August 04, 2023

CA9 Panel Stays Judge Tigar's Block of Biden Asylum Ban

East Bay Sanctuary Covenant v. Biden "Before: W. FLETCHER, PAEZ, and VANDYKE, Circuit Judges. Order by Judges W. FLETCHER and PAEZ; Dissent by Judge VANDYKE. The motion to stay the district court’s July 25, 2023, order and judgment (Docket Entry No. 8) is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). We sua sponte expedite the briefing and hearing of this...

August 03, 2023

H-2A FAQ Round 6: Labor Contractors

OFLC, Aug. 3, 2023 "U.S. Department of Labor Employment and Training Administration OFFICE OF FOREIGN LABOR CERTIFICATION 2022 H-2A Final Rule FAQs Round 6: H-2A Labor Contractors (H-2ALCs) August 3, 2023"

August 03, 2023

Habeas, EAJA Fee Victory in Colorado: Viruel Arias v. Choate

Michael Karlik, Colorado Politics, Aug. 2, 2023 "A federal judge has determined the government was unjustified in its fight to keep a woman locked up in an Aurora immigrant detention center while her deportation case proceeded. U.S. District Court Judge Charlotte N. Sweeney ordered the federal government last September to hold a hearing to determine whether Brenda Viruel Arias should be released from custody. Sweeney...

August 02, 2023

CA10 on CAT, Jurisdiction: Arostegui-Maldonado v. Garland

Arostegui-Maldonado v. Garland "Petitioner Dennis Humberto Arostegui-Maldonado, a citizen of Costa Rica and El Salvador, was removed from the United States in 2008. In 2021, he reentered. The Department of Homeland Security (“DHS”) reinstated his removal order. Mr. Arostegui-Maldonado told an asylum officer that he feared persecution or torture in Costa Rica and El Salvador. The officer referred his...

August 01, 2023

BIA Amicus Brief Invitation: Notice to Appear (Due Aug. 31, 2023)

EOIR, Aug. 1, 2023 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: Pursuant to Matter of Fernandes, 28 I&N Dec. 605 (BIA 2022): 1. Should an Immigration Judge allow DHS to remedy a non-compliant Notice to Appear? 2. To remedy a non-compliant Notice to Appear, is either (1) issuing an I-261, or (2) amending...

August 01, 2023

USCIS Policy Alert: Statelessness

USCIS, Aug. 1, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address stateless noncitizens present in the United States."

August 01, 2023

USCIS Affirmative Asylum Processing Manual

The Louise Trauma Center obtained the USCIS Affirmative Asylum Processing Manual (AAPM) via a FOIA request. The 253-page PDF can be viewed and downloaded here .

July 28, 2023

Expert Guidance from the First Circuit

Hon. Jeffrey S. Chase, July 28, 2023 "For Immigration Judges, country experts serve as the lens through which a confusing jumble of evidence becomes a clearer picture. No judge can be an expert on all countries; it is therefore by way of the country expert’s testimony that a determination can be made as to whether the asylum seeker’s predicament is a unique or a common one; a dispute is merely personal...

July 27, 2023

USCIS Will Conduct Second Random Selection from Previously Submitted FY 2024 H-1B Cap Registrations

USCIS, July 27, 2023 "In March 2023, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Only those petitioners with selected registrations for FY 2024 are eligible to file H-1B cap-subject petitions. The initial filing period for those with selected registrations...

July 26, 2023

FOIA Failure: ICE on Fire

[This is a long read, but very important for FOIA litigators!] "Government data show systemic failure in ICE’s FOIA Office. Will courts and Congress put it out?" R. Andrew Free writes : " Data released in March by the Department of Homeland Security (DHS) pursuant to the Freedom of Information Act (FOIA)’s annual reporting requirements revealed a near-total systems failure inside the U...

July 25, 2023

CA2 on Credibility: Chen v. Garland

Chen v. Garland "Zhi Bo Chen petitions for review of an order of the Board of Immigration Appeals (BIA) affirming a decision of an Immigration Judge (IJ) that denied his applications for asylum, withholding of removal, and relief under the Convention Against Torture, and ordered him removed from the United States. The IJ’s decision was based, in part, on its finding that Chen was not credible. Because certain...

July 25, 2023

Judge Vacates Biden Asylum Rule: "[T]he Rule is contrary to law."

East Bay Sanctuary Covenant v. Biden ORDER GRANTING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

July 25, 2023

Advance Copy of Proposed Rule: Third-Party Attendance at Appointments for Passport, Consular Report of Birth Abroad (CRBA), and Certain Other Services

This document is scheduled to be published in the Federal Register on 07/26/2023 "AGENCY: Department of State. ACTION: Notice of proposed rulemaking. SUMMARY: The Department proposes a rule to provide that private attorneys, interpreters, and other third parties may attend certain appointments at passport agencies and centers and at U.S. embassies and consulates abroad to assist the person requesting services ...

