July 28, 2022

BIA on Firearms, Categorical Approach: Matter of Ortega-Quezada

Matter of Ortega-Quezada, 28 I&N Dec. 598 (BIA 2022) - The respondent’s conviction for unlawfully selling or otherwise disposing of a firearm or ammunition in violation of 18 U.S.C. § 922(d) (2018) does not render him removable as charged under section 237(a)(2)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(C) (2018), because § 922(d) is categorically overbroad and indivisible relative to the definition...

July 26, 2022

ICE Prosecutorial Discretion Update

ICE PLA PD web page How does the Vacatur of DHS’ Civil Immigration Enforcement Priorities Impact the U.S. Immigration and Customs Enforcement (ICE), Office of the Principal Legal Advisor’s (OPLA) Prosecutorial Discretion Determinations? OPLA attorneys are no longer applying the Mayorkas Memorandum or sections of Principal Legal Advisor Kerry E. Doyle’s memorandum,  Guidance to OPLA Attorneys Regarding the Enforcement...

July 26, 2022

CA9, En Banc: First Amendment Trumps INA Sec. 274(a)(1)(A)(vi): U.S. v. Hansen (Alien Smuggling)

U.S. v. Hansen "Judges McKeown and Gould have voted to deny Appellee’s petition for rehearing en banc. Judge Restani recommends denying the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc. An active judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of votes of the non-recused active judges in favor of en...

July 23, 2022

Ndudzi, Updated (July 22, 2022)(CA5, credibility, demeanor)

On July 22, 2022 CA5 withdrew its July 20th panel decision and replaced it with this one .  Of particular note is footnote 2, highlighting the 2022 Georgetown Immigration Law Journal article by Prof. Liz Bradley and Prof. Hillary Farber , Virtually Incredible: Rethinking Deference to Demeanor When Assessing Credibility in Asylum Cases Conducted by Video Teleconference , 36 GEO. IMMIGR. L.J. 515, 535 (2022).

July 22, 2022

Unpub. CA5 "Exceptional Circumstances" Remand: Perez-Vasquez v. Garland

Perez-Vasquez v. Garland "Perez-Vasquez is correct that the BIA erred by failing to address key evidence. See Cabrera v. Sessions, 890 F.3d 153, 162 (5th Cir. 2018). Specifically, the BIA did not consider several factors he raised in his motion to reopen as to whether exceptional circumstances prevented his appearance at his removal hearing, including evidence of: (1) Perez’s multiple attempts to contact both the...

July 22, 2022

USCIS Updates Guidance for O-1 Petitions with a Focus on STEM Fields

USCIS, July 22, 2022 "U.S. Citizenship and Immigration Services today updated its  Policy Manual  to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM) fields. USCIS clarified that being named on a competitive government grant for STEM research can be a positive factor...

July 21, 2022

USCIS Policy Alert: Legislative Changes and Transition Affecting Afghan and Iraqi Special Immigrant Visas

USCIS, July 20, 2022 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on the transition of the responsibility to adjudicate certain Afghan special immigrant visa (SIV) petitions to the U.S. Department of State (DOS) and to incorporate other changes to the Afghan and Iraqi SIV classifications resulting from the Emergency Security Supplemental Appropriations...

July 21, 2022

Rare CA5 Credibility Victory: Ndudzi v. Garland

Ndudzi v. Garland "Mariana Ndudzi, a native and citizen of Angola, petitions for review of a Board of Immigration Appeals (BIA) decision denying her appeal of an immigration judge’s (IJ) denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). She argues that the Agency erred in finding her not credible and failed to review her corroborating evidence...

July 20, 2022

Practice Alert: DOJ’s Office of Immigration Litigation Publishes Petition for Review Remand Criteria

NIPNLG, July 19, 2022 "...The newly published OIL remand guidance reinforces the important role that remand can play in achieving a desirable outcome for individuals with pending PFRs. Practitioners litigating PFRs on behalf of noncitizen clients should consider the following general tips in cases where remand is in the client’s interest and the client wishes to pursue remand. ..."

July 19, 2022

Firing Foreign Employees: Immigration Law and Ethical Considerations

Cyrus Mehta, July 18, 2022 "Terminating an employee is always a very difficult decision, and requires the employer to comply with various state and federal laws. Terminating a noncitizen employee requires additional considerations under US immigration law. The American Immigration Lawyers Association has issued a   flyer   to its members that provides a useful guide to employers. In this blog, I will reiterate...

July 18, 2022

DHS, DOS Streamline Afghan Special Immigrant Visa (SIV) Program

Stakeholder email, July 18, 2022: Statement by Secretaries Antony J. Blinken and Alejandro N. Mayorkas Ongoing Efforts to Support Afghan Special Immigrant Visa Applicants The United States continues to demonstrate its commitment to the thousands of brave Afghans who stood side-by-side with us over the course of the past two decades. We have already undertaken substantial steps to improve the Afghan...

July 18, 2022

All About Parole Practice Advisory

CLINIC, April 2022 "Parole is a vehicle through which an applicant receives permission to enter or remain in the United States without being granted formal admission. This practice advisory provides an overview of parole, including which agencies can grant it, what factors the adjudicator may consider when deciding whether to grant parole, and what benefits a parolee enjoys, including the possibility for adjustment...

July 15, 2022

OIL PFR Remand Policy

OIL, May 2022 "...Remand decisions are made on a case-by-case basis, following a review of the individual facts, circumstances, and procedural posture of a particular case.  The decision to seek an order from a court to remand a case is within the discretion of the Director of the OIL Appellate Section and will rest on one or more of the reasons set forth on the list below.  This list does not create or confer...

