VELAZQUEZ V. GARLAND DECISION BELOW: 88 F.4th 1301 (CA10) CERT. GRANTED 7/2/2024 QUESTION PRESENTED: Federal immigration law allows the government to grant a "voluntary departure" period...
Gutierrez v. Garland "Sergio Manrique Gutierrez petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order of removal by an Immigration...
BIA, June 28, 2024 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: What is the scope of...
This document is scheduled to be published in the Federal Register on 07/03/2024 "MEMORANDUM FOR THE SECRETARY OF STATE [and] THE SECRETARY OF HOMELAND SECURITY SUBJECT: Extending Eligibility...
DOL, July 2, 2024 "The Employment and Training Administration published an FRN on June 24, 2024 updating the AEWRs under the H-2A temporary agricultural employment program that apply to a limited...
Herrera-Alcala v. Garland
"Oscar Herrera-Alcala, a Cuban alien, petitions for review of the Board of Immigration Appeals decision denying his application for asylum, withholding of removal, and Convention Against Torture (“CAT”) protection. But the government first argues that we should not hear this case, as venue lies in the Fifth Circuit. Interpreting the venue statute, we find that venue is proper in this court because the Immigration Judge completed the proceedings in Virginia, which is within our judicial circuit. ... Section 1252(b)(2) specifies that a petition for review of an order of removal “shall be filed with the court of appeals for the judicial circuit in which the immigration judge completed the proceedings.” During the video conference hearing, Herrera-Alcala was in the Fifth Circuit (Louisiana) and the Immigration Judge was in the Fourth Circuit (Virginia). ... Venue under § 1252(b)(2) depends on the location of the Immigration Judge. And the Immigration Judge was in Falls Church, Virginia, making venue proper in the Fourth Circuit."