December 05, 2023

Big Reversal and Victory at CA5: Argueta-Hernandez II

On July 10, 2023, a Fifth Circuit panel dismissed Mr. Argueta-Hernandez' petition for review for lack of jurisdiction, 73 F.4th 300. On Dec. 5, 2023 the panel (Higginbotham, Graves, and Douglas) granted rehearing, granted the petition, vacated and remanded : "Although we owe deference to the BIA, that deference is not blind. Here, where the BIA misapplied prevailing case law, disregarded crucial evidence...

December 05, 2023

On Today's Date, 2006...

Here is a look back at what I posted to this blog on Dec. 5, 2006 .

December 04, 2023

BIA on PSG, Persecution, Nexus: Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023)

Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family membership is incidental or subordinate to that other ultimate goal and therefore not one central reason for the harm. Matter of L-E-A-, 27 I&N Dec. 40 (BIA 2017), reaffirmed. [Editor's Note: Please see former...

December 01, 2023

EOIR Still Has "Many" IJ Vacancies, "Location Negotiable After Selection"

EOIR, Dec. 1, 2023 "Application Deadline: Friday, December 15, 2023"

November 30, 2023

Practice Advisory: Common Tools of Statutory Construction for Criminal Removal Grounds

American Immigration Council and the Federal Immigration Litigation Clinic of the James H. Binger Center for New Americans, University of Minnesota Law School, Nov. 28, 2023 "This practice advisory describes some of the common tools of statutory construction to assist practitioners in advocating for narrow definitions of generic criminal removal grounds before the Board of Immigration Appeals (BIA) and the U.S...

November 29, 2023

Au Pair Proposed Rule Comment Period Extended 30 Days

This document is scheduled to be published in the Federal Register on 11/30/2023 "On October 30, 2023, the U.S. Department of State (Department of State) published a Notice of Proposed Rulemaking for the Exchange Visitor Program - Au pair category. The Notice of Proposed Rulemaking provided a deadline for submitting comments by December 29, 2023. The Department of State received a request from the Alliance for...

November 28, 2023

Wilkinson v. Garland: Links

On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the statutory standard of “exceptional and extremely unusual hardship” is a mixed question of law and fact reviewable under 8 U.S.C. § 1252(a)(2)(D), or whether this determination is a discretionary judgment...

November 27, 2023

AAO NIW Victory: Teacher, Saipan

On Nov. 17, 2023 the AAO reversed an EB-2 National Interest Waiver denial by the Texas Service Center, saying: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical framework. We conclude that she has established she is eligible for and otherwise merits a national interest waiver as a matter of discretion. ORDER: The appeal is sustained." [Hats off to Margaret D. Stock !]

November 27, 2023

ICE Directive: INTERPOL Red Notices and Wanted Person Diffusions

ICE, Aug. 15, 2023 "This Directive provides guidance to U.S. Immigration and Customs Enforcement (ICE) personnel about Red Notices published by the International Criminal Police Organization (INTERPOL) and Wanted Person Diffusions circulated directly by an INTERPOL member country through its National Central Bureau (NCB). ICE is committed to complying with the requirements of INTERPOL’s Constitution and Rules...

November 24, 2023

DHS Inconsistency Muddies Detained Cubans’ Path to Green Card

Georgianna Pisano Goetz, Nov. 24, 2023 "The Department of Homeland Security has been pushing inconsistent arguments about the meaning of parole under the Cuban Adjustment Act of 1966, needlessly complicating the naturalization process for Cubans in the US. When a Cuban enters the US “without inspection”—not at a designated port of entry, such as an airport or international bridge—the DHS...

November 16, 2023

USCIS Announces Availability of Additional H-2B Visas for Fiscal Year 2024

USCIS, Nov. 16, 2023 "Today, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses...

November 16, 2023

USCIS Establishes Family Reunification Parole Process for Ecuador

USCIS, Nov. 15, 2023 "U.S. Citizenship and Immigration Services (USCIS) today announced a Federal Register notice implementing a new family reunification parole (FRP) process for Ecuador, advancing the Biden-Harris Administration’s successful combination of expanded lawful pathways and strengthened enforcement to reduce irregular migration. The FRP processes promote family unity and are one of the comprehensive...

November 09, 2023

Visa Bulletin for December 2023

Visa Bulletin for December 2023 Note D: "SCHEDULED EXPIRATION OF ONE THE EMPLOYMENT FOURTH PREFERENCE (SR) RELIGIOUS WORKERS CATEGORY Pursuant to H.R. 5860, signed on September 30, 2023, the non-minister special immigrant program expires on November 17, 2023. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight November 16, 2023. Visas issued prior to that date...

