Immigration Blog

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Common Sense Prevails at the Supreme Court in at Least One Deportation Case

In September of last year, I wrote about the Supreme Court reviewing the case of an alien found to be deportable due to an aggravated felony (for which there is no relief) based on his conviction of a state charge of arson.

The Court took the case because of a split in thinking between two different federal circuit courts of appeal. The provision in immigration law outlining aggravated felonies involving arson invokes a federal statute (18 U.S.C. 844(i)), which defines an aggravated felon as "Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce". (Emphasis added.)

Topics: Criminal Aliens

EB-5 Funds Created Jobs, but Workers Were Not Paid

Here's a new wrinkle in the EB-5 business: An employer got millions in EB-5 funds to run a shrimp farm and then didn't pay its workers.

Does the business get credit for creating these jobs without paychecks? Do the investors get their green cards anyway? As you might imagine, answers are not readily available.

Florida Organic Aquaculture, a for-profit enterprise, is a 22-acre shrimp farm in Fellsmere, Fla., and is reported by one news account to be a $16 million project that involved an unstated, but apparently substantial, amount of EB-5 investments.

This Is Getting Monotonous – Third Indian-on-Indian H-1B Scandal in 12 Days

This is getting monotonous. On May 4 we reported a middle-sized case of H-1B fraud involving both the loss of jobs to U.S. residents and the exploitation of Indian workers by Indian criminal employers in Virginia.

On May 12 we wrote about a somewhat similar case in California, and today we have the third case in the set, this time in Memphis, Tenn. Three cases in 12 days, all in the federal courts.

This time the corrupt employer, Ramesh Basa, has pled out and has agreed that the feds can seize six pieces of his real estate valued at half a million dollars as part of the deal. The agreement also included a joint recommendation by attorneys on both sides of the case for a one-year jail term for Basa.

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