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                (
                    [ArticleID] => 925129
                    [Title] => Court gives retroactive (nunc pro tunc) effect to ‘legally backdated’ adoption decree
                    [Summary] => 
One of the requirements to petition an adopted child is that the adoption must take place before the child’s 16th birthday.

                    [DatePublished] => 2013-03-31 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
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                (
                    [ArticleID] => 776352
                    [Title] => Ninth Circuit asks DHS if it intends to exercise 'prosecutorial discretion' on cases pending before the court
                    [Summary] => 
On Feb. 6, 2012, the Ninth Circuit Court of Appeals (which is one level below the US Supreme Court) published five separate decisions, requesting that the government advise the court on whether, “the government intends to exercise prosecutorial discretion in this case and, if so, the effect, if any, of the exercise of such discretion on any action to be taken by this Court.”
                    [DatePublished] => 2012-02-12 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

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                    [ArticleID] => 638195
                    [Title] => NVC must send notice 'to the alien' before terminating visa registration
                    [Summary] => 
On my show, Citizen Pinoy, I always remind people to keep their addresses current with the National Visa Center (NVC) while waiting for the priority date on their approved petition to become current. In many cases, the wait for an immigrant visa can be from 10 to 25 years!
                    [DatePublished] => 2010-12-12 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [3] => Array
                (
                    [ArticleID] => 510690
                    [Title] => New hope for people who 'admitted' drug use to doctors at St. Luke's
                    [Summary] => 
In two recent decisions, the Administrative Appeals Office (AAO) held that when an alien was not given an adequate definition of a drug crime, including all essential elements, any admission or confession by that alien of the crime could not be used against him for immigration purposes.
                    [DatePublished] => 2009-10-04 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [4] => Array
                (
                    [ArticleID] => 8261
                    [Title] => US judge refuses to stop states from probing domestic spying
                    [Summary] => 
            
                    [DatePublished] => 2007-07-25 13:15:00
                    [ColumnID] => 133272
                    [Focus] => 0
                    [AuthorID] => 
                    [AuthorName] => 
                    [SectionName] => Nation
                    [SectionUrl] => nation
                    [URL] => 
                )

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                (
                    [ArticleID] => 388906
                    [Title] => Alien saved from deportation because of consultants’ misconduct
                    [Summary] => 








In a recent unpublished decision, the Ninth Circuit Court of Appeals (which is one court below the US Supreme Court) ruled that an alien should have his deportation proceedings reopened because he was misled by immigration consultants.


                    [DatePublished] => 2007-03-11 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [6] => Array
                (
                    [ArticleID] => 377603
                    [Title] => Courts continue to uphold lifetime ban for admitting drug use to doctors at St. Luke’s
                    [Summary] => 






Dear Atty. Gurfinkel:


I am a US citizen, and petitioned my husband in the Philippines. When he went to St. Luke’s for his medical exam, the doctors asked him if he had ever smoked marijuana in his life. Although he is now in his mid-40s, he told the doctor that back when he was 18, he smoked marijuana a couple of times, but that was it. 


                    [DatePublished] => 2006-12-31 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [7] => Array
                (
                    [ArticleID] => 315599
                    [Title] => ‘Alien smuggling’ requires an affirmative act of assistance
                    [Summary] => Recently, the Ninth Circuit Court of Appeals (which is one level below the U.S. Supreme Court) held that a person was not guilty of alien smuggling, despite being fully aware that an illegal alien was in the trunk of the car in which she was riding, and she knew fully well that the alien was trying to enter the U.S. in violation of U.S. immigration laws.  


                    [DatePublished] => 2006-01-08 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

        )

)

NINTH CIRCUIT

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            [0] => Array
                (
                    [ArticleID] => 925129
                    [Title] => Court gives retroactive (nunc pro tunc) effect to ‘legally backdated’ adoption decree
                    [Summary] => 
One of the requirements to petition an adopted child is that the adoption must take place before the child’s 16th birthday.

                    [DatePublished] => 2013-03-31 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [1] => Array
                (
                    [ArticleID] => 776352
                    [Title] => Ninth Circuit asks DHS if it intends to exercise 'prosecutorial discretion' on cases pending before the court
                    [Summary] => 
On Feb. 6, 2012, the Ninth Circuit Court of Appeals (which is one level below the US Supreme Court) published five separate decisions, requesting that the government advise the court on whether, “the government intends to exercise prosecutorial discretion in this case and, if so, the effect, if any, of the exercise of such discretion on any action to be taken by this Court.”
                    [DatePublished] => 2012-02-12 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

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                (
                    [ArticleID] => 638195
                    [Title] => NVC must send notice 'to the alien' before terminating visa registration
                    [Summary] => 
On my show, Citizen Pinoy, I always remind people to keep their addresses current with the National Visa Center (NVC) while waiting for the priority date on their approved petition to become current. In many cases, the wait for an immigrant visa can be from 10 to 25 years!
                    [DatePublished] => 2010-12-12 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

