Marcus Bennett
Removal Defense Desk Editor
Removal-defense desk editor at Fola Form. Tracks EOIR practice manual changes, BIA precedent decisions, and the criminal-inadmissibility grounds that drive most relief denials. Background: paralegal coursework + five years covering immigration court dockets.
- Removal proceedings
- Board of Immigration Appeals (BIA) precedent
- Criminal grounds of inadmissibility and deportability
- Cancellation of removal
6 articles
BIA Appeals: The 30-Day Window and What Makes a Brief Reviewable
The 30-day filing window for a BIA appeal under 8 C.F.R. §1003.38(b) is jurisdictional. The brief that follows is the case — a brief that fails to identify specific factual or legal error gets summary affirmance.
Non-LPR Cancellation Under INA §240A(b): The Ten-Year Bar and the Hardship Mountain
Non-LPR cancellation under INA §240A(b)(1) requires ten years of continuous physical presence, good moral character, no disqualifying conviction, and 'exceptional and extremely unusual hardship' to a qualifying relative. The hardship element is where most cases die.
Cancellation of Removal for LPRs Under INA §240A(a): The Seven-Five Rule and Its Quiet Traps
An LPR's path to cancellation under INA §240A(a) sounds mechanical — seven years continuous residence, five years as a green card holder, no aggravated felony. The litigation lives in the qualifiers.
The §212(c) Waiver After St. Cyr: A Pre-1996 Door That Is Still Open
INS v. St. Cyr held that the §212(c) waiver remains available for noncitizens whose pre-IIRIRA guilty pleas were entered when the waiver was on the books. Twenty-five years later, the doctrine still controls a narrow but real slice of removal-defense work.
Aggravated Felonies: The §101(a)(43) Laundry List and the One-Year-Sentence Trigger
INA §101(a)(43) defines 21 categories of 'aggravated felony' for immigration purposes, and many turn on a one-year-or-more sentence imposed — not served. Here's how the trigger actually works.
INA §212(d)(3) Nonimmigrant Waiver: The Matter of Hranka Factors
How DOS and CBP weigh the §212(d)(3) discretionary nonimmigrant waiver — and how the BIA's three Hranka factors structure every recommendation.