August 08, 2024

“Particularly Serious Crime” Bars Resource

IDP, HIRCP, Aug. 2024 Particularly Serious Crime” Bars on Asylum and Withholding of Removal: Legal Standards and Sample Case Law Determinations "This resource is meant to assist in the legal representation of (1) noncitizens in criminal proceedings facing a criminal charge that, upon conviction, could bar asylum or withholding of removal and (2) non-citizens with a past criminal conviction seeking such...

August 08, 2024

Passport Restriction Extension

Federal Register / Vol. 89, No. 153 / Thursday, August 8, 2024 "On September 1, 2017, all U.S. passports were declared invalid for travel to, in, or through the Democratic People’s Republic of Korea (DPRK), unless specially validated for such travel. The restriction was extended for one year in 2018, 2019, 2020, 2021, 2022, and 2023 and, if not renewed, the restriction is set to expire on August 31, 2024...

August 07, 2024

OFLC Announces Final Decommission of the Permanent Online System

OFLC, Aug. 7, 2024 "The Office of Foreign Labor Certification (OFLC) is making this public service announcement to alert employers and other interested stakeholders the legacy Permanent Online System, which provides public access to permanent labor certification applications and final determinations, will be fully decommissioned on December 1, 2024. As part of the Department's technology modernization initiative...

August 06, 2024

CA9 on Jurisdiction: Nakka v. USCIS

Nakka v. USCIS Plaintiffs' counsel Brent Renison reports: "The Ninth Circuit has extended the Supreme Court’s interpretation of § 1252(a)(2)(B) in Patel v. Garland , 596 U.S. 328 (2022) to constitutional and collateral APA claims to rule that purely legal challenges to adjustment of status practices and procedures require the plaintiff to apply for adjustment of status, be denied, be placed in removal...

August 06, 2024

Emami Litigation - Notice to Class Members

State Department, Aug. 2, 2024 "The U.S. District Court for the Northern District of California has certified a class in the consolidated cases Farangis Emami, et al. v. Alejandro Mayorkas, et al. , No. 18-cv-01587-JD, and Pars Equality Center, et al. v. Antony Blinken, et al. , No. 18-cv-07818-JD, to allow certain visa applicants who were refused visas under Presidential Proclamation 9645 (“P.P. 9645”...

August 02, 2024

CA5 Amicus Brief: Texas v. DHS

BRIEF OF FORMER EXECUTIVE BRANCH OFFICIALS AS AMICI CURIAE IN SUPPORT OF DEFENDANTS-APPELLEES AND AFFIRMANCE "Amici are former officials of the Department of State, Department of Homeland Security, Immigration and Naturalization Service, and other federal departments and agencies who served in both Republican and Democratic administrations. Amici may differ in their views of the parole processes for nationals of...

August 02, 2024

CA9 on Persecution: Kumar v. Garland

Kumar v. Garland "Sandeep Kumar, a native and citizen of India, petitions for review of the final order of the Board of Immigration Appeals (BIA), which dismissed his appeal of the decision by the Immigration Judge (IJ) to deny his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Among other things, the BIA agreed with the IJ’s conclusion that Kumar...

August 02, 2024

CADC on H-4 EADs: Save Jobs USA v. DHS

Save Jobs USA v. DHS "The Department of Homeland Security issued a rule that allows certain visa holders to work in the United States. Save Jobs USA challenged the rule, arguing that DHS exceeded its authority under the Immigration and Nationality Act. See 8 U.S.C. § 1101 et seq., see also 8 U.S.C. §§ 1103(a)(3), 1184(a)(1). But this court has already interpreted the relevant provisions of the INA...

August 01, 2024

BIB Daily PERM Practice Tip: August 1, 2024

BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. Copyright 2024 Ron Wada, All Rights Reserved. How to describe travel requirements for roving employees on the DOL Form...

July 31, 2024

Deeply Divided En Banc CA5 on the Navigability of the Rio Grande: USA v. Abbott

USA v. Abbott Majority: "[W]e hold that the district court clearly erred in finding that the United States will likely prove that the barrier is in a navigable stretch of the Rio Grande." Dissents: "The majority’s novel test not only departs from precedent, but also creates a definition of navigability specific to rivers that inexplicably excludes trade and travel between states or foreign countries...

July 29, 2024

Obtaining Advance Parole on a Pending Adjustment of Status Application

Cyrus Mehta, July 28, 2024 "Those who have filed an I-485 application adjustment of status must obtain advance parole before they travel outside the US while their I-485 application. Section 212(d)(5)(A) of the Immigration and Nationality Act (INA) authorizes the Secretary of Homeland Security, at his or her discretion, to “parole into the United States temporarily under such conditions as he [or she] may...

