August 31, 2022

CA9 on INTERPOL Red Notice, CAT: Gonzalez-Castillo v. Garland

Gonzalez-Castillo v. Garland "Petitioner Oscar Gonzalez-Castillo was found to be ineligible for withholding of removal by an Immigration Judge (“IJ”) because there were “serious reasons to believe that [he] committed a serious nonpolitical crime” in his home country of El Salvador. 8 U.S.C. § 1231(b)(3)(B)(iii). The government only presented one piece of evidence supporting application...

August 30, 2022

USCIS Policy Alert: Guidance for Special Immigrant and Nonimmigrant Religious Workers

USCIS, Aug. 30, 2022 "...This update provides reorganized and more detailed information related to special immigrant religious workers. In addition, for both special immigrant and R-1 nonimmigrant religious worker petitions, this update clarifies the circumstances under which certain related petitioners may meet the compensation requirements even if the attesting employer is not the entity that will directly compensate...

August 30, 2022

USCIS Posts TRIG Exemptions (Aug. 29, 2022)

USCIS, Aug. 29, 2022 "Terrorism-Related Inadmissibility Grounds (TRIG) - Situational Exemptions The secretaries of the departments of state and homeland security, in consultation with the attorney general, may authorize exemptions from the terrorism-related inadmissibility grounds (TRIG). See Immigration and Nationality Act (INA) section 212(d)(3)(B)(i). These exemptions do not apply to individuals engaged...

August 30, 2022

CA9 on Credibility, Changed Conditions (Sikhs in India) - Singh v. Garland

Singh v. Garland "We have held that the Board of Immigration Appeals (BIA) may rely on a prior adverse credibility determination to deny a motion to reopen if that earlier finding factually undercuts the petitioner’s new argument. Greenwood v. Garland, 36 F.4th 1232, 1234 (9th Cir. 2022). But that does not mean the BIA can deny a motion to reopen just because that motion touches upon the same claim or subject matter...

August 30, 2022

CA1 on Abuse of Discretion: Rivera-Medrano v. Garland

Rivera-Medrano v. Garland "Karen Elizabeth Rivera-Medrano, a citizen and native of El Salvador, has petitioned for review of an order of the Board of Immigration Appeals ("BIA") affirming the denial of her request for withholding of removal under 8 U.S.C. § 1231(b)(3) and protection under the Convention Against Torture ("CAT"), 8 C.F.R. §§ 1208.16(c)–1208.18, and denying her motion to remand...

August 30, 2022

TX Sup. Ct. Renews Emergency Order Regarding Indigent Defense (Operation Lone Star)

Supreme Court of Texas, Aug. 29, 2022 -  Renewed Emergency Order Regarding Indigent Defense and the Border Security State of Disaster "ORDERED that: 1. Governor Abbott has declared a state of disaster concerning border security in 53 counties in the State of Texas. This Order is issued pursuant to Section 22.0035(b) of the Texas Government Code. 2. The Renewed Emergency Order Regarding Indigent Defense and the...

August 30, 2022

Official FR Version of DACA Final Rule (Aug. 30, 2022; eff. Oct. 31, 2022)

Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Rules and Regulations "On September 28, 2021, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM or proposed rule) that proposed to establish regulations to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy to defer removal of certain noncitizens who years earlier came to the United...

August 26, 2022

EOIR Updates BIA, Immigration Court Practice Manuals (Aug. 26, 2022)

EOIR, Aug. 26, 2022 "For over two decades, the public has relied upon the Executive Office for Immigration Review’s public-facing guidance for practice before the agency. The Board of Immigration Appeals Practice Manual was first published in 1999, the Immigration Court Practice Manual in 2008, and the Office of the Chief Administrative Hearing Officer Practice Manual in 2021. Together, these manuals have been...

August 26, 2022

Settlement Reached in EB-5 Regional Center Litigation: Behring II

EB5 Capital v. DHS "Previously Approved Regional Centers Retain Approval ... Previously Approved Regional Centers May Immediately File Project Applications and USCIS Must Thereafter Accept Investor Petitions ... Previously Approved Regional Centers Will Be Governed by the Integrity Act"

August 26, 2022

DACA Final Rule: What You Need to Know

Penn State Law, Aug. 25, 2022 "The goal of this document is to provide general information and is not meant to act as a substitute for legal advice from an attorney. ..."

August 25, 2022

CA4: IJ Milo Bryant Violated Respondent's Due Process Rights; Illegal Reentry Indictment Dismissed

US v. Fernandez Sanchez "Bonifacio Fernandez Sanchez, a Mexican citizen who migrated to the United States illegally as a minor in 2006, was deported in 2011 following a four-minute removal hearing. During that hearing, the immigration judge neglected to advise Fernandez Sanchez about his eligibility for voluntary departure or inform him of his right to appeal. Then, in his written summary order, the immigration...

August 24, 2022

DHS Issues Regulation to Preserve and Fortify DACA

DHS, Aug. 24, 2022 "Homeland Security Secretary Alejandro N. Mayorkas today announced that the Department has issued a  final rule  that will preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy for certain eligible noncitizens who arrived in the United States as children, deferring their removal and allowing them an opportunity to access a renewable, two-year work permit. Since its inception...

August 24, 2022

CA3 Categorical Approach Victory: Vurimindi v. Atty. Gen.