November 09, 2023

Judge: INA Sec. 274B Unconstitutional (SpaceX v. Bell)

SpaceX v. Bell "Plaintiff is likely to succeed on the merits of its claim that Section 1324b violates the Appointments Clause because OCAHO ALJs' decisions are not subject to review by the Attorney General."

November 08, 2023

SIJ Policy Alert (Nov. 8, 2023)

USCIS, Nov. 8, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to align with Casa Libre/Freedom House v. Mayorkas. The district court in Casa Libre issued a Declaratory Judgment stating that the tolling provisions outlined in DHS regulations are not in accordance with the 180-day timeframe for the adjudication of a special immigrant juvenile (SIJ) petition...

November 08, 2023

H-2 Visa Countries: Advance Copy

This document is scheduled to be published in the Federal Register on 11/09/2023 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally only approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published...

November 07, 2023

EOIR Announces 39 New Immigration Judges

EOIR, Nov. 7, 2023 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 39 immigration judges to courts in California, Colorado, Connecticut, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Minnesota, New Jersey, New York, Ohio, Texas, Virginia, and Washington. ... Attorney General Merrick B. Garland officially appointed the following individuals as immigration...

November 02, 2023

Affidavit of Support Victory in Virginia

Brown v. Brown "The Court holds that Defendant's affirmative defenses cannot excuse the obligation Defendant incurred by sponsoring the Form I-864. ... ORDERED that Plaintiff's Motion for Judgment on the Pleadings as to the Affirmative Defenses and to Dismiss the Counterclaim is GRANTED. Defendant's counterclaim and affirmative defenses are DISMISSED." [Hats off to Greg McLawsen !]

November 02, 2023

Feds Parole Asylum-Seekers To End 'Remain In Mexico' Suit: Law360

Alyssa Aquino, Law360, Oct. 31, 2023 "The Biden administration will provide temporary immigration protections to migrants who challenged a Trump-era policy that forced them to wait in Mexico while their asylum claims were processed in exchange for the lawsuit's dismissal, according to a Tuesday court filing ."

November 02, 2023

Proposed Settlement of Credible Fear Class in Padilla et al v. ICE et al

Matt Adams writes: "This week the district court granted preliminary approval to the proposed settlement submitted by the parties with respect to the Credible Fear Class. This class is focused on challenges to prolonged delays in making credible fear determinations. The notice of proposed settlement and the proposed settlement agreement are attached. Any objections to the settlement need to be received by the Court...

November 01, 2023

Update: ABA Border Enforcement Primer

Adonia R. Simpson, Deputy Director, Policy and Pro Bono, ABA Commission on Immigration writes: "The American Bar Association’s Commission on Immigration has released an updated Border Primer on immigration enforcement mechanisms at the U.S. border. The detailed handbook explains various enforcement methods used by the federal government at the U.S. southern border, with links to applicable laws, policies...

October 31, 2023

J Waiver Litigation News - Victory!

In September 2023 Andrew L. Wizner and Brian Schmitt filed this lawsuit in Connecticut . In October 2023 Mr. Schmitt filed this lawsuit in Maryland . UPDATE : On Dec. 21, 2023 Brian Schmitt wrote: "I have decisive action on both of the J-2 litigations. A few hours ago, DOS issued favorable recommendations on both. ... Nothing remarkable occurred aside from really pouring all the arguments out into the complaints...

October 30, 2023

Certain Renewal Applicants for Employment Authorization to Receive Automatic 180 Day Extension

USCIS, Oct. 27, 2023 "Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those...

October 30, 2023

Ukraine J-1 SSR News

This document is scheduled to be published in the Federal Register on 10/31/2023 "In accordance with the General Provisions of the Exchange Visitor Program regulations, the Assistant Secretary for Educational and Cultural Affairs (ECA), U.S. Department of State extends the waiver and modification of certain regulatory requirements with respect to a temporary educational and cultural exchange program established...

October 27, 2023

ICE Directive: Confiscation and Return of Original Documents

ICE, Jan. 13, 2023 "This Directive provides U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Officers with policy and procedures for confiscating and returning original documents upon initiation of removal proceedings against any noncitizen, including Lawful Permanent Residents (LPRs), as well as the subsequent release and/or removal of these individuals. ... "