June 01, 2022

Ethical Dimensions of Patel v. Garland

Cyrus D. Mehta and Kaitlyn Box, May 31, 2022 "On May 16, 2022, the Supreme Court issued its decision in  Patel v. Garland , a decision that has devastating implications for the reviewability of U.S. Citizenship and Immigration Services’ (“USCIS”) actions in federal court. Federal courts, according to the Supreme Court, will no longer be able review factual errors of the USCIS that result in the denial of an application...

May 31, 2022

Unpub. CA5 Credibility Remand: Yahm v. Garland

Yahm v. Garland "Elvis Njenula Yahm, a citizen of Cameroon facing removal, sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT) based on his pro-Anglophone political opinion. An immigration judge denied all three avenues for relief, and the Board of Immigration Appeals (BIA) dismissed Yahm’s appeal. ... A recent decision supports Yahm’s view that an adverse credibility finding...

May 31, 2022

Cap Reached for Additional Returning Worker H-2B Visas for Second Half of FY 2022

USCIS, May 31, 2022 "Under the  recently announced  H-2B supplemental cap temporary final rule increasing the cap by up to 35,000 additional H-2B nonimmigrant visas through the end of fiscal year (FY) 2022, USCIS has received enough petitions to reach the cap for the additional 23,500 visas made available for returning workers only. We continue to accept petitions for H-2B nonimmigrant workers for the additional...

May 28, 2022

Afghan Parole Lawsuit Filed: Roe v. Mayorkas

ACLU Mass., May 2022 "In May 2022, the ACLU of Massachusetts, together with law firm Mintz, filed a lawsuit on behalf of Afghans facing danger at the hands of the reinstalled Taliban regime, and on behalf of New England-based loved ones attempting to bring them to safety in the United States through a process called humanitarian parole.   According to the lawsuit, the U.S. government held out the prospect...

May 28, 2022

CBP "Manifesting Fear of Expulsion Under Title 42" Documents (May 21, 2022)

Here are links to two May 21, 2022 CBP Title 42 guidance documents stemming from the Huisha Huisha v. Mayorkas  ( 27 F.4th 718 , CADC 2022) litigation.  They went into effect at 12:01 a.m. (EDT) on May 23, 2022. Office of Field Operations memo: Processing of Noncitizens Manifesting Fear of Expulsion Under Title 42 Guidance Regarding Family Units Moving Forward Under Title 42

May 27, 2022

OFLC Clarifies Method of Contacting AFL-CIO

OFLC, May 27, 2022 "The Department of Labor Clarifies Method of Contacting AFL-CIO Required Under the Rule Increasing the Number of H-2B Visas Available in the Second Half of Fiscal Year 2022 The U.S. Departments of Labor and Homeland Security published a  temporary final rule  (TFR) increasing the numerical limitation on H-2B nonimmigrant visas for Fiscal Year (FY) 2022 positions with start dates on or after...

May 23, 2022

Flores Settlement News (May 23, 2022)

Peter Schey reports: "After two years of negotiations, we have reached a settlement with the U.S. border patrol that for the first time sets detailed standards for the safe detention of immigrant children. We were assisted by pro bono co-counsel with Orrick and the Law Foundation of Silicon Valley, and invaluable medical expertise provided by Dr. Nancy E. Wang, Associate Director Pediatric Emergency Medicine at Stanford...

May 21, 2022

Louisiana District Court Judge Grants Preliminary Injunction Blocking Wind-Down of Title 42

Justice Action Center, May 20, 2022 "Today, a judge for the Western District Court of Louisiana ruled in favor of 24 plaintiff states in  Arizona v. CDC , granting a preliminary injunction  blocking the May 23 rd  wind-down of Title 42, as ordered by the CDC. Here is a statement from Karen Tumlin , Founder and Director at Justice Action Center: “Today’s ruling in  Arizona v. CDC  is disappointing, but not surprising...

May 20, 2022

Designation of Afghanistan for Temporary Protected Status

Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Afghanistan for Temporary Protected Status (TPS) for 18 months, effective May 20, 2022, through November 20, 2023. This designation allows eligible Afghan nationals (and individuals having no nationality who last habitually...

May 20, 2022

Employment Authorization for Afghan F–1 Nonimmigrant Students Experiencing Severe Economic Hardship

Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 "This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Afghanistan, regardless of country of birth (or individuals having no nationality who last habitually resided in Afghanistan), and who are experiencing severe economic...

May 20, 2022

ESTA Fee Increase

Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 "This document amends Department of Homeland Security (DHS) regulations pertaining to the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant visitors intending to enter the United States under the Visa Waiver Program (VWP) at air or sea ports of entry must obtain an electronic travel authorization in advance...

May 19, 2022

SIJS Deferred Action Policy FAQ

NIPNLG, May 16, 2022 Frequently Asked Questions About USCIS’s SIJS Deferred Action Policy Publication of the End SIJS Backlog Coalition, https://www.sijsbacklog.com/, 2022. This FAQ is released under a Creative Commons Attribution 4.0 International License (CC BY 4.0). This FAQ was written by Rebecca Scholtz, Senior Staff Attorney, National Immigration Project of the National Lawyers Guild, with contributions...

