June 25, 2023

U.S. - India Visa News (White House)

White House, June 22, 2023 Domestic Visa Renewals: The U.S. Department of State will launch a pilot this year to adjudicate domestic renewals of certain petition-based temporary work visas, including for Indian nationals, who will no longer be required to leave the country for renewal in eligible categories. The Department of State will implement this for an expanded pool of H1B and L visa holders in 2024, with the...

June 23, 2023

U.S. v. Texas (8-1)

U.S. v. Texas (8-1) - 606 F. Supp. 3d 437, reversed. KAVANAUGH, J., delivered the opinion of the Court, in which ROBERTS, C. J., and SOTOMAYOR, KAGAN, and JACKSON, JJ., joined. GORSUCH, J., filed an opinion concurring in the judgment, in which THOMAS and BARRETT, JJ., joined. BARRETT, J., filed an opinion concurring in the judgment, in which GORSUCH, J., joined. ALITO, J., filed a dissenting opinion. "In 2021,...

June 23, 2023

U.S. v. Hansen (6-2)

U.S. v. Hansen (6-2) - 25 F. 4th 1103, reversed and remanded. BARRETT, J., delivered the opinion of the Court, in which ROBERTS, C. J., and THOMAS, ALITO, KAGAN, GORSUCH, and KAVANAUGH, JJ., joined. THOMAS, J., filed a concurring opinion. JACKSON, J., filed a dissenting opinion, in which SOTOMAYOR, J., joined. "A federal law prohibits “encourag[ing] or induc[ing]” illegal immigration. 8 U. S. C. §1324...

June 23, 2023

BIA Job Opening

EOIR, June 23, 2023 "The Executive Office for Immigration Review (EOIR) at the Department of Justice (DOJ) is seeking a highly-qualified individual to join our team of expert professionals who serve as Appellate Immigration Judges. This is an Excepted Service position, subject to a probationary period. The initial appointment is for a period not to exceed 24 months. Conversion to a permanent position is contingent...

June 22, 2023

TX CA4 on Habeas, Operation Lone Star, Equal Protection: Ex Parte Aparicio

Ex Parte Aparicio "As part of Operation Lone Star, Luis Alfredo Aparicio, a noncitizen, was arrested for trespassing on private property in Maverick County. He filed an application for writ of habeas corpus seeking dismissal of the criminal charge, arguing the State’s selective prosecution of him violated the Constitution’s Equal Protection Clause and the Texas Constitution’s Equal Rights Amendment...

June 22, 2023

Supreme Court on Obstruction of Justice, Aggravated Felony: Pugin v. Garland (6-3)

Pugin v. Garland (6-3) "Federal law provides that noncitizens convicted of an “aggravated felony” are removable from the United States. The definition of “aggravated felony” includes federal or state offenses “relating to obstruction of justice.” 8 U. S. C. §1101(a)(43)(S). The question here is whether an offense “relat[es] to obstruction of justice” under §1101...

June 21, 2023

Announcing the Fallon Smart Policy – Visa Restrictions on Foreign Government Officials Who Have Assisted Fugitives in Evading the U.S. Justice System

State Department, June 21, 2023 "The Department of State is committed to deterring and promoting accountability for extraordinary foreign government involvement in aiding fugitives to evade the U.S. justice system. Under Section 212(a)(3)(C) of the Immigration and Nationality Act, I am announcing a new policy of visa restrictions on foreign government officials and agents who have intervened in a manner beyond...

June 21, 2023

A Step-by-Step Guide to Filing a FOIA Lawsuit

AIC, June 20, 2023 " This Practice Advisory provides immigration practitioners with step-by-step instructions a bout how to file a laws uit under the Freedom of Information Act. The Advisory explains the preliminary steps that need to be completed before filing the lawsuit, the appropriate parties in a FOIA case, the proper venue for filing, the types of claims litigants may bring, how to file the complaint and...

June 20, 2023

CA2 on CIMT: Giron-Molina v. Garland

Giron-Molina v. Garland "Petitioner Maria Monserrat Giron-Molina seeks review of a decision of the Board of Immigration Appeals (“BIA”) dismissing her appeal, ordering her removed, and denying her application for cancellation of removal. The BIA ordered that she be removed under 8 U.S.C. § 1227(a)(2)(A)(i)(I) for having been convicted of a crime involving moral turpitude (“CIMT”). See...

June 20, 2023

TPS Designations for El Salvador, Honduras, Nepal and Nicaragua Reinstated and Extended for 18 Months

USCIS email to stakeholders, June 20, 2023 - " Current Beneficiaries Must Re-register to Maintain Their Status After June 30, 2024 WASHINGTON — The Department of Homeland Security (DHS) today posted Federal Register notices extending the Temporary Protected Status (TPS) designations of El Salvador , Honduras , Nepal , and Nicaragua for 18 months. These notices follow the decision of Secretary of Homeland...

June 16, 2023

Unpub. BIA Victory: I-261 Does Not Cure Defective NTA

Matter of X-, June 9, 2023 "We affirm the Immigration Judge's determination that the DHS may not remedy a defective NTA by filing a Form I-261. ... The DHS' appeal is dismissed." [Hats off to Yasmin Voglewede !]

