January 24, 2024

USCIS Policy Alert: Untimely Filed Extensions of Stay and Change of Status Requests

USCIS, Jan. 24, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address when USCIS may, in its discretion, excuse untimely filed extensions of stay and change of status requests."

January 24, 2024

EOIR to Open Concord, CA Immigration Court

EOIR, Jan. 22, 2024 "The Executive Office for Immigration Review (EOIR) today announced it will open a new immigration court in Concord, California, on February 12, 2024, expanding its presence in Northern California. The Concord Immigration Court will have 21 immigration judges. EOIR will officially notify all parties whose cases are reassigned to the Concord Immigration Court. If you have questions about the...

January 22, 2024

CSPA Disharmony: Date For Filing or Final Action Date?

Cyrus D. Mehta, Jan. 22, 2024 "On February 14, 2023, the USCIS recognized that the age of the child gets protected under the Child Status Protection Act when the Date for Filing (DFF) in the Department of State (“DOS” or “State Department”) Visa Bulletin becomes current. Since October 2015, the State Department Visa Bulletin two different charts to determine visa availability – the...

January 18, 2024

Unpub. Asylum Remand, Yemen: Al Omaisi v. Garland

Al Omaisi v. Garland "On this record, the BIA’s summary conclusion that Al Omaisi did not present evidence indicating an objectively reasonable fear of future persecution is insufficient for us confidently to conclude that the BIA acted within its discretion in denying reopening. On remand, the BIA should reconsider Al Omaisi’s motion to reopen, providing greater explanation for any further denial decision...

January 18, 2024

USCIS Policy Manual Recognizes Dual Intent for Foreign Students as Expressed in Matter of Hosseinpour

Cyrus D. Mehta and Kaitlyn Box, Jan. 16, 2024 "On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance in the USCIS Policy Manual pertaining to nonimmigrant students in F and M status. An F-1 visa allows a nonimmigrant student to enter the U.S. to student at a college or university, while nonimmigrants in M status pursue training at a vocational school or other nonacademic...

January 18, 2024

CA5 TVPRA Victory: Velasquez-Castillo v. Garland

Velasquez-Castillo v. Garland "Kelmi Velasquez-Castillo, a native and citizen of Honduras, filed a petition for review of a Board of Immigration Appeals(“BIA”) order denying a motion to reopen his removal proceedings. The Petitioner and Respondent agree that this Court should vacate and remand. We conclude that this case is not moot, that the BIA erred in denying the motion to reopen without resolving...

January 18, 2024

CA5 Grants En Banc Review, Vacates USA v. Abbott (Border Buoy Injunction)

USA v. Abbott "IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs. Pursuant to 5th Circuit Rule 41.3, the panel opinion [*] in this case dated December 01, 2023, is VACATED." * 87 F.4th 616

January 15, 2024

Supreme Court Takes Up Consular Nonreviewability Case: Department of State v. Muñoz

Here is the cert. pet. Here is the brief in opposition. Here is the reply brief. Here and here are the underlying cases. Here are the issues presented: (1) Whether a consular officer's refusal of a visa to a U.S. citizen's noncitizen spouse impinges upon a constitutionally protected interest of the citizen; and (2) whether, assuming that such a constitutional interest exists, notifying a visa applicant...

January 14, 2024

Comparison Chart: Current, Enjoined, & Proposed Changes to Regulations Regarding BIA Appeals, Motions, Administrative Closure, Termination, and Voluntary Departure

NILA, Jan. 12, 2024 Comparison of Current, Enjoined, & Proposed Changes to Regulations Regarding BIA Appeals, Motions, Administrative Closure, Termination, and Voluntary Departure

January 14, 2024

ICE Bond Policy FOIA Victory!

National Bail Fund Network et al. v. Immigration and Customs Enforcement et al. "1. No later than 30 days following the Court’s approval of this Stipulation, Defendant U.S. Immigration and Customs Enforcement (“ICE”) shall (1) send an instruction to each ICE Enforcement and Removal Operations (“ERO”) field office asking them to provide any records that they maintain— apart...

January 13, 2024

Visa Bulletin for February 2024

Visa Bulletin for February 2024 Notes D & E: D. SCHEDULED EXPIRATION OF THE EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR) CATEGORY Pursuant to H.R. 6363, signed on November 16, 2023, the non-minister special immigrant program expires on February 2, 2024. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight February 1, 2024. Visas issued prior to that date...

January 12, 2024

Indiana Driver License News

ACLU Indiana, Jan. 11, 2024 "A federal district court in Indiana today entered a preliminary injunction ordering the state to remove restrictions on accessing Indiana driver’s licenses or identification cards for residents who live in the state under federal humanitarian protections, while the case moves forward. The decision comes after the American Civil Liberties Union of Indiana (ACLU of Indiana) and...

