversity Lottery for 2021 will only be available at ng.usembassy.gov and travel.state.gov.

S. Akin Ogunji, Esq.,
Dallas TX based Immigration Attorney

The mission of the United States Embassy is to advance the interests of the United States, and to serve and protect U.S. citizens in Nigeria.

06/09/2021

IMMIGRATION LAW ALERT:

Today, June 9, 2021, by its Volume 10: Employment Authorization, Part B, Specific Categories, Chapter 4, Adjustment
Applicants Under Immigration and Nationality Act (INA) 245, United States Citizenship and Immigration Services(USCIS) will now issue initial and renewal Employment Authorization Document-EAD)(colloquially known as "Work Authorization) to Adjustment of Status for Applicant(s) to be valid for 2(two) years. Before today, Adjustment of Status Applicants' EAD is valid for 1(one)Year, but renewable. According to USCIS , this amended policy is necessary to reduce the burden on both
the agency(USCIS) and the public, because the current median processing time for certain adjustment of status
applications is close to or greater than 1(one) Year.

Adjustment of Status is a process which allows a permanent resident(also known as "Green Card applicant) who is physically present in the United States, and eligible to apply for Green Card through family, employment etc, to apply for Green Card without departing the United States to apply for an immigrant visa abroad. USCIS's Adjustment of Status Form is currently known as Form I-485.

Initial EAD application occurs when an applicant is applying for adjustment and he/she includes an application for EAD in the adjustment package or after filing while replacement occurs when the EAD's holder's card has been lost, stolen, mutilated, or when the previously issued card contains erroneous information, such as a misspelled name.

Sunday Akin Ogunji, Esq.,
Dallas , TX based Immigration Attorney.

08/27/2020

https://www.uscis.gov/news/news-releases/uscis-averts-furlough-of-nearly-70-of-workforce

U.S. Citizenship and Immigration Services today announced that the agency will avert an administrative furlough of more than 13,000 employees, scheduled to begin Aug. 30 as a result of unprecedented spending cuts and a steady increase in daily incoming revenue and receipts.

05/06/2020

AVOID IMMIGRATION SCAM!

These are desperate times that scammers are insensitively/opportunistically capitalizing on to perpetrate immigration scam on vulnerable would be immigrants/non-immigrants. This has forced the Nigerian Embassy in the United States to issue a disclaimer in respect of United States E Visa attributed to it on Facebook.

Read...............

05/05/2020

IMMIGRATION INFO:

For your family members and friends' families in Nigeria who might be interested, you may want to recommend to them this year(2020) United States/Nigeria Education/Culture Exchange Program....

APPLICATION OPENS APRIL 15, 2020 AND CLOSES MAY 31, 2020 There are many determined and talented, low-income students in Nigeria who only require financial resources and access to information to better their educational future. For the 11th year, the United States Embassy, Nigeria seeks to identify a...

01/19/2020

United States Has Lifted Non-Immigrant Visa Restrictions on Ghana

The restrictions were imposed in February 2019 as the U.S Department of Homeland Security and Department of State said Ghana was failing to co-operate in the process of accepting its citizens who were ordered removed by the Immigration Courts from the U.S.

Whereas, under previous U.S Administrations, some countries in Central America, South America, Asia , Africa and Europe would, with no consequential diplomatic sanctions by the United States, refuse to accept (some) of their citizens deported from the United States.

Sunday Akin Ogunji, Esq.
Is a Dallas TX U.S based
Immigration Attorney..

See underneath Statement from U.S Dept of State......

Statement-on-the-end-of-u-s-non-immigrant-visa-restrictions-in-ghana/

12/26/2019

Immigration News About Liberians...

In what is considered good news to Liberians, today(December 26, 2019), U.S. Citizenship and Immigration Services(USCIS) announced that it will begin accepting applications to adjust status to Lawful Permanent Resident(Green Card Holder) from certain Liberian Nationals under Section 7611 of the National Defense Authorization Act (PDF) for fiscal year 2020, Liberian Refugee Immigration Fairness (LRIF), signed into law on Dec. 20, 2019 by President Donald Trump.

To be eligible for Permanent Residence (Green Card) under LRIF, a Liberian National must have been continuously physically present in the United States from Nov. 20, 2014, to the date they properly file an application for adjustment of status. USCIS will accept properly filed applications until Dec. 20, 2020, one year from the enactment of the LRIF.

Applicants must be otherwise eligible to receive an Immigrant Visa and be admissible to the United States. The spouses, unmarried children under 21, and unmarried sons and daughters 21 or older of eligible Liberian nationals are also eligible for Green Cards.

