August 24, 2023

Practice Alert: Overview of Pugin v. Garland

NIPNLG, AIC, Aug. 23, 2023 " This practice alert analyzes the Supreme Court’s recent decision in Pugin v. Garland , 143 S. Ct. 1833 (2023). The June 22 opinion addressed the generic definition of the obstruction of justice aggravated felony ground at 8 U.S.C. § 1101(a)(43)(S). The Court held that a conviction may be an offense “relating to obstruction of justice,” even if it does not require...

August 23, 2023

CA1 on CAT, Standard of Review: Murillo Morocho v. Garland

Murillo Morocho v. Garland "Petitioner Darwin Murillo Morocho seeks review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of his application for deferral of removal to Ecuador under the Convention Against Torture ("CAT"). Murillo Morocho claims that, if returned to Ecuador, it is more likely than not that he would be tortured by the Ecuadorian government itself...

August 23, 2023

Changes in Work From Home Policies After Labor Certification Has Been Filed

Cyrus D. Mehta and Jessica Paszko, Aug. 23, 2023 "As a response to the COVID-19 pandemic, employers implemented telecommuting policies, and work-from-home became the norm for much of the workforce. Three years later, many of those employees are dusting off their lunchboxes and ironing their work suits as their employers call them back to the office. While the turning back of these policies may be met with groans...

August 22, 2023

EOIR OGC Job Opening

EOIR, Aug. 22, 2023 " Duties include but are not limited to the following: Provides counsel and guidance to explain legal considerations and analysis affecting component program operations, as required for compliance with federal law, including but not limited to the Immigration and Nationality Act, the Privacy Act, the FOIA, the Rehabilitation Act, the Americans with Disabilities Act, and the Paperwork Reduction...

August 21, 2023

USCIS Launches Online Appointment Request Form

USCIS, Aug. 21, 2023 "U.S. Citizenship and Immigration Services has launched a new online form for individuals, attorneys, and accredited representatives to request an in-person appointment at their local field office without having to call the USCIS Contact Center. This online appointment request form allows individuals or legal representatives to request an in-person appointment at a field office only , for...

August 21, 2023

Practice Advisory: Motions to Reopen Migrant Protection Protocols Removal Orders

NIPNLG, Aug. 18, 2023 " This practice advisory , authored by the National Immigration Project and the Center for Gender and Refugee Studies, offers a comprehensive review of strategies for reopening cases that were denied under the Migrant Protection Protocols ("MPP"), including equitable tolling arguments, the substantive standards for reopening in absentia and non-in absentia removal orders, and tips...

August 18, 2023

TPS Extended, Redesignated for Sudan, Ukraine

Extension and Redesignation of Sudan for Temporary Protected Status Employment Authorization for Sudanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Sudan Extension and Redesignation of Ukraine for Temporary Protected Status Employment Authorization for Ukrainian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of...

August 17, 2023

CA2 on Credibility: Belkaniya v. Garland

Belkaniya v. Garland (unpub.) "We grant Belkaniya’s petition because we find error in the agency’s consideration of one inconsistency and cannot be confident that the agency would draw an adverse credibility determination on the basis of the remaining inconsistencies. ... The petition for review is GRANTED, the agency’s decisions are VACATED, and the case is REMANDED. All pending motions and applications...

August 15, 2023

OFLC Posts 2023 Q3 Data, Stats

OFLC, Aug. 15, 2023 "The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2023) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. The public disclosure files include all final determinations...

August 15, 2023

EOIR to Close Boise Hearing Location

EOIR, Aug. 15, 2023 "EOIR to Stop Holding Hearings in Boise on S. Vinnell Street All Idaho and Montana Cases Also to Transfer from Salt Lake City to Portland FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced that it will no longer hold hearings in Boise, Idaho, effective at the close of business on Aug. 31, 2023. Due to the Department of Homeland Security’s (DHS...

August 15, 2023

New BIA Board Member: Katharine E. Clark

EOIR, Aug. 14, 2023 "The Executive Office for Immigration Review (EOIR) today announced the appointment of Katharine E. Clark as a Board Member of EOIR’s Board of Immigration Appeals (BIA). The BIA is the highest administrative body for interpreting and applying immigration laws, having nationwide jurisdiction to hear appeals of decisions by adjudicators, including Immigration Judges. Biographical information...

August 14, 2023

PWS Dissents

The Hon. Paul Wickham Schmidt, former Chair of the BIA , filed this dissent to Matter of J-G-R- , 23 I &N Dec. 733 (BIA 2023).

August 11, 2023

Garland Names 38 New Immigration Judges

EOIR, Aug. 11, 2013 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 38 immigration judges to courts in California, Florida, Georgia, Illinois, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, Ohio, Texas, Utah, and Virginia. Attorney General Merrick Garland administered the oath of office and delivered remarks during the investiture, which was held today at the Department...