January 11, 2024

BIA on Collateral Estoppel: Matter of Panin

Matter of Panin - A respondent’s release from Federal pretrial criminal custody does not preclude an Immigration Judge from denying a respondent’s request for release from immigration detention under section 236(a) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a) (2018).

January 10, 2024

EOIR Announces 2024 Model Hearing Program

EOIR, Jan. 9, 2024 "The Executive Office for Immigration Review (EOIR) will continue its successful Model Hearing Program (MHP), hosting a series of MHP events nationwide. This MHP provides government attorneys, private practitioners, and potential or newly accredited representatives with substantive law training pertaining to human trafficking, juveniles, Adjustment of Status, and Special Immigrant Juvenile Status...

January 08, 2024

Supreme Court Campos-Chaves Oral Argument: Transcript and Audio

Campos-Chaves v. Garland, Att'y Gen. Docket Number: 22-674 Date Argued: 01/08/24 Play Audio: Media Formats: MP3 Download Transcript (PDF) View To download file: From Windows - Right click the "Download" link and select "Save Target As..." or "Save Link As..." From Mac - Press Ctrl key while clicking the "Download" link, or just right click...

January 08, 2024

Padilla v. ICE and Delays in Credible Fear Interviews: Practice Alert

NWIRP, NILA, AIC, Jan. 8, 2024 "Copyright (c) 2024, National Immigration Litigation Alliance, Northwest Immigrant Rights Project, and American Immigration Council. This alert is not a substitute for independent legal advice supplied by a lawyer familiar with a client’s case."

January 06, 2024

Padilla v. ICE Settlement!

Here is the Settlement Agreement, and here is the Order. Hats off to Matt Adams, Leila Kang, Aaron Korthuis and Glenda Aldana Madrid of the Northwest Immigrant Rights Project, Judy Rabinovitz and Anand Balakrishnan of the ACLU Immigrants' Rights Project, Trina Realmuto and Kristin Macleod-Ball of the National Immigration Litigation Alliance and Emma Winger of the American Immigration Council!

January 05, 2024

Bouarfa v. Mayorkas: Cert. Pet. and Amicus Brief

Here is the CA11 decision at issue, 74 F.4th 1157. Here is the petition for certiorari. Here is the amicus brief filed by the Round Table of former BIA members and IJs.

January 05, 2024

Ability to Pay Policy Alert (Jan. 5, 2024)

USCIS, Jan. 5, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant visa petition adjudications."

January 03, 2024

DHS v. Texas Update (Jan. 3, 2024)

Amy L. Howe, Jan. 3, 2024 "The Biden administration came to the Supreme Court on Tuesday, asking the justices to block an order by a federal appeals court that generally bars federal Border Patrol agents from cutting or moving razor wire installed by Texas along a portion of the U.S.-Mexico border. Representing the federal government, U.S. Solicitor General Elizabeth Prelogar told the justices that the order by...

December 28, 2023

CA9 on Abuse of Discretion: Alcarez-Rodriguez v. Garland

Alcarez-Rodriguez v. Garland "Ashley Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’s (BIA’s) decision and order denying her motion to remand her removal proceedings to the Immigration Judge (IJ) for the consideration of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the BIA did...

December 28, 2023

OPLA: General Framework for Juvenile Docket

ICE, Dec. 22, 2023 "U.S. Immigration and Customs Enforcement (ICE) Office of the Principal Legal Advisor (OPLA), in coordination with the Department of Justice Executive Office for Immigration Review (EOIR), announced the creation of specialized juvenile dockets in 49 immigration courts across the country. Through this initiative, specially trained OPLA staff will manage all cases on EOIR’s juvenile dockets...

December 28, 2023

Big PSG and Nexus Victory at CA1 - Espinoza-Ochoa v. Garland

Espinoza-Ochoa v. Garland "Here, the IJ and BIA found, and the government does not dispute, that Espinoza-Ochoa credibly testified that he experienced harm and threats of harm in Guatemala that "constitute[d] persecution." But the agency concluded that Espinoza-Ochoa was still ineligible for asylum for two reasons. First, it held that Espinoza-Ochoa had failed to identify a valid PSG because the social...

December 28, 2023

Premium Processing Fee Hike

Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 "The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1...

December 28, 2023

Presidential Pardon

Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 Proclamation 10688 of December 22, 2023 Granting Pardon for the Offense of Simple Possession of Marijuana, Attempted Simple Possession of Marijuana, or Use of Marijuana By the President of the United States of America