July 28, 2024

White House Memorandum on the Deferred Enforced Departure for Certain Lebanese Nationals

White House, July 26, 2024 "MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF HOMELAND SECURITY SUBJECT: Deferred Enforced Departure for Certain Lebanese Nationals Humanitarian conditions in southern Lebanon have significantly deteriorated due to tensions between Hezbollah and Israel. While I remain focused on de-escalating the situation and improving humanitarian conditions, many civilians remain in danger;...

July 27, 2024

Round Table Files BIA Amicus Brief: Pro Se Respondent

On June 28, 2024 the BIA invited amici to brief the following question : "What is the scope of the Immigration Judge’s duty to develop the record for a pro se respondent? See, e.g., Arteaga-Ramirez v. Barr, 954 F.3d 812 (5th Cir. 2020); Matter of J-F-F-, 23 I&N Dec. 912, 922 (A.G. 2006); Matter of S-M-J-, 21 I&N Dec. 722, 723-24, 28-29 (BIA 1997); see also Quintero v. Garland, 998 F.3d 612, 623-26 ...

July 27, 2024

Passport Final Rule - DS–3053 Statement of Consent

Federal Register / Vol. 89, No. 144 / Friday, July 26, 2024 "Pursuant to Department of State regulations, all parents or legal guardians of a U.S. passport applicant under 16 years old must appear in person to execute the minor’s passport application unless the applying parent can demonstrate sole authority to obtain the passport. If one parent or legal guardian is unable to appear in person to execute the...

July 25, 2024

DOL: Filing Tips and Recommendations Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 7, 2024

DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule...

July 24, 2024

CA10 on Ineffective Assistance of Counsel: Atud v. Garland

Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective assistance of counsel. We conclude the BIA did not adequately explain its denial of that motion. We therefore grant the petition, vacate the BIA’s denial, and remand for further proceedings." [Hats off to...

July 24, 2024

CA9 on Credibility: Shen v. Garland

Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge (“IJ”) rejected her application in an order that found her not to be a credible witness, based on her demeanor and inconsistencies in her testimony. On appeal, the Board of Immigration Appeals (“BIA”...

July 24, 2024

International Entrepreneur Program; Final Rule; Technical Amendment

This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with respect to certain entrepreneurs of start-up entities. The 2017 regulation provided that the investment and revenue amount requirements would automatically adjust every three years. DHS is issuing this...

July 23, 2024

Good CA5 News: Membreno-Rodriguez Vacated

Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to the attorney who handled the PFR. They filed a motion for rehearing, which resulted in the Court ordering OIL to respond. OIL responded by agreeing to vacate the Court’s prior published decision. My understanding...

July 22, 2024

STEM News

Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 - "This notice announces that the Secretary of Homeland Security (Secretary) is amending the DHS STEM Designated Degree Program List by adding eight qualifying fields of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for each. No CIP codes from the existing list are being removed. The list is used...

July 20, 2024

IN MEMORIAM: PROFESSOR VANESSA H. MERTON, 1949–2024

Pace University, July 19, 2024 "Professor Merton began her legal education career at New York University School of Law, and was a founding faculty member of CUNY Law School, and a Mellon and National Endowment for the Humanities Fellow. She joined Haub Law’s faculty in 1989 and served as Associate Dean for Clinical Education and Executive Director of John Jay Legal Services, while creating and teaching...

July 19, 2024

TPS for Somalia Extended, Redesignated

DHS, July 19, 2024 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Somalia for Temporary Protected Status for 18 months, from September 18, 2024, to March 17, 2026, due to conditions in Somalia that prevent individuals from safely returning. After consulting interagency partners, Secretary Mayorkas determined that an 18-month extension and redesignation of...

July 18, 2024

USCIS Policy Alert, July 18, 2024 - Children’s Acquisition of Citizenship Provisions

USCIS, July 18, 2024 "The Immigration and Nationality Act (INA) provides that U.S. citizens may transmit citizenship to their children born outside of the United States in certain circumstances. Children who were born outside of the United States to a U.S. citizen parent or parents may obtain U.S. citizenship at birth. Children may also obtain citizenship after birth, but before the age of 18, through their U.S...

July 18, 2024

CA1 on Past Persecution: Paye v. Garland

Paye v. Garland "The BIA and IJ (collectively, "the agency") did not address whether Paye's escape from Liberia because of systematic ethnic cleansing and genocide of the Krahn people during the Liberian civil war constituted past persecution. This hindered our ability to meaningfully review the agency's denial of withholding of removal. Accordingly, we vacate and remand." NOTE: ICE, in...

July 18, 2024

PIP for Mixed-Status Families to Open Aug. 19, 2024

We are still waiting for the official Federal Register notice, but on July 17, 2024 the White House issued a Fact Sheet including this statement: "On June 18th, the President announced a new process to help U.S. citizens with noncitizen spouses and children who have been here for 10 years or more keep their families together. This new action - which will help certain noncitizen spouses and children apply for lawful...