October 05, 2024

No Re-Parole for Migrants from Cuba, Venezuela, Haiti, and Nicaragua

Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua to lapse, forcing hundreds of thousands of people to find other methods to stay in the country or face deportation. ... The impact of Friday’s decision depends on a person’s nationality. Migrants from Haiti...

October 04, 2024

CA9 on Credibility, Internal Relocation: Singh v. Garland

Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his petition for asylum.1 He argues that the agency erred by misapplying Matter of R-K-K-, 26 I. & N. Dec 658 (BIA 2015), which permits immigration judges to consider strikingly similar affidavits submitted...

October 02, 2024

Court Allows Legal Challenge to CBP One Turnback Policy to Proceed

CGRS, Oct. 1, 2024 "Last night, a federal judge ruled in a case challenging the Biden administration’s policy of turning back asylum seekers who approach ports of entry along the southern border without first obtaining an advance appointment. The court considered the administration’s motion to dismiss the lawsuit and ultimately allowed the case to proceed. The lawsuit was filed last summer on behalf...

October 02, 2024

Free Webinar on Garcia Perez Settlement Agreement (Asylum EAD Clock)

Northwest Immigrant Rights Project and National Immigration Litigation Alliance, Oct. 2, 2024 " FREE WEBINAR Today, Oct. 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific On September 26, a U.S. district court approved the settlement agreement in Garcia Perez v. USCIS , a nationwide class action regarding USCIS and EOIR policies preventing asylum seekers from obtaining authorization to work while their asylum...

October 02, 2024

Extraordinary Ability Criteria Clarification - USCIS Policy Alert, Oct. 2, 2024

USCIS, Oct. 2, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to further clarify the types of evidence that we may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications. This policy guidance: Confirms that we consider a person’s receipt of team awards under the criterion for lesser nationally or internationally...

October 01, 2024

Presidential Determination on Refugee Admissions for Fiscal Year 2025

White House, Sept. 30, 2024 "MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2025 By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), and after appropriate consultations with the Congress, I hereby...

October 01, 2024

October 2024 PERM Tip #1: Preemployment Screening Requirements for PERM

BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. Should an employer’s preemployment screening requirements (e.g., reference checks, criminal background checks...

October 01, 2024

No Injury, No Standing: Texas v. Mayorkas (Public Charge)

Texas v. Mayorkas "In September 2022, after a notice-and-comment period, the Biden administration promulgated a new Rule redefining the term ["public charge"]. In response, the State of Texas brought this action under the Administrative Procedure Act, challenging the Biden administration’s actions related to repealing the 2019 Rule and implementing the 2022 Rule. Texas has three claims. It alleges...

October 01, 2024

Biden Amends Asylum Proclamation

White House, Sept. 30, 2024 "...I have now concluded that in order to better achieve Proclamation 10773’s goal of enhancing our ability to address historic levels of migration and more efficiently process migrants arriving at the southern border, that proclamation should include unaccompanied children from both non-contiguous and contiguous countries in the calculation of encounters. Consistent with section...

September 30, 2024

Diversity Visa Instructions for DV-2026

This document is scheduled to be published in the Federal Register on 10/01/2024 "This public notice provides information on how to apply for the DV-2026 Program and is issued pursuant to the Immigration and Nationality Act. ... Applicants must submit entries for the DV-2026 program electronically at dvprogram.state.gov between 12:00 pm (noon), Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 4, 2023, and...

September 30, 2024

Asylum Final Rule: Eff. Oct. 1, 2024

Here is the rule. Here is the Fact Sheet.

September 27, 2024

Litigation News: T Visa Victories in Vermont

On Sept. 27, 2024 federal judge Geoffrey W. Crawford granted summary judgment for the plaintiffs in two cases, L.A.A.M. v. Zuchowski and C.M.Z. v. Zuchowski . Hats off to superlitigator Jesse Bless !

September 27, 2024

Garcia-Perez v. USCIS FINAL Settlement: Practice Alert and Webinar Information Regarding New EOIR and USCIS Polices Regarding the Asylum EAD Clock

NILA, Sept. 26, 2024 "Today, a U.S. district court approved the settlement agreement in Garcia Perez v. USCIS , a nationwide class action regarding USCIS and EOIR policies preventing asylum seekers from obtaining authorization to work while their asylum claims are pending. The case challenged policies and practices related to the Asylum EAD Clock, which governs when people with pending asylum applications can apply...