July 15, 2022

Apr. 7, 2022 AILA CBP Meeting Minutes

AILA - AILA CBP OFO Liaison Committee Meeting with U.S. Customs and Border Protection Office of Field Operations (OFO) Thursday, April 7, 2022

July 15, 2022

NILC: What You Need to Know About DOL's FAQ Regarding Immigration-Related Prosecutorial Discretion

NILC, July 2022 "On July 6, 2022, the U.S. Department of Labor (DOL) issued guidance in the form of a Frequently Asked Questions (FAQ) document titled “Process for Requesting Department of Labor Support for Requests to the Department of Homeland Security for Immigration-Related Prosecutorial Discretion During Labor Disputes.” The FAQ clarifies the process by which workers involved in labor disputes can request...

July 14, 2022

ICE Directive: Interests of Noncitizen Parents and Legal Guardians of Minor Children or Incapacitated Adults

ICE, July 14, 2022 "...It is the policy of ICE to ensure that the agency’s civil immigration enforcement activities do not unnecessarily disrupt or infringe upon the parental or guardianship rights of noncitizen parents or legal guardians of minor children or incapacitated adults, consistent with all legal obligations and applicable court orders. The specific individuals to whom the policies and procedures contained...

July 13, 2022

CA10 on First Amendment, INA Sec. 274: US v. Hernandez-Calvillo

US v. Hernandez-Calvillo "This appeal involves the constitutionality of a federal immigration statute that makes it a crime to encourage or induce a noncitizen to reside in the United States, knowing or recklessly disregarding that such residence violates the law. 8 U.S.C. § 1324(a)(1)(A)(iv). After a jury convicted Jose Hernandez-Calvillo and Mauro Papalotzi (collectively, Appellees) of conspiring to commit this...

July 12, 2022

2022 H-2B Visa News (July 12, 2022)

OFLC, July 12, 2022 OFLC Publishes List of Randomized H-2B Applications Submitted July 3-5, 2022, for Employers Seeking H-2B Workers Starting October 1, 2022 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 Group(s) for 1,360 H-2B applications covering 29,856 worker positions with a work start...

July 12, 2022

A Practical Guide to Spending the 3 and 10 Year Bars in the US

Cyrus D. Mehta, Kaitlyn Box, July 12, 2022 "On June 24, 2022, USCIS issued a  Policy Alert  on inadmissibility under § 212(a)(9)(B) of the Immigration and Nationality Act (INA)  This provision states that a noncitizen was unlawfully present in the United States for a period of more than 180 days but less than 1 year will be inadmissible to the United States for 3 years after departure or removal, while an individual...

July 11, 2022

CA9, En Banc: Bastide-Hernandez II (Immigration Court Subject Matter Jurisdiction)

Bastide-Hernandez II "The United States appeals from the district court’s dismissal of an indictment charging Juan Carlos Bastide-Hernandez with illegal reentry after removal, in violation of 8 U.S.C. § 1326. According to the district court, defects in the notice to appear (“NTA”)—which initiated the immigration proceedings against Bastide-Hernandez resulting in his eventual removal from the United States— deprived...

July 11, 2022

CBP Final Rule: USMCA (NAFTA)

Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 "This final rule amends the Department of Homeland Security (DHS) regulations relating to the temporary entry of Canadian and Mexican citizen business persons into the United States by replacing references to the North American Free Trade Agreement (NAFTA) with references to the Agreement Between the United States of America, the United Mexican States...

July 08, 2022

CA9 on Credibility: Barseghyan v. Garland

Barseghyan v. Garland "Hayk Barseghyan, a native and citizen of Armenia, petitions this Court for review of a decision by the Board of Immigration Appeals (“BIA”) dismissing his appeal of the Immigration Judge’s (“IJ”) denial of his application for asylum, withholding of removal, and relief from removal under the Convention Against Torture. The BIA affirmed based upon the IJ’s adverse credibility determination...

July 07, 2022

Unpub. CA2 CAT Remand (El Salvador)

Giron v. Garland "The agency did not adequately explain its denial of CAT relief. See Poradisova v. Gonzales, 420 F.3d 70, 77 (2d Cir. 2005) (“[W]e require a certain minimum level of analysis from the IJ and BIA opinions denying asylum, and indeed must require such if judicial review is to be meaningful.”). The agency expressed “considerable concern” that Giron would face harm in El Salvador...

July 07, 2022

Settlement Places Strict Limits on ICE Detention at ICA-Farmville

NIPNLG, July 6, 2022 "Today, a  settlement agreement  on claims for injunctive relief was reached in  Santos Garcia et al. v. Wolf et al. , a case filed by the National Immigration Project (NIPNLG), Legal Aid Justice Center (LAJC), and Gibson, Dunn & Crutcher LLP on behalf of fifteen immigrants detained at the ICA-Farmville Detention Center during the 2020 COVID-19 outbreak at the facility. Under the agreement...

July 07, 2022

DOL POSTS PROCESS FOR SEEKING ITS SUPPORT FOR IMMIGRATION-RELATED PROSECUTORIAL DISCRETION DURING LABOR DISPUTES

DOL, July 6, 2022 "The U.S. Department of Labor today posted a  Frequently Asked Questions  document to provide workers experiencing a worksite labor dispute with guidance on how to seek the department’s support for their requests to the Department of Homeland Security for immigration-related prosecutorial discretion.   For the Department of Labor to carry out the laws its enforces, workers must feel free to...