July 24, 2023

Cornell Asylum Clinic Wins 3 BIA Remands

Prof. Steve Yale-Loehr reports: "Thanks to the excellent work of our law students, our Cornell asylum clinic received three BIA remands this spring. A short summary of each case follows. ... If anyone wants redacted copies of our briefs, have them contact me directly. [Links to PDFs of remands highlighted below.] 1: IES is a citizen of Mexico and a former gang member. The immigration judge (IJ) denied withholding...

July 24, 2023

"The August 2023 Visa Bulletin is a disaster."

Cyrus D. Mehta, July 24, 2023 - Advancing the Dates for Filing in the State Department Visa Bulletin Will Restore Balance and Sanity to the Legal Immigration System "The August 2023 Visa Bulletin is a disaster. Here are some of the highlights: Establishment of Worldwide employment-based first preference (EB-1) final action date. Rest of World countries, Mexico, and Philippines will be subject to a final action...

July 24, 2023

Form I-9 News: Effective Aug. 1, 2023

Introduction of a New Version of Employment Eligibility Verification Form - "U.S. Citizenship and Immigration Services (USCIS) is announcing a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I-9 to verify the identity and employment authorization of their employees. USCIS made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s...

July 21, 2023

USCIS To Publish Revised Form I-9

USCIS, July 21, 2023 "On Aug. 1, 2023, U.S. Citizenship and Immigration Services will publish a revised version of Form I-9, Employment Eligibility Verification (PDF, 899.28 KB) . Among the improvements to the form is a checkbox employers enrolled in E-Verify can use to indicate they remotely examined identity and employment authorization documents under an alternative procedure authorized by the Department of...

July 20, 2023

USCIS Policy Alert: Incorporating Guidance on Applicability of the Public Charge Ground of Inadmissibility

USCIS, July 20, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to help applicants for adjustment of status more easily identify whether they are subject to the public charge ground of inadmissibility under section 212(a)(4) of the Immigration and Nationality Act (INA)."

July 18, 2023

NIPNLG Practice Advisory: Post-Departure Motions to Reopen and Reconsider

NIPNLG, July 2023 "Individuals seeking to reopen their immigration proceedings after departing or being removed from the United States face significant hurdles, including the potential application of the regulatory post-departure bar. This updated practice advisory provides information on the legal issues surrounding post-departure motions to reopen or reconsider. This update includes a summary of recent positive...

July 18, 2023

BIA Attorney Advisor Job Openings

DOJ, July 18, 2023 "The Executive Office for Immigration Review (EOIR) seeks highly-qualified individuals to join our team of expert professionals in becoming a part of our challenging and rewarding Agency. The primary mission of the EOIR is to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation's immigration laws. Under delegated authority from the...

July 18, 2023

Abbott's Billion Dollar Barrier

Justin Miller, Texas Observer, July 17, 2023 "Abbott’s scheme is slowly and inefficiently becoming what could be one of the largest and most expensive public infrastructure projects in state history. At his direction, the state government has identified about 800 miles of border supposedly in need of a barrier; at the state’s current pace, that would put taxpayers on the hook for nearly $20 billion...

July 17, 2023

"New Green Card Program" Post on Facebook Rated FALSE by Experts

Marta Campabadal Graus, Nuria Diaz Muñoz, PolitiFact, July 12, 2023 "A Facebook post states, "Revolutionary Green Card Program Approved!" and encourages users to follow a link for more information. The publication implies that the process is different depending on the age of the person. The post was flagged as part of Meta's effort to combat fake news and misinformation on its platform. (Read...

July 15, 2023

Visa Bulletin for August 2023

Visa Bulletin for August 2023 NOTE: D. FAMILY-SPONSORED SECOND PREFERENCE AVAILABILITY In the April 2023 Visa Bulletin , it was necessary to establish a final action date in the F2A category and Item D of the July 2023 Visa Bulletin warned of the strong possibility of retrogression as early as August. Number use has remained steady, and it has become necessary to retrogress the final action date to keep number...

July 14, 2023

Unpub. CA1 Victory: G.P. v. Garland

G.P. v. Garland "Petitioner G.P. seeks review of the Board of Immigration Appeals' ("BIA") decision affirming the denial of his application for protection under the Convention Against Torture ("CAT"). We first address our jurisdiction to hear this matter before turning to the merits. Ultimately, because the immigration judge's ("IJ") decisions -- giving limited weight to the...

July 14, 2023

DOS Updates Visa Classification Symbols

Federal Register / Vol. 88, No. 134 / Friday, July 14, 2023 "The Department of State (Department) amends its regulations governing nonimmigrant and immigrant visas to update classification symbols and descriptions for certain immigrant and nonimmigrant visas. DATES: This final rule is effective on September 12, 2023."