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Immigration Case Studies

We are knowledgeable in immigration and criminal Law.

Examining Immigration Law Through Real Cases

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Case Studies

Matter of C-M-M, Applicant, decided by the Board of Immigration Appeals on June 13, 2025

CMM is obsessed with breaking rules and is in immigration jail for an aggravated assault conviction. She poured alcohol on her partner’s back and set him on fire using a cigarette. The partner sustained burns on his head, face, and torso and had to be placed in a medically induced coma.

CMM requested that the immigration judge grant her a bond so she could get out of jail while her immigration case proceeded. The judge granted a $15,000 bond, and for some strange reason, the judge did not believe that setting a human being on fire poses a danger to the community. The government appealed the granting of a bond, arguing that she was a danger to the community and a flight risk. The Board of Immigration Appeals (“BIA”) agreed with the government and reversed the immigration judge’s grant of bond.

The BIA noted that CMM has an “extensive and lengthy history of immigration law violations, including multiple removals and illegal reentries.”

The BIA Also Stated That CMM:

“Poses a significant flight risk, such that no monetary bond would be sufficient to ensure her appearance at future immigration hearings and, if necessary, her surrender for removal from this country. Additionally, the applicant has a lengthy criminal history in this country, which includes three convictions for shoplifting.”

Let’s Review CMM’s Immigration History:

  • Two red checkmarks

    The first order was removed in 2001, and he has since reentered the United States on four known occasions and has been removed three additional times.

  • Two red checkmarks

    The record reflects that the applicant was advised multiple times that she was prohibited from entering the United States for a set period of years, with the final warning informing her that she was prohibited from entering the United States for 20 years.

  • Two red checkmarks

    The applicant has two illegal reentry convictions and has twice lied to immigration officers, alleging she is a United States citizen.

  • Two red checkmarks

    On the second illegal reentry attempt, she presented her United States citizen daughter’s birth certificate and identification as her own. The applicant admitted to the immigration officer that she knew it was illegal to present herself as a citizen or use a citizen’s documents to attempt entry into the country.

Keeping CMM in custody and permanently removing her from the United States will keep other people from becoming the next human torch.

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PERM and the Employee Referral Program
Many people obtain permanent resident status using a process known as PERM. A detailed description of the PERM process may be found here:

Labor Certification

The PERM process requires that the sponsoring employer conduct a test of the labor market using various sources of recruitment. One source of recruitment that may be used is the employee referral program (“ERP”). In order to get credit for using the ERP, the employer must demonstrate a logical nexus between the employer’s referral program and the job opportunity.

In Sanmina-Sci Corp., 2010-PER-00697 (January 19, 2011), the Board of Alien Labor Certification listed three requirements for a qualifying employee referral program:

  1. The employee referral program offers specific incentives to employees for referral of candidates;
  2. The program was in effect during the recruitment effort;
  3. Employees were on notice of the job opening.

An example of specific incentives: Employees receive a $500 referral fee for any person referred as long as the person referred remains in the job for 90 days.

How to prove that the program was in effect during the recruitment period and that the employees were on notice.

Options we have suggested include providing a link where jobs are posted on the employer’s website to the ERP program. Employers who have an internal newsletter can also post the job in the newsletter and provide a link to the ERP program.

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