June 16, 2023

Immigration Law: An Open Casebook (Ver. 2.0, June 13, 2023)

Prof. Kit Johnson " Immigration Law: An Open Casebook is the first open-source/open-access casebook on U.S. immigration law. It is designed to serve as the principal text for a broad-based immigration law course as well as a specialty course on crimmigration. The book provides explanations and primary source readings regarding immigration law in the United States. Topics include the constitutional bases for regulating...

June 14, 2023

USCIS Policy Alert: EADs Based on Compelling Circumstances

USCIS, June 14, 2023 "...USCIS may provide employment authorization to beneficiaries of approved employment-based immigrant visa petitions who face delays due to backlogs in immigrant visa availability. Beneficiaries who face adverse circumstances resulting from termination from employment and loss of nonimmigrant status, may qualify for an Employment Authorization Document (EAD) if they face compelling circumstances...

June 14, 2023

EOIR Director's Memo: Language Access in Immigration Court

EOIR, June 6, 2023 "Given the demographics of noncitizens in immigration court proceedings, interpretation and translation services must be provided into a wide range of languages. This memo will discuss interpretation and access to these other services. It supersedes and rescinds Operating Policies and Procedures Memorandum 04-08, Contract Interpreter Services."

June 13, 2023

USCIS J Visa Policy Alert (June 8, 2023)

USCIS, June 8, 2023 "Policy Highlights • Provides general information about the exchange visitor (J) visa classification and explains USCIS’ role in adjudicating change of status requests and applications for employment authorization for J-2 family members. • Explains the INA 212(e) foreign residence requirement and provides information about USCIS’ adjudication of available waivers, including...

June 09, 2023

USCIS Afghan Parole News (June 8, 2023)

1. Re-Parole Process for Certain Afghans 2. Afghan Re-Parole FAQs 3. Certain Afghan Parolees Are Employment Authorized Incident to Parole

June 08, 2023

Visa Bulletin For July 2023

Visa Bulletin for July 2023 Retrogressions... 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. Number use has remained steady, and there is a strong likelihood that it will be necessary to retrogress the final action date next month to keep number use within the FY-2023 annual limit. Additionally, number use...

June 08, 2023

CA9 on Due Process: Arizmendi-Medina v. Garland

Arizmendi-Medina v. Garland "Andres Arizmendi-Medina, a native and citizen of Mexico, was ordered by an immigration judge (IJ) to be removed from the United States after the IJ ruled that Arizmendi-Medina’s application for relief from removal was untimely. The Board of Immigration Appeals (BIA) agreed with the IJ and dismissed Arizmendi-Medina’s appeal. Arizmendi-Medina timely petitioned for review...

June 08, 2023

Round Table Files Amicus Brief in East Bay Sanctuary v. Biden

Filed June 7, 2023

June 06, 2023

ICE SEVP Broadcast Message: Termination of SEVP COVID-19 Flexibilities

ICE, May 11, 2023 "General Information President Biden announced the termination of the Coronavirus Disease (COVID-19) Public Health Emergency, effective on May 11, 2023, following the termination of the COVID-19 National Emergency on April 10, 2023. While the Student and Exchange Visitor Program’s (SEVP) COVID-19 guidance is terminated as of May 11, 2023, Active F and M nonimmigrant students will be...

June 06, 2023

Nonimmigrant Visa Fee Increases to Take Effect June 17, 2023

State Department, June 2, 2023 "On June 17, 2023, the nonimmigrant visa (NIV) application processing fee for visitor visas for business or tourism (B1/B2s and BCCs), and other non-petition based NIVs such as student and exchange visitor visas (F, M, and J visas), will increase from $160 to $185. The fee for certain petition-based NIVs for temporary workers (H, L, O, P, Q, and R categories) will increase from $190...

June 05, 2023

EOIR Job Opening: Attorney Advisor

EOIR, June 5, 2023 " EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR) OFFICE OF POLICY ATTORNEY 5107 LEESBURG PIKE FALLS CHURCH , VA 22041 UNITED STATES EOIR-23-0061 About the Office: This position is located in the Office of Policy, Executive Office for Immigration Review, U. S. Department of Justice. This position may be eligible for remote work...

June 05, 2023

ETA 9089: The Haunting

Cyrus D. Mehta, Kaitlyn Box, June 5, 2023 "The new ETA 9089 form has gone into effect and DOL stopped using the old version of the form on the evening of May 31, 2023. The new form does not have Box H.10-B. In our previous blog , we discussed the rise in PERM labor certification denials related to question H.10-B between October 2022 and March 2023. Does that mean that the problem has gone away? Not entirely, since...

June 01, 2023

Remembering Mark Von Stenberg Through Matter of Recinas

Cyrus Mehta, May 29, 2023 "I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf of the most vulnerable immigrants. He was a Senior Attorney with Catholic Charities Community Services/Archdiocese of New York where he concentrated his practice in defending noncitizens in removal proceedings. Mark was...

May 31, 2023

CA1 on Realistic Probability: Portillo v. DHS

Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment of status. Because we find that a conviction under Massachusetts General Laws ("MGL") ch. 269, § 11C is not categorically a firearm offense as defined by 8 U.S.C. § 1227(a)(2)(C), we grant the petition...