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Seeking reconsideration of denied "Pereira" MTT under Lorenzo Lopez precedent.
Post On Jul. 20, 2019
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New precedent Lorenzo Lopez v. Barr, No. 15-72406 May 22, 2019 (9th Cir. 2019) allows to move the BIA to reconsider denial of "Pereira" motion to terminate for lack of subject-matter jurisdiction. This precedent expressly held, that Pereira overruled Popa, - something the BIA pretends not to see....

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Professional License Application and Disclosure of a Criminal Record and Proof of Rehabilitation
Post On Apr. 04, 2019
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I recently wrote about real estate applicant who failed to disclose a criminal conviction on his Real Estate Commission application. Upon discovery he was disciplined and his license was revoked. Today’s guide involves the exact opposite result for one of my clients. The Crime - a Hearing - A...

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Understanding the Arbitrary and Capricious Standard Upon Appeal from a State Agency’s Decision
Post On Jan. 24, 2019

If one wants to challenge the final decision of a state agency, they may be able to appeal that decision to a higher court. For the appeal to be successful, there must be a basis for overturning or amending the agency’s decision, such as a finding that the decision was “arbitrary and capricious."...

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How to Navigate the Administrative Remedies Process

We all deal with administrative agencies on a regular basis, whether it be through renewal of our cars’ yearly registrations, paying taxes, or through receiving and maintaining licensures to engage in certain professions such as medicine or teaching. Conflicts can arise between persons and agencies...

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Issuances of Notices to Appear Following Denial of Certain Benefits, Petitions, and Applications
Post On Jan. 22, 2019
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This guide will explain the policy memorandum issued by Department of Homeland Security’s United States Citizenship and Immigration Services (“USCIS”) on June 28, 2018. Executive Order 13768 - Pre-June 28, 2018 USCIS Policy On January 25, 2017 the President of the United States signed Executive...

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The 4 Most Important Factors to Winning a Social Security Disability Case

This guide will give the four factors that I see as the most important factors to win your Social Security Disability Case. Those factors are consistent medical treatment, medical opinions, work history, and age. Consistent Medical Treatment The single most important factor in winning your...

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Freedom Of Information Act Requests: A Powerful Tool In Immigration Matters

Freedom of Information Act (FOIA) requests are a powerful tool for immigration matters. Under FOIA, you can obtain copies of any documents that federal agencies have pertaining to you and your case. FOIA requests allow you to get copies of documents you may have lost or find info from your past....

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7 THINGS YOU SHOULD KNOW ABOUT DIVORCE IN MISSISSIPPI

The fundamentals of Mississippi divorce law and procedure. Mississippi's Venue and Residency Requirements In Mississippi, divorces are heard in what is known as Chancery Court, which is a carryover from the English judicial system. Each county in Mississippi has its own Chancery Court and the...

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GPS & Technology: Divorce Friend or Foe?
Post On Aug. 16, 2013
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Every day we are bombarded by advertisers with the latest and hottest “must have" technology product. We are told by Apple, Samsung, and a host of other vendors that without their “latest" products we are falling behind and out of style. Increasingly, these new technologies are being used as forms...

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What Happens at a Pennsylvania DUI Preliminary Hearing
Post On Feb. 10, 2013
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The purpose of a preliminary hearing is to allow a magisterial district judge to determine whether the government can demonstrate a prima facie case against the defendant. A prima facie case requires, in layman’s terms, the government to demonstrate that it is more likely than not that: (1) a crime...

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Asylum in Immigration Court - Coercive Population Control Asylum
Post On Oct. 21, 2011
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Nikki Mehrpoo Jacobson Attorney at Law / Professor of Law email@nikkijacobson.com THE JACOBSON LAW FIRM, APC Immigration & Nationality ǀ Workers' Compensation 510 West 6th St. Suite 326 Los Angeles , CA 90014 (310) 277-2266 (310) 277-3366 FAX Los Angeles Immigration Lawyers - Free Consultation www....

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Dangers in Using Unauthorized Representatives (Notarios) When Preparing Immigration Documents
Post On Jul. 31, 2011
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Definition of Authorized Legal Representative An authorized legal representative is a person who is permitted by law to provide legal assistance to concerning immigration law and procedure. Attorneys licensed in the United States can provide immigration advice so long as they are permitted to...

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Basic Guide to Maryland Drivers License Suspension and Revocation Hearings
Post On May 16, 2011
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Under Maryland law and regulation, the Maryland Motor Vehicle Administration (MVA) has the duty to administer the motorist license system and to call motorists in for a "Point System Conference" and send motorists to driver improvement programs or "DIP." More ominously, the MVA can suspend or even...

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Adverse Possession Lawsuits: Washington State
Post On Apr. 10, 2011
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Boundary Disputes For many years, much of my practice has involved advising clients in neighbor disputes. These disputes have involved boundary issues, trespassing and damage claims, restrictions to views, and blocking of easements. While timber trespass (cutting down a neighbor’s tree) cases can...

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FREQUENTLY ASKED QUESTIONS ABOUT LONG ISLAND TRAFFIC TICKETS (full version at traffic-lawyer.com)
Post On Mar. 27, 2011
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FAQ 1 - Should I plead guilty to my traffic ticket? NO. Never plead guilty! I can't begin to tell you how many clients plead guilty to a first speeder and then wind up suspended because they get another one soon after. How your case is handled depends upon WHAT COURT you are to appear before and...

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Obtaining Records through a FOIA from the Board of Immigration Appeals
Post On Sep. 06, 2010

The Freedom of Information Act (FOIA) provides the public access, with certain exceptions, to federal agency records. The Office of General Counsel, Executive Office for Immigration Review, responds to FOIA requests for Board records. Parties wanting to inspect the record may obtain a FOIA from the...

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Creating an Easement Chapter 6 Easement by Prescription pt 3

Relocation – "[T]here is no per se prohibition against a landowner relocating a prescriptive easement unless such action completely denies the easement holder the intended use of the original easement. [cite omitted]. Rather, courts employ the test of whether the relocation will unreasonably...

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