September 11, 2023

Matter of Cabrera-Fernandez

Matter of Cabrera-Fernandez (1) Release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2018), is legally distinct from release on humanitarian parole under section 212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A) (2018). Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), followed. (2) Applicants for admission who...

September 11, 2023

Passport/Citizenship Victory (Declaratory Judgment) in Chicago: Arthur-Price v. Blinken

Arthur-Price v. Blinken "Maameamba Arthur-Price applied for a passport and was denied on the ground that she is not a U.S. citizen. Arthur-Price has sued for a declaration of her U.S. citizenship, claiming she was born in Oakland, California in January 1980. That is, in fact, what Arthur-Price was told and believes. The government contends that Arthur-Price was born overseas and opposes her claim in this case....

September 08, 2023

BIA on Withholding, Persecution, Dominican Republic: Matter of C-G-T-

Matter of C-G-T- "The respondent testified that he was abused by his father as a child because of his sexual orientation. He testified that he knew he was gay at a young age. He further testified that his father called him a girl, targeted him for particularly harsh treatment, and hit him almost every day. The declarations from the respondent’s brother and uncle state that they thought the respondent’s...

September 07, 2023

2023 DV Visas Gone (Visa Lottery)

DOS, Sept. 7, 2023 "The Diversity Visa (DV) program awards up to 55,000 immigrant visas per year and allows those from countries with low immigration rates to the United States, to enter for a chance to apply for a U.S immigrant visa. Since its launch in 1990, the program has continued the ongoing policy priority to promote and maintain diversity in the United States. This year, the Department of State is on track...

September 07, 2023

Expiration of Covid-Era Visa Application Fee Receipts

DOS, Sept. 1, 2023 "All receipts for payment of Machine-Readable Visa (MRV) fees issued before October 1, 2022, will expire September 30, 2023. There will be no extensions of fee validity. Applicants must schedule an appointment or submit an interview waiver application before September 30, 2023 to avoid paying a new fee. Please note that the interview itself does not need to take place before September 30, 2023...

September 07, 2023

EOIR Proposed Rule: Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure

This document is scheduled to be published in the Federal Register on 09/08/2023 "In December 2020, the Department of Justice issued a final rule (the “AA96 Final Rule”) establishing novel limits on the authority of immigration judges and the Board of Immigration Appeals (“BIA” or “Board”) to manage their dockets and efficiently dispose of cases. Among other changes, the AA96...

September 06, 2023

Preliminary Injunction: Texas Must Remove Rio Grande Buoy Barrier

USA v. Abbott "Having considered the parties’ arguments, including those in writing, the evidence presented, and the relevant law, the Court GRANTS the United States’ Motion for Preliminary Injunction for the reasons that follow. ... IT IS HEREBY ORDERED that: 1. Defendants and anyone working on their behalf are enjoined and hereby prohibited from building new or placing additional buoys, blockades...

September 05, 2023

DOS Final Rule - Visas: Ineligibility Based on Public Charge

Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 "The Department of State (‘‘Department’’) has decided not to finalize the regulatory amendments made by the 2019 interim final rule entitled ‘‘Visas: Ineligibility Based on Public Charge Grounds’’ published in the Federal Register on October 11, 2019 (‘‘2019 IFR’’). The 2019 IFR...

September 05, 2023

CA6 on Future Fear, Internal Relocation: Lin v. Garland

Lin v. Garland "The question before us is whether the BIA’s determinations are supported by substantial evidence. As will be explained below, the BIA’s rationale does not allow us to make that determination. So we grant Lin’s petition and remand for further proceedings. ... It is difficult to imagine that a reasonable person in Lin’s position, under the circumstances demonstrated in the...

September 02, 2023

Biometrics Fee Refund Lawsuit Filed

My friend and mentor Richard S. Fischer has filed this lawsuit to try to recoup the $85 biometrics fees that USCIS stole from his clients.

September 01, 2023

Public Charge, Visa Ineligibility, Final Rule (Advance Copy)

This document is scheduled to be published in the Federal Register on 09/05/2023 "The Department of State (“Department”) has decided not to finalize the regulatory amendments made by the 2019 interim final rule entitled “Visas: Ineligibility Based on Public Charge Grounds” published in the Federal Register on October 11, 2019 (“2019 IFR”). The 2019 IFR implemented such amendments...

September 01, 2023

What Now? Immigration Law & Policy in the Post-Title 42 Landscape

Free Zoom, 12:00PM - 1:00PM Wed 20 Sep 2023. Register here . Panel: Margaret Stock is a partner at Cascadia Cross-Border Law Group, LLC in Anchorage, Alaska. She focuses her practice on immigration and citizenship law. Margaret is a nationally known expert on immigration and national security laws, and has testified regularly before Congressional committees on immigration, homeland security, and military matters...

August 31, 2023

CA9 (2-1) on CIMT, J-G-P-: Flores-Vasquez v. Garland

Flores-Vasquez v. Garland "Jose Luis Flores-Vasquez (“Flores-Vasquez”), a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal. He argues that the BIA erred in finding that his prior menacing conviction under Oregon Revised Statute § 163.190 constitutes a crime involving moral turpitude (“CIMT”...