May 19, 2022

Experts Dissect Patel v. Garland

Two noted immigration law scholars have this to say about Patel v. Garland : ARGUMENT ANALYSIS: Justices grapple with question of federal court review in immigration cases Prof. Shoba Sivaprasad Wadhia OPINION ANALYSIS: Justices split over question of federal court review in immigration cases Prof. Shoba Sivaprasad Wadhia Patel v. Garland Missed the Real Issue Prof. Geoffrey Hoffman

May 19, 2022

DHS Announces Registration Process for TPS for Afghanistan

USCIS, May 19, 2022 "The Department of Homeland Security (DHS) posted for public inspection a Federal Register notice on Temporary Protected Status (TPS) for Afghanistan. This notice provides information about how to register for TPS under Afghanistan’s designation. Secretary of Homeland Security Alejandro N. Mayorkas previously announced the 18-month designation of Afghanistan for TPS. The registration...

May 18, 2022

CA5 on Due Process, Credibility: Nkenglefac v. Garland

Nkenglefac v. Garland "Petitioner Giscard Nkenglefac, a native and citizen of Cameroon, applied for admission into the United States on May 9, 2018. The immigration judge (“IJ”), Agnelis Reese, denied Nkenglefac’s application for relief from removal and ordered him removed to Cameroon after determining that Nkenglefac was not credible. The Board of Immigration Appeals (“BIA”) subsequently affirmed the IJ’s determination...

May 18, 2022

Temporary H-2B Rule (May 18, 2022)

Federal Register / Vol. 87, No. 96 / Wednesday, May 18, 2022 Exercise of Time-Limited Authority To Increase the Numerical Limitation for Second Half of FY 2022 for the H–2B Temporary Nonagricultural Worker Program and Portability Flexibility for H–2B Workers Seeking To Change Employers "The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year...

May 17, 2022

CA3 on Ineffective Assistance of Counsel: Saint Ford v. Garland

Saint Ford v. Garland "The need for effective assistance of counsel applies in immigration law just as it does in criminal law. Aliens, many of whom do not speak English and some of whom are detained before their immigration hearings, can be particularly susceptible to the consequences of ineffective lawyers. Petitioner Arckange Saint Ford paid a lawyer to represent him in removal proceedings, but Saint Ford’s...

May 17, 2022

DHS and DOL Announce Availability of Additional H-2B Visas for Second Half of Fiscal Year

USCIS, May 16, 2022 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) announced today the availability of an additional 35,000 H-2B temporary nonagricultural worker visas during the second half of fiscal year (FY) 2022. These visas are for U.S. employers seeking to employ additional workers on or after April 1, 2022, through Sept. 30, 2022. “These additional H-2B visas will help employers...

May 16, 2022

Yañez-Peña Vacated, Remanded

Yañez-Peña v. Garland (unpub.) "In 2020, we denied Petitioner Erika Yanez-Pena’s petition for review of an order of the Board of Immigration Appeals (“BIA”) denying her motion to reopen her removal proceedings. Yanez-Pena v. Barr, 952 F.3d 239, 241 (5th Cir. 2020), cert. granted, judgment vacated sub nom. Yanez-Pena v. Garland, 209 L. Ed. 2d 727 (2021). ... [W]e have concluded that Niz-Chavez’s holding applies...

May 16, 2022

Supreme Court, 5-4: Patel v. Garland

Patel v. Garland Majority : "With an exception for legal and constitutional questions, Congress has barred judicial review of the Attorney General’s decisions denying discretionary relief from removal. We must decide how far this bar extends—specifically, whether it precludes judicial review of factual findings that underlie a denial of relief. It does."  [ 971 F. 3d 1258 , affirmed.  JUSTICE BARRETT delivered...

May 13, 2022

OCAHO Levies $183.6K Penalty for I-9 SNAFU

USA v. Maverick Construction, Apr. 21, 2022 "The Court orders Respondent to pay $183,600 in penalties for failing to prepare and/or present Forms I-9 for 136 employees, in violation of Section 274A(a)(1)(B) of the Act."

May 13, 2022

USCIS Publishes Two New Forms for Regional Center Program

USCIS, May 13, 2022 - "On Friday, May 13, 2022, U.S. Citizenship and Immigration Services (USCIS) published two new forms:  Form I-956, Application for Regional Center Designation , and  I-956H, Bona Fides of Persons Involved with Regional Center Program . Effective May 14, 2022, under the EB-5 Reform and Integrity Act of 2022, all entities seeking regional center designation must submit these forms in compliance...

May 13, 2022

Visa Bulletin For June 2022

Visa Bulletin for June 2022 Notes: D.   ESTABLISHMENT OF EMPLOYMENT THIRD PREFERENCE “OTHER WORKERS” (EW) FINAL ACTION DATE High number use in the Employment Third Preference “Other Workers” (EW) category has necessitated the establishment of a worldwide final action date in June to hold number use within the maximum allowed under the FY-2022 annual limit. All countries are subject to a final action date of 08MAY19...

May 12, 2022

CA9 on FOIA: Transgender Law Center v. ICE

Transgender Law Center v. ICE "At the heart of this case is an effort by advocates to learn about the circumstances of an asylum-seeker’s tragic death in federal custody. The Freedom of Information Act exists for just such a purpose—to ensure an informed citizenry, promote official transparency, and provide a check against government impunity. Yet here the advocates’ FOIA requests met first with silence and then...

May 12, 2022

EOIR to Host Webinar Public Forum on Practice Manuals

Federal Register / Vol. 87, No. 92 / Thursday, May 12, 2022 "The Executive Office for Immigration Review (‘‘EOIR’’) invites interested parties to attend a public forum to discuss and provide feedback on EOIR’s Immigration Court Practice Manual and the Board of Immigration Appeals Practice Manual. EOIR also invites interested parties to provide written feedback from the public on the practice manuals. DATES: The...