July 14, 2023

Unpub. CA5 Victory: Naah v. Garland

Naah v. Garland (unpub.) "Mercy Naah, a native of Cameroon, was charged as removable from the United States. She applied for asylum, withholding of removal, and protection under the Convention Against Torture. Naah demonstrated that she is unable or unwilling to return to Cameroon because of past persecution on account of her political opinion. Accordingly, we grant her petition for review as to her asylum and...

July 13, 2023

CAHO Amicus Invitation: Employer Sanctions (Due Aug. 10, 2023)

CAHO, July 13, 2023 "In connection with a remand from the Chief Administrative Hearing Officer (CAHO), the Chief Administrative Law Judge (CALJ) welcomes interested members of the public to file amicus curiae briefs discussing the below issue. ISSUE PRESENTED: When an employer is liable for 8 U.S.C. § 1324a violations that occurred after November 2, 2015, what date of assessment should be used to calculate...

July 13, 2023

CA4 on Nexus, Religious Persecution: Chicas-Machado v. Garland

Chicas-Machado v. Garland "In sum, the BIA erred in finding that Chicas-Machado was not a refugee under the INA due to a lack of nexus to a protected ground, religion. Chicas-Machado demonstrated past persecution on account of religion, and is therefore entitled to the presumption of a well-founded fear of future persecution. See Qiao Hua Li, 405 F.3d at 176-77. Recognizing the BIA’s error, we grant the petition...

July 13, 2023

CA4 on Defective NTA: Lazo-Gavidia v. Garland

Lazo-Gavidia v. Garland "This petition raises important questions about proper notice in removal proceedings. Federal immigration law mandates that the government provide a noncitizen with a written notice to appear that contains certain critical details about her removal hearing, including the “time and place” of the proceedings. In a pair of recent decisions, the Supreme Court has clarified that the...

July 13, 2023

H-2A AEWR FAQ, Round 2 (July 11, 2023)

DOLETA, July 11, 2023 "2023 H-2A Adverse Effect Wage Rate (AEWR) Final Rule FAQs Round 2: AEWR Determination Guidance"

July 13, 2023

CA8 on Shoplifting: Thok v. Garland

T hok v. Garland "Because an offender can be convicted under Nebraska’s shoplifting statute when he acts with an intent not encompassed by a generic theft offense, we hold that the statute sweeps more broadly than the generic federal offense. Accordingly, the BIA erred in finding that Thok was removable for having committed a theft offense—and, thus, an aggravated felony—based upon his Nebraska...

July 12, 2023

CA2 on IAC, Prejudice, Hardship, Continuance: Paucar v. Garland

Paucar v. Garland "Petitioner Juan Pablo Paucar petitions for review of a January 22, 2021 Board of Immigration Appeals (“BIA”) decision (1) affirming an Immigration Judge’s denial of his application for cancellation of removal and (2) denying his motion to remand. The BIA rejected Paucar’s ineffective assistance of counsel claim, declined to remand for consideration of additional hardship...

July 11, 2023

CA4 on PSG, Political Opinion and CAT: Santos Garcia v. Garland

Santos Garcia v. Garland "Petitioner Christian Alberto Santos Garcia, a native and citizen of El Salvador, has twice travelled unlawfully into the United States — first in 2012, and again in 2016. In both instances, Garcia fled threats to his life and attacks carried out against him by the 18th Street Gang and the Salvadoran police. After seeking protection from removal before an immigration judge (the “IJ”...

July 11, 2023

OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2023, for Employers Seeking H-2B Workers Starting October 1, 2023

OFLC, July 10, 2023 "To keep the public informed regarding the submission and assignment of H-2B applications for review, the Office of Foreign Labor Certification (OFLC) published the Assignment Groups for 2,157 H-2B applications covering 40,947 worker positions with a work start date of October 1, 2023. OFLC completed the randomization process on July 6 and assigned to National Processing Center analysts all...

July 10, 2023

A Template For Reform

DHS’s Family Reunification Parole Initiative Can Serve as Template for Other Bold Executive Actions to Reform the Immigration System Without Fear of Being Sued by a State Cyrus D. Mehta and Kaitlyn Box, July 10, 2023 "On July 7, 2023, DHS announced a new family reunification parole initiative for beneficiaries of approved I-130 petitions who are nationals of Colombia, El Salvador, Guatemala, & Honduras...

July 08, 2023

Prof. Elizabeth McCormick, R.I.P.

Dean Miriam Marton writes: "It is with great sadness that I write to let you know that our beloved colleague, Elizabeth McCormick, aka Betsy, passed away this morning after a fierce battle with ALS. In her typical warrior fashion, Betsy fought this horrid disease with everything she had and then some, advocating not only for herself but for others and their families stricken by ALS. Betsy was a mentor and a dear...

