Yacub Law - Global Mobility

Good morning! Are you fire up? 🔥 Ready to go? We are ready. Our lead attorney Ivan Yacub just won an asylum case in Hyattsville. Results cannot be obtained without organization, teamwork: Juan Manuel Ferrari , clear strategies, knowledge, and a deep commitment. Let’s keep doing our best! We are sooooo proud of you!

Beautifully explained by attorney Yacub.😊 US Supreme Court Decision - implications on immigration Chevron is a case from 1984 and it created a two step approach to interpreting a statute. Chevron step 1 required the courts to review a statute. If Congress spoke on the precise issue, courts had to give the statute its meaning. If the statute is ambiguous, then Chevron step 2 was triggered. Under Chevron step 2, courts must defer to the agency’s interpretation of a statute so long as that interpretation was reasonable. That means under Chevron step 2, a court could say that it disagreed with the BIA’s holding but since the holding was not unreasonable, it was bound by that holding. A real world example of Chevron can be seen in asylum law. Congress did not define the term “particular social group.” Therefore, Congress did not speak to that term and we do not engage in Chevron step 1. If the BIA came out with a decision and said that a particular social group excludes women, one may disagree with that decision, but it is reasonable. And if it is reasonable, the federal courts are bound by the BIA’s exclusion of women in the particular social group analysis. Now, with Chevron dead, if the BIA states that a particular social group excludes women, the courts, not the BIA decides if women are included in the concept of particular social group. As the court reminded us, the courts, and not the administrative agency, decides what the law is. When Trump was in office, Jeff Sessions, his Attorney General, reviewed and decided numerous immigration cases, such as Matter of A-B- and Matter of L-E-A- II. Those cases stated that victims of domestic violence could not obtain asylum and family could only be a particular social group if the family was well known in that community. In fact, in Matter of L-E-A- II, the Attorney General said that it disagreed with the Fourth Circuit’s approach in Hernandez Avalos v. Lynch and Zavaleta-Policiano v. Sessions, our two cases. Before overruling Chevron, the fear was that if the agency made decisions such as Matter of A-B- and Matter of L-E-A- II, the Fourth Circuit would state that the agency’s decision was reasonable and was bound by Chevron deference. Now that it is not the case.

When you work with a giant of the industry... Here is something that Ivan Yacub wrote and I would love to share with this impressive community: "It is important to discuss my background [Ivan Yacub]. I have been practicing immigration law for more than twenty five years. In the course of my career, I have represented thousands of immigrants in family based and removal defense proceedings. In addition, I have represented a handful of employers and immigrants in business immigration law.            My firm has successfully argued cases with USCIS, EOIR, United States District Court of the Eastern District of Virginia, the United States District Court for the District of Maryland, the United States District Court of the District of the Washington, DC, and the Fourth Circuit Court of Appeals. With the Board of Immigration Appeals, I have one published decision; the case is Matter of Sejas, 24 I&N Dec. 236 (BIA 2007). In the Fourth Circuit Court of Appeals I have various cases published, including, but not limited to Hernandez Avalos v. Lynch, 784 F.3d 944 (4th Cir. 2015); Zavaleta Policano v. Sessions, 873 F.3d 241 (4th Cir. 2017).            ...., the school year of 2022-2023, I taught the Immigration Law Clinic at the University of Virginia School of Law. I am a frequent speaker at the American Immigration Lawyers’ Association (AILA) Washington, DC and annual conferences. I am typically invited to speak about office management and how to run a successful law firm. At the AILA 2023 annual conference, I spoke about the process for selling a law firm. At the AILA DC Chapter Conference, I spoke about how to create value in a law firm.            With this background and experience under my belt, I can safely say that the key to a successful law firm is empowered employees and continual training." 😍 We are so proud!!!! We will be 27 years old this year. Hiring and expanding!

Soon we will receive the results from #supertuesday. The results will not be a surprise. The two leading candidates, Biden and Trump, will be closer to securing their respective party nominations. Once the dust clears, the sharp differences between the GOP and the Democrats will begin to emerge. The hot issue in this election, as it has been for the past few #elections, is #immigration. #Biden does not have a great immigration record. He began the presidency with promises and hope. His immigration programs, mostly granting prosecutors discretion not to prosecute immigrants with minor violations, is a step forward into creating safe communities. #Trump, on the other hand, promised to double and triple down on demonizing immigrants. He coined or least he says he coined the term #migrantcrime. The only "migrant crime" is crossing the border without authorization or perhaps having a fake document at a port of entry. Any crime committed by an immigrant is just that, a #crime. When Trump cheated on his tax returns, we did not label that "white man crime." One can hope that we have a civilized debate about policy and immigration. In this political environment with the rhetoric from the #maga crowd, that debate will never occur.

A R G E N T I N A !!!