August 11, 2023

USCIS Policy Alert: Bona Fide Determination Process for Qualifying Family Members of U Nonimmigrant Victims of Qualifying Crimes

USCIS, Aug. 11, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to provide that USCIS may review and determine if a qualifying family member’s petition for U nonimmigrant status is bona fide, and if already filed, adjudicate their Application for Employment Authorization (Form I-765), once the principal petitioner receives a Bona Fide Determination (BFD), even if...

August 11, 2023

CA9 on Asylum, Nexus, Evidence, Motions to Reopen: Reyes-Corado v. Garland

Reyes-Corado v. Garland "Francisco Reyes-Corado (“Reyes-Corado”), a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (“BIA”) denying ReyesCorado’s motion to reopen. We grant the petition for review and remand to the BIA for further proceedings consistent with this opinion. 1 1 Reyes-Corado has filed a separate petition for review...

August 11, 2023

BIA on CAT: Matter of J-G-R-

Matter of J-G-R- (1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct by an official who is not acting in an official capacity is not covered. Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020), followed. (2) The key consideration in determining...

August 11, 2023

EB-1A Extraordinary Ability I-140 Victory: Golani v. Allen

Golani v. Allen "USCIS failed to consider and address several important factors surrounding Dr. Golani's citation record as a whole. ... USCIS acted in an arbitrary and capricious manner because they failed to adequately explain why Dr. Golani's submitted letters, articles, and citation record do not prove originality or major significance by a preponderance of the evidence. ... Plaintiff's motion for...

August 11, 2023

A New Crack in the Consular Nonreviewability Armor: Arias v. Garland

Arias v. Garland "The Court is sensitive to consular officers’ broad—and usually unreviewable—authority to adjudicate visa applications. Even so, Mandel places a burden on the Government to provide a modicum of explanation for a visa denial when a citizen’s constitutional rights are implicated. Here, without more specific information as to why Mr. Sandoval’s visa was denied, Ms. Arias...

August 10, 2023

DHS Modernizes Cuban and Haitian Family Reunification Parole Processes

DHS, Aug. 10, 2023 "The Department of Homeland Security (DHS) today published Federal Register notices* that will update and modernize the Cuban and Haitian family reunification parole (FRP) processes, reflecting extensive feedback from stakeholders on these important programs. With the modernization of these processes, petitioners will be able to complete most of the FRP process on a secure online platform, eliminating...

August 08, 2023

Judge Finds "Tolling" Regulations for SIJ Petitions Violates Law in Casa Libre v. Mayorkas

CHRCL, Aug. 8, 2023 via stakeholder email : "In March 2022, the Center for Human Rights and Constitutional Law--with the Central American Resource Center (CARECEN) (Los Angeles and Washington DC), Legal Services for Children, La Raza Centro Legal, Inc., and the Coalition for Humane Immigrant Rights (CHIRLA)--challenged the processing times for Special Immigrant Juvenile (SIJ) petitions in Casa Libre v. Mayorkas ...

August 08, 2023

CA9 on Burden of Proof: Fonseca-Fonseca v. Garland

Fonseca-Fonseca v. Garland "Mario Fonseca-Fonseca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. Fonseca-Fonseca sought to reopen his immigration proceedings to apply for cancellation of removal. The BIA found that he failed to establish prima facie eligibility for cancellation of removal because he did not submit...

August 08, 2023

Visa Bulletin for September 2023

Visa Bulletin for September 2023 See Notes E and F: E. AVAILABILITY OF EMPLOYMENT-BASED VISAS DURING SEPTEMBER Employment-based number use by both USCIS and Department of State has been steady during the fiscal year. As a result, most employment-based preference category limits and/or the overall employment-based preference limit for FY 2023 are expected to be reached during September. If at any time an annual limit...

August 07, 2023

CA1 on BIA Sua Sponte Reopening Authority: Mancia v. Garland

Mancia v. Garland "Mancia would like to have her removal proceedings reopened so that her request for suspension of deportation can be adjudicated according to the still-extant substantive NACARA standards. ... She contends that nothing in NACARA limits the Board's general discretionary power to reopen sua sponte a case in which it has rendered a decision. Indeed, that inherent discretion is codified. See 8...

August 07, 2023

CA11 on GMC, CIMT, Categorical Approach: USA v. Lopez

USA v. Lopez "This appeal requires us to decide how to apply the categorical approach to a conspiracy crime—a question of first impression in our Circuit. The United States seeks to revoke Lisette Lopez’s naturalization on the ground that she committed a crime of moral turpitude within five years of applying for citizenship and willfully concealed or misrepresented during the application process the...

August 07, 2023

Advance Copy of ICE Bond Interim Final Rule

This document is scheduled to be published in the Federal Register on 08/08/2023 "DHS is revising its regulations governing service of bond notifications. Current regulations authorize ICE to serve documents in-person, or by certified, registered, or first-class (regular) mail. This IFR authorizes ICE to electronically serve bond-related notifications to obligors for immigration bonds. The ICE transition to electronic...