July 08, 2023

USCIS Policy Alert: ASC Reschedule Requests and Missed Appointments

USCIS, July 6, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address procedures related to biometric services appointments at an Application Support Center (ASC). ... "

July 07, 2023

CA4 on Internal Relocation: Ullah v. Garland

Ullah v. Garland "The United States’ war in Afghanistan required regional allies willing to aid the effort. One such ally was Shaker Ullah, a Pakistani businessman who sold supplies to coalition forces. This invoked the wrath of the Pakistani Taliban, which demanded exorbitant payments from Ullah under threat of death. Ullah repeatedly refused, and the Taliban attempted to carry out its threat, promising...

July 07, 2023

Groups Sue EOIR To Find Out Why Immigrants’ Court Hearings Are Moved Up on Short Notice

AIC, July 6, 2023 "Immigration attorneys representing immigrants in removal proceedings frequently report that immigration courts move up the date of their clients’ individual hearings with limited to no notice about the rescheduling and without any input from immigrants or their lawyers. This unilateral practice can have serious consequences. Individual hearings are where immigrants fighting...

July 07, 2023

Multiple Failures Trigger Remand to BIA: Chen v. Garland

Chen v. Garland "Petitioner Zuowei Chen is a native of China admitted to the United States on a student visa in 2009. Chen now seeks review of a Board of Immigration Appeals order denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture. If removed to China, Chen fears, he will be persecuted and tortured by Chinese authorities, who in 2008 allegedly imprisoned...

July 06, 2023

DOS on India EB-3 Retrogression (June 26, 2023)

DOS, June 26, 2023 "This notice serves to clarify the retrogression that will take place for Employment-Based Third preference (EB-3) visa applicants chargeable to India, effective in the July 2023 Visa Bulletin . This notice is updated to further explain the reason for pro-rating EB-3 visas for applicants chargeable to India. Why did the Department of State retrogress the India EB-3 Final Action Date in the...

July 05, 2023

CA3 on Defective NTA: Madrid-Mancia v. Atty. Gen.

Madrid-Mancia v. Atty. Gen. "Edin Donelsy Madrid-Mancia received a document labeled “Notice to Appear” from the Department of Homeland Security informing her that she faced removal, but it omitted the date and time of her removal hearing. A harmless oversight, reasons the Department of Justice, because it sent Madrid-Mancia a second document (this one labeled “Notice of Hearing”) years later...

July 03, 2023

CA2 on Notice: Ud Din v. Garland

Ud Din v. Garland "[A] question arises as to how the Ud Dins’ removal will affect their future ability to apply for reentry to the United States. A permanent and unwaivable bar on reentry applies to any alien who filed a frivolous claim for asylum after receiving notice of that consequence. Otherwise, the alien may be subject to lesser, waivable bars on reentry. Because this court cannot determine on the...

July 03, 2023

Supreme Court to Hear Immigration Cases

Cert. granted in: Garland v. Singh Campos-Chavez v. Garland Wilkinson v. Garland

July 03, 2023

Canada's New Visa Program: What Does It Mean For H-1Bs?

David Isaacson, June 29, 2023 "In a news release on June 27 issued following remarks at the Collision 2023 conference , Canada’s Minister of Immigration, Refugees and Citizenship, Sean Fraser, announced several new measures as part of “Canada’s first-ever Tech Talent Strategy.” One that will likely be of interest to many foreign workers in the United States is “the creation of an open...

June 29, 2023

Positive CRCL Outcome Against Cibola and ICE El Paso

Sophia Genovese writes: "[ Here ] is a response from CRCL regarding a complaint the New Mexico Immigrant Law Center filed last year against Cibola County Correctional Center and the ICE El Paso Field Office. As a quick background, our client suffered a knee and ankle injury while playing soccer at the facility. Not long after, he was denied asylum and did not appeal the decision, and he was staged for deportation...

June 29, 2023

CBP Metering FOIA Victory in PA: Hoffman v. CBP

Andrew Free writes: "Judge Anita Brody of the US District Court for the Eastern District of Pennsylvania issued an order denying CBP’s motion for summary judgment on search adequacy, and granting in part Plaintiff Karen Hoffmann’s motion for summary judgment as to search adequacy. The Court entered an injunction requiring CBP to task supplemental searches, and supplement agency declarations about its...

June 27, 2023

OFLC Posts O*NET Appendix A (eff. July 1, 2023)

OFLC, June 27, 2023 "On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification (OFLC) was updating Appendix A to the Preamble–Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional...

June 26, 2023

CA4 on Nexus: Marvin A.G. v. Garland

Marvin A.G. v. Garland "Upon our review, we conclude that the Board abused its discretion by applying an incorrect legal standard in its nexus analysis for the petitioner’s asylum and withholding of removal claims. We also hold with regard to these two claims that the Board abused its discretion by arbitrarily disregarding the petitioner’s testimony about the threat of future persecution. However, we...

June 26, 2023

CA9: BIA's Application of Richmond Untenable, Unmoored, Unreasonable, Incoherent: Ramírez Muñoz v. Garland

Ramírez Muñoz v. Garland "We must decide whether Ramírez’s conduct—lying to local authorities about U.S. citizenship—was for a “purpose or benefit under” a particular law. The BIA, relying on its Richmond decision, concluded that Ramírez lied about his citizenship “for the purpose of avoiding removal proceedings.” See In re Richmond, 26 I. &...