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                (
                    [ArticleID] => 510690
                    [Title] => New hope for people who 'admitted' drug use to doctors at St. Luke's
                    [Summary] => 
In two recent decisions, the Administrative Appeals Office (AAO) held that when an alien was not given an adequate definition of a drug crime, including all essential elements, any admission or confession by that alien of the crime could not be used against him for immigration purposes.
                    [DatePublished] => 2009-10-04 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [4] => Array
                (
                    [ArticleID] => 8261
                    [Title] => US judge refuses to stop states from probing domestic spying
                    [Summary] => 
            
                    [DatePublished] => 2007-07-25 13:15:00
                    [ColumnID] => 133272
                    [Focus] => 0
                    [AuthorID] => 
                    [AuthorName] => 
                    [SectionName] => Nation
                    [SectionUrl] => nation
                    [URL] => 
                )

            [5] => Array
                (
                    [ArticleID] => 388906
                    [Title] => Alien saved from deportation because of consultants’ misconduct
                    [Summary] => 








In a recent unpublished decision, the Ninth Circuit Court of Appeals (which is one court below the US Supreme Court) ruled that an alien should have his deportation proceedings reopened because he was misled by immigration consultants.


                    [DatePublished] => 2007-03-11 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [6] => Array
                (
                    [ArticleID] => 377603
                    [Title] => Courts continue to uphold lifetime ban for admitting drug use to doctors at St. Luke’s
                    [Summary] => 






Dear Atty. Gurfinkel:


I am a US citizen, and petitioned my husband in the Philippines. When he went to St. Luke’s for his medical exam, the doctors asked him if he had ever smoked marijuana in his life. Although he is now in his mid-40s, he told the doctor that back when he was 18, he smoked marijuana a couple of times, but that was it. 


                    [DatePublished] => 2006-12-31 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

            [7] => Array
                (
                    [ArticleID] => 315599
                    [Title] => ‘Alien smuggling’ requires an affirmative act of assistance
                    [Summary] => Recently, the Ninth Circuit Court of Appeals (which is one level below the U.S. Supreme Court) held that a person was not guilty of alien smuggling, despite being fully aware that an illegal alien was in the trunk of the car in which she was riding, and she knew fully well that the alien was trying to enter the U.S. in violation of U.S. immigration laws.  


                    [DatePublished] => 2006-01-08 00:00:00
                    [ColumnID] => 134402
                    [Focus] => 0
                    [AuthorID] => 1805111
                    [AuthorName] => Michael J. Gurfinkel
                    [SectionName] => Opinion
                    [SectionUrl] => opinion
                    [URL] => 
                )

        )

)

abtest

Court gives retroactive (nunc pro tunc) effect to ‘legally backdated’ adoption decree

By IMMIGRATION CORNER | By Michael J. Gurfinkel | March 31, 2013 - 12:00am

One of the requirements to petition an adopted child is that the adoption must take place before the child’s 16th birthday.

Opinion

Ninth Circuit asks DHS if it intends to exercise 'prosecutorial discretion' on cases pending before the court

By IMMIGRATION CORNER | By Michael J. Gurfinkel | February 12, 2012 - 12:00am

On Feb. 6, 2012, the Ninth Circuit Court of Appeals (which is one level below the US Supreme Court) published five separate decisions, requesting that the government advise the court on whether, “the government...

Opinion

NVC must send notice 'to the alien' before terminating visa registration

By IMMIGRATION CORNER | By Michael J. Gurfinkel | December 12, 2010 - 12:00am

On my show, Citizen Pinoy, I always remind people to keep their addresses current with the National Visa Center (NVC) while waiting for the priority date on their approved petition to become current. In many cases,...

Opinion

New hope for people who 'admitted' drug use to doctors at St. Luke's

By IMMIGRATION CORNER | By Michael J. Gurfinkel | October 4, 2009 - 12:00am

In two recent decisions, the Administrative Appeals Office (AAO) held that when an alien was not given an adequate definition of a drug crime, including all essential elements, any admission or confession by that...

Opinion

US judge refuses to stop states from probing domestic spying

July 25, 2007 - 1:15pm

Nation

Alien saved from deportation because of consultants’ misconduct

By IMMIGRATION CORNER | By Michael J. Gurfinkel | March 11, 2007 - 12:00am

In a recent unpublished decision, the Ninth Circuit Court of Appeals (which is one court below the US Supreme Court) ruled that an alien should have his deportation proceedings reopened because...

Opinion

Courts continue to uphold lifetime ban for admitting drug use to doctors at St. Luke’s

By IMMIGRATION CORNER | By Michael J. Gurfinkel | December 31, 2006 - 12:00am

Dear Atty. Gurfinkel: I am a US citizen, and petitioned my husband in the Philippines. When he went to St. Luke’s for his medical exam, the doctors asked him if he had ever smoked marijuana in...

Opinion

‘Alien smuggling’ requires an affirmative act of assistance

By IMMIGRATION CORNER | By Michael J. Gurfinkel | January 8, 2006 - 12:00am

Recently, the Ninth Circuit Court of Appeals (which is one level below the U.S. Supreme Court) held that a person was not guilty of alien smuggling, despite being fully aware that an illegal alien was in the trunk...

Opinion