Vurimindi v. Atty. Gen. "We are called on here to decide whether Pennsylvania’s stalking statute, 18 Pa. Stat. and Cons. Stat. § 2709.1(a)(1), constitutes a removable offense under the Immigration and Nationality Act, or, applying the so-called “categorical approach,” whether the elements of the Pennsylvania offense are a categorical match to the elements of the generic “crime of stalking” for which a noncitizen...

August 24, 2022

DOL Claims $7.2M Investment Will Improve PERM

DOL, Aug. 24, 2022 -  OFLC Announces the awarding of an investment from the Technology Modernization Fund to develop a new Permanent Labor Certification Program "To keep the public informed regarding the development and modernization of the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) efforts to enhance and improve customers experience and security in the Permanent Labor Certification...

August 23, 2022

EOIR Job Opening: Supervisory Attorney Advisor (Immigration Law Division)

EOIR, Aug. 23, 2022 "Job Description: The Supervisory Attorney Advisor (ILD) manages the day-to-day operations of the Immigration Law Division. Duties include but are not limited to the following: Plan and direct general legal activities of the Agency with the objective of assuring that all actions taken are in accordance with law and regulation with special emphasis on assuring that actions taken conform...

August 23, 2022

USCIS Reaches Fiscal Year 2023 H-1B Cap

USCIS, Aug. 23, 2022 "USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2023. We have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H...

August 20, 2022

BIA Badly Bungles Frentescu Stress Test: Dor v. Garland

Dor v. Garland "Petitioner, Jonalson Dor ("Dor"), seeks judicial review of a Board of Immigration Appeals ("BIA") decision affirming an immigration judge's ("IJ") decision to deny Dor's applications for relief from removal based on two marijuana offenses that the IJ and BIA found, for different reasons, to be "particularly serious" pursuant to 8 U.S.C. §§ 1158(b)...

August 18, 2022

Unpub. BIA "Realistic Probability" Victory (Aug. 1, 2022)

Matter of X-, Aug. 1, 2022 (unpub.) "The respondent, a native and citizen of China, entered the United States in 2003, was granted asylum in 2005, and adjusted his status to that of a lawful permanent resident in 2006. In 2012, he was convicted under section 18.2-94 of the Annotated Code of Virginia, for possession of burglarious tools (See lJ at 2). In 2013 he was placed in removal proceedings and charged as removable...

August 17, 2022

CA10 Stop-Time Victory: Estrada-Cardona v. Garland

Estrada-Cardona v. Garland "The Attorney General may allow otherwise-removable aliens to remain in the country if, among other things, they have accrued 10 years of continuous physical presence in the United States. We call this form of discretionary relief “cancellation of removal.” Under the statutory “stop-time rule,” the period of continuous physical presence ends (A) when the alien is served with a notice...

August 17, 2022

BIA on Burglary: Matter of V-A-K-

Matter of V-A-K-, 28 I&N Dec. 630 (BIA 2022) - A conviction for second degree burglary of a dwelling under section 140.25(2) of the New York Penal Law is categorically a conviction for generic burglary under section 101(a)(43)(G) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(43)(G) (2018), because the statute requires burglary of a structure or vehicle that has been adapted or is customarily used...

August 17, 2022

DHS Proposes Alternative Form I-9 Procedures

This document is scheduled to be published in the Federal Register on 08/18/2022 Optional Alternatives to the Physical Document Examination Associated with Employment Eligibility Verification (Form I-9) "DHS is proposing to allow for alternative procedures for documents required by the Form I-9, Employment Eligibility Verification. This proposed rule would create a framework under which the Secretary of Homeland...

August 16, 2022

DOS on Pardons From Connecticut State Board of Pardons and Paroles

State Department, Aug. 12, 2022 Treatment of Full and Unconditional Pardons From the Connecticut State Board of Pardons and Paroles under 22 C.F.R. § 40.21(a)(5) and 22 C.F.R. § 40.22(c) Last Updated: August 12, 2022 "The U. S. Department of State has updated its policy concerning the treatment of pardons issued by the Connecticut State Board of Pardons and Paroles. A noncitizen applying for a visa...

August 16, 2022

Hon. Jeffrey S. Chase: The Fourth Circuit on Jurisdiction

Hon. Jeffrey S. Chase, Aug. 16, 2022 "On June 30, the U.S. Court of Appeals for the Fourth Circuit issued a decision that might not have received the attention it deserved.  The end result of the court’s published decision in Herrera-Alcala v. Garland was to affirm an Immigration Judge’s denial of asylum based on a lack of credibility.1 But before reaching the merits, the court addressed a jurisdictional issue...

August 16, 2022

Hon. Jeffrey S. Chase: Can Keathley Be Applied More Broadly?

Hon. Jeffrey S. Chase, Aug. 16, 2022 "The Off-Broadway play The Courtroom is now a film; it recently screened as part of the Tribeca Film Festival .  I think it is excellent, and would highly recommend that all those interested in immigration law see it.  As you might know, the film depicts the actual immigration court case that culminated on appeal in the Seventh Circuit’s 2012 precedent decision in Keathley v...

August 16, 2022

Memo: EOIR Director David Neal on Internet-Based Hearings (Aug. 11, 2022)

EOIR, Aug. 11, 2022 "... This memorandum discusses internet-based hearings and sets out guidelines to apply to such hearings across the immigration courts going forward. ..."