September 27, 2024

USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals

USCIS, Sept. 27, 2024 "Today, in continued support of Enduring Welcome, and by congressional directive, U.S. Citizenship and Immigration Services announced it is extending and expanding some previously announced  filing fee exemptions and expedited application processing for certain Afghan nationals. This will help Afghan nationals continue to resettle and, in many cases, reunite with family in the United States...

September 25, 2024

Age Calculation Under the Child Status Protection Act - 9-25-24 USCIS Policy Alert

USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire requirement using the date that the immigrant visa first became available when that immigrant visa is continuously available for a 1-year period without any intervening visa unavailability. • Clarifies that under circumstances...

September 25, 2024

NILA Practice Advisory: VENUE CHALLENGES IN APA IMMIGRATION CASES

NILA, Sept. 25, 2024 "Increasingly, U.S. Citizenship and Immigration Services (USCIS) and other immigration agencies are challenging venue in U.S. district court lawsuits brought by noncitizens and/or their employers under the Administrative Procedure Act (APA), 5 U.S.C. § 701, et seq. There are two distinct types of venue challenges that an agency may bring. First, it could challenge venue as being wrong...

September 25, 2024

Designation of Qatar for the Visa Waiver Program (Advance Copy)

This document is scheduled to be published in the Federal Register on 09/26/2024 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise...

September 23, 2024

CA6 on Nexus: Mazariegos-Rodas v. Garland

Mazariegos-Rodas v. Garland "Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners, who were left behind in Guatemala as young children after their parents entered the United States without inspection in 2009, fled to this country in 2015 after gang members threatened to maim and kill them. They...

September 23, 2024

Making the Case of the Manager under the L-1A Visa Whose Subordinates are AI Bots

Cyrus Mehta, Sept. 23, 2024 "When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc . as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized that a US company can rely on its resources outside the United States to produce products or provide services. Matter of Z-A -, Inc. held that an L-1A intracompany manager who primarily manages an essential function...

September 23, 2024

USCIS Announces Employment Authorization Procedures for Liberians Covered by Deferred Enforced Departure

USCIS, Sept. 23, 2024 " U.S. Citizenship and Immigration Services today posted a Federal Register notice establishing procedures for Liberians covered by Deferred Enforced Departure to apply for Employment Authorization Documents that will be valid through June 30, 2026. President Joe Biden issued a memorandum on DED for Liberians on June 28, 2024, deferring through June 30, 2026, the removal of certain Liberians...

September 20, 2024

BIA on CIMT: Matter of Thakker

Matter of Thakker, 28 I&N Dec. 843 (BIA 2024) (1) The assumption in Matter of Jurado that a retail theft offense involves an intent to permanently deprive a victim of their property is inconsistent with the categorical approach as currently articulated by the Supreme Court. Matter of Jurado, 24 I&N Dec. 29 (BIA 2006), aff’d sub. nom. Jurado-Delgado v. Att’y Gen. of U.S., 498 F. App’x 107 (3d...

September 20, 2024

USCIS Reaches H-2B Cap for First Half of Fiscal Year 2025

USCIS, Sept. 19, 2024 "We have received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2025. Sept. 18 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2025. We will reject new cap-subject H-2B petitions we receive after Sept. 18 that request an...

September 19, 2024

CA5 on AggFel, Due Process: Lopez Orellana v. Garland

Lopez Orellana v. Garland "The question presented here is whether the Louisiana accessory-after-the-fact statute, LA.REV. STAT. § 14:25, is a categorical match for the generic federal offense of obstruction of justice and is therefore an aggravated felony under 8 U.S.C. § 1101(a)(43)(S) permitting expedited removal of a noncitizen. Because the generic federal offense requires specific intent, and the...

September 18, 2024

USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals

USCIS, Sept. 18, 2024 "Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.  Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this...

September 17, 2024

CA9 on In Absentia Orders: Singh v. Garland

Singh v. Garland "Petitioner Varinder Singh, a native and citizen of India, seeks rescission of a removal order entered in absentia. We previously granted Singh’s petition because the government did not provide Singh with a Notice to Appear (NTA) setting forth the time and date of removal proceedings in compliance with 8 U.S.C. § 1229(a)(1), but the Supreme Court rejected our interpretation of this statutory...