It is noteworthy that the following grounds of inadmissibility do not apply to applicants under the LRIF:

Public Charge (INA 212(a)(4));
Labor Certification Requirements (INA 212(a)(5));
Aliens Present Without Admission or Parole (INA 212(a)(6)(A)); and
Documentation Requirements (INA 212(a)(7)(A).
Aliens are ineligible under LRIF if they have:

Been convicted of any aggravated felony;
Been convicted of two or more crimes involving moral turpitude (other than a purely political offense); or
Ordered, incited, assisted or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group or political opinion.

Sunday Akin Ogunji, Esq.
Is a Dallas TX based
Immigration Attorney

12/23/2019

A Nigerian Man Who Was In Removal(Deportation) Proceedings Having Been Convicted of A S*x Offence And Assault has died in The Custody Of U.S Immigration and Customs Enforcement in the State of Maryland.......................

Find attached the story from the Website of ICE

https://www.ice.gov/news/releases/nigerian-man-ice-custody-passes-away-maryland

Sunday Akin Ogunji, Esq
Is a Dallas TX based
Immigration Attorney

A Nigerian man in the custody of U.S. Immigration and Enforcement (ICE) at the Worcester County Jail in Snow Hill, Maryland, passed away Saturday morning at the facility.

12/21/2019

U.S Places Nigeria On "Special Watch List" On "Religious Persecution"- Impact on Immigration..

United States, through the State Department, has placed Nigeria on the Special Watch List which means Nigeria is, for now, considered formally by the U.S as a country which government "has engaged in or tolerated severe violations of religious freedom". Nigeria joins Cuba, Sudan, Uzbekistan and Russia on the list.

This designation could significantly make stronger the cases/applications of Nigerians who are seeking to Change (Immigration) Status through Asylum in the United States on the Ground of Religion.

In a statement by U.S Secretary of State, he remarked, "we believe that everyone, everywhere, at all times, should have the right to live according to the dictates of their conscience".

See the current Special Watch List....

https://www.state.gov/united-states-takes-action-against-violators-of-religious-freedom/

Sunday Akin Ogunji, Esq.
Is a Dallas TX based Immigration Attorney.

The protection of religious freedom is a top Trump Administration foreign policy priority. The U.S. continues to work diligently to promote religious freedom and combat abuses.

07/24/2019

United States Immigration (Expedited Removal of Designated Aliens)

Today, July 23, 2019, United States, via Department of Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Notices, announced expedited removal of designated Aliens who are otherwise inadmissible and have been physically present in the United States for less than two years.

In summary, the Notice "enables the Department of Homeland
Security (DHS) to exercise the full
remaining scope of its statutory
authority to place in expedited removal,
with limited exceptions, aliens
determined to be inadmissible under
sections 212(a)(6)(C) or (a)(7) of the
Immigration and Nationality Act (INA
or the Act) who have not been admitted
or paroled into the United States, and
who have not affirmatively shown, to
the satisfaction of an immigration
officer, that they have been physically
present in the United States
continuously for the two-year period
immediately preceding the date of the
determination of inadmissibility".

What this basically means is that an Alien(Indian, Nigerian, Nigerian, Ghanaian, Canadian, Mexican etc) who:

i. Has been physically present in the United States less than two years as of the day he/she encounters a United States immigration officer; and,

ii. Was not admitted into United States. That is, an alien who has a visa or not but who immigration officers with authority m didn't/don't permit, in accordance with the Law, to enter into United States at any United States Port of Entry ie airport; or,

iii. Was not paroled into United States. That is, aliens without visa who found their way into United States without permission or those with expired US Green Card whilst outside United States but found their way back to the United States without permission or those with US Green Card but stayed outside United States for more than one year and found their way back to the United States without permission.

Therefore, an alien:
i. Who was/is admitted into the United States but may have outstayed his/her U.S Visa(B1, B2, F1 etc) and/or I-94 as of the day he/she encounters a U S Immigration Officer; and,

ii. Who was/is paroled into United States but may have violated the terms of the Parole as of the day he/she encounters a U. S Immigration Officer,

is, strictly speaking, not affected by this Notice. It only affects an alien who came/comes into United States illegally. That is, in colloquial terms, an alien who sneaks into United States.

Expedited Removal, by the way, is a process where an alien who is deportable will not be brought before an immigration court where, currently, it takes between one and three years to complete adjudication; rather, an immigration officer will determine the deportability or otherwise of the alien within days. Note that this process is been part of United States immigration process for decades.


Sunday Akin Ogunji, Esq,
Immigration Attorney,
Dallas TX USA.
Email: [email protected]
Website: www.ogunjilaw.com