August 30, 2023

CA2 on Credibility: Pomavilla-Zaruma v. Garland

Pomavilla-Zaruma v. Garland "Petitioner applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge found Petitioner not credible and denied her application, relying in part on inconsistencies between Petitioner’s statements during a border interview and later testimony regarding her fear of persecution. However, the immigration judge failed to consider...

August 29, 2023

Define "Kiosk"

Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 "This interpretive rule provides guidance to the public on U.S. Customs and Border Protection’s interpretation of the term ‘‘kiosk’’ as used in the Global Entry regulations. DATES: This rule is effective on August 29, 2023."

August 28, 2023

TPS APPLICANTS GRANTED NATIONWIDE CLASS CERTIFICATION IN ACTION DEMANDING USCIS HONOR THEIR RIGHT TO WORK

NILA, NWIRP, Ira Kurzban, Aug. 28, 2023 "On Friday, a federal district court granted nationwide class certification to Temporary Protected Status (TPS) applicants seeking to enforce their statutory right to a work permit during the many months that they wait for U.S. Citizenship and Immigration Services (USCIS) to adjudicate their TPS applications. TPS is a form of humanitarian relief that provides temporary lawful...

August 28, 2023

Niz-Chavez v. Garland – The Next Chapter in the Same Story: Turning Square Corners and the Evolving Riddle of Proper Immigration Notice

Simon Azar-Farr , Aug. 2023 Niz-Chavez v. Garland – The Next Chapter in the Same Story: Turning Square Corners and the Evolving Riddle of Proper Immigration Notice [This article will also appear in a forthcoming issue of Bender's Immigration Bulletin . Not yet a subscriber? Call 1-877-394-8826.]

August 28, 2023

OFLC Announces a Reminder to Filers of Form ETA-9142B to Submit Their Initiated Cases Prior to August 31, 2023

OFLC, Aug. 28, 2023 "The Office of Foreign Labor Certification (OFLC) will implement the new Form ETA-9142B, H-2B Application for Temporary Employment Certification, beginning August 31, 2023. As a result, any initiated cases not submitted prior to 12:00 a.m. EST on August 31, 2023, will be deleted and a new application using the revised Form ETA-9142B will need to be created. OFLC is providing an advance copy...

August 28, 2023

Immigration Profs, Round Table File Amicus Brief on Withholding/Nexus Standard of Proof in CA1

The Hon. Paul W. Schmidt writes : "WITH HELP FROM OUR FRIENDS @ ROPES & GRAY, IMMIGRATION PROFESSORS & ROUND TABLE FILE AMICUS ON WITHHOLDING/NEXUS STANDARD OF PROOF IN 1ST CIR. — Paye v. Garland - Read the full brief here: Paye [2023.8.25] Amici Brief (Law Profs & IJs & BIA members) "

August 28, 2023

USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ Requirement After Using Filing Date to Protect the Age of the Child

Cyrus D. Mehta and Kaitlyn Box, Aug. 28, 2023 "As detailed in a prior blog , USCIS issued updated guidance on February 14, 2023 on when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA). Prior to February 2023, USCIS had taken the position that only the Final Action Date (FAD) protects a child’s age...

August 25, 2023

Navigating the Ninth Circuit: A Pro Se Guide for Immigrants in Removal Proceedings

Gwyneth K. Shaw, Berkeley Law, Aug. 24, 2023 "During his two years as a staff attorney at the Public Law Center, Fraser Muir LL.M. ’19 noted a sad and frustrating statistic: For every case he and his colleagues worked on representing immigrants fighting removal actions before the U.S. Court of Appeals for the Ninth Circuit, there were at least 10 more they couldn’t take. “Many pro bono and nonprofit...

August 25, 2023

USCIS Policy Alert: Access to Voter Registration Services during Naturalization Ceremonies

USCIS, Aug. 25, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing updated policy guidance in the USCIS Policy Manual regarding access to voter registration services during administrative naturalization ceremonies."

August 24, 2023

CA3 on CAT, Procedural Failures, Not Following Instructions: Llanes-Quintero v. Atty. Gen.

Llanes-Quintero v. Atty. Gen. (unpub.) "On Petition for Review of a Final Order of the Board of Immigration Appeals. (Agency No. A209-343-065). Immigration Judge: David Cheng. ... As for Quinteros's Convention Against Torture claim, our precedent requires the agency to follow certain steps. Yet neither the judge nor the Board did so. ... Here, neither the immigration judge nor the Board followed our instructions...

August 24, 2023

USCIS Policy Alert: Physician National Interest Waivers

USCIS, Aug. 16, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to confirm the evidentiary requirements for physicians seeking a national interest waiver of the job offer requirement based on work in an underserved area or at a U.S. Department of Veterans Affairs facility."

August 24, 2023

USCIS Policy Alert: Sought to Acquire Requirement Under the Child Status Protection Act

USCIS, Aug. 24, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify that USCIS considers the recent February 14, 2023, policy change to be an extraordinary circumstance that may excuse the “sought to acquire” requirement under the Child Status Protection Act (CSPA) in particular situations."