May 11, 2022

CBP on Marijuana

Sarah Jarvis, Law360, May 10, 2022 "A 2018 U.S. Customs and Border Protection document recently disclosed amid a lawsuit filed by Davis Wright Tremaine LLP [Davis Wright Tremaine LLP v. U.S. Customs and Border Protection, case number 2:19-cv-00334, in the U.S. District Court for the Western District of Washington] indicates that foreign nationals working in legal cannabis industries aren't inadmissible to the...

May 11, 2022

ETA-9141 Webinar Online

OFLC, May, 11, 2022 "On April 19, the OFLC hosted a webinar providing tips and assistance for stakeholders on the Process of Filing Form ETA-9141, Application for Prevailing Wage Determination, for the Permanent and Labor Condition Programs.  Webinar recordings and presentation materials are available on the program page indicated below. •    Recording and Presentation are located under the “Webinars” tab on...

May 10, 2022

Got Plasma? (CADC on B-1, APA, Zone of Interests)

CSL Plasma v. CBP "In June 2021, U.S. Customs and Border Protection (“CBP”) announced that aliens seeking to sell blood plasma could no longer enter the United States using “B‑1” business visitor visas. Before this policy went into effect, a significant amount of the plasma used for medical treatments and research in this country came from Mexican nationals selling their plasma on the U.S. side of the southern...

May 10, 2022

CBP Moves "Critical Incident" Response Function to OPR

CBP, May 3, 2022 "... Effective October 1,2022,OPR will assume full responsibility for the critical incident response function utilizing its own assigned personnel. ..."

May 10, 2022

Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022)(Garland Overrules G-G-S-)

Matter of B-Z-R-, 28 I&N Dec. 563 (A.G. 2022) (1) Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014) , is overruled. (2) Immigration adjudicators may consider a respondent’s mental health in determining whether an individual, “having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States.” 8 U.S.C. § 1158(b)(2)(A)(ii); see id § 1231(b)(3)(B...

May 09, 2022

BIA Remand Relating to Matter of A-B-

Prof. Geoffrey Hoffman writes: "[Here is a] redacted decision w/ permission from counsel from the Board granting a remand in a Matter of A-B- case . Hats off to my colleague at the UHLC immigration clinic Parker Sheffy , who handled the case at the BIA when he was at UH and then when he was briefly at Cardozo. Now he is back at UH and will continue on the case w/ Cardozo's Elizabeth Wu. This is a great decision...

May 09, 2022

CA2 on CIMT: Jang v. Garland

Jang v. Garland "Petitioner Jung Hee Jang, a native and citizen of South Korea, seeks review of a Board of Immigration Appeals decision affirming an Immigration Judge’s denial of Jang’s application for cancellation of removal. In re Jung Hee Jang, No. A206-223-573 (B.I.A. Nov. 20, 2019), aff’g No. A206-223-573 (Immig. Ct. N.Y.C. Apr. 19, 2018). The agency found Jang ineligible for cancellation because of her state...

May 09, 2022

IRCA Penalties Increase

See pp. 5-6 of today's DOJ Final Rule : " The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after May 9, 2022 with respect to violations occurring after November 2, 2015. DATES: This rule is effective May 9, 2022."

May 06, 2022

Updated ICE/OPLA PD Web Page (Apr. 27, 2022)

ICE/OPLA, Apr. 27, 2022

May 06, 2022

CA1 on Somalia, CAT: Ali v. Garland

Ali v. Garland "[W]e deny Ali's petition for review of the BIA's ruling insofar as the petition challenges the BIA's affirmance of the IJ's denial of Ali's al-Shabaab-related ground for obtaining CAT-based deferral of removal. However, we grant Ali's petition for review with respect to his challenges to the BIA's affirmance of the IJ's ruling denying him CAT-based deferral of removal...

May 06, 2022

EOIR "Friend of the Court" Policy Memo (May 5, 2022)

EOIR, May 5, 2022 "Provide updated guidance on utilizing the Friend of the Court model in removal proceedings before the immigration courts; rescind and cancel Policy Memorandum 20-05."

May 06, 2022

ORR Expands Comment Period: Release of Unaccompanied Children From ORR Custody

Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 "The Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), recently requested public comment on proposed revisions to forms that allow the Unaccompanied Children (UC) Program to process release of UC from ORR custody and provide services after release. In response to comments...

May 05, 2022

BIA on Elements, Categorical Approach: Matter of German Santos

Matter of German Santos, 28 I&N Dec. 552 (BIA 2022) (1) Any fact that establishes or increases the permissible range of punishment for a criminal offense is an “element” for purposes of the categorical approach, even if the term “element” is defined differently under State law. Matter of Laguerre, 28 I&N Dec. 437 (BIA 2022), followed. (2) Title 35, section 780-113(a)(30) of the Pennsylvania Consolidated Statutes...

May 05, 2022

CA9 on Credibility, Frivolousness: Udo v. Garland

Udo v. Garland "Peter Donatus Udo is a citizen of Nigeria who applied for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”) in the United States on the grounds that he feared violence in Nigeria as a gay man. Specifically, the Council of Traditional Rulers of Udo’s community in Nigeria decreed that he was subject to “public execution” because he was found “practicing homosexuality...

May 05, 2022

USCIS Changes Processing Times Website

USCIS, May 5, 2022 "U.S. Citizenship and Immigration Services (USCIS) announced changes to simplify and improve how the agency communicates case processing time data to the public. As part of an agency-wide commitment to improve transparency, efficiency, and customer service, the changes also make it easier for individuals to get an immediate answer on when they can make an inquiry into their case. “USCIS is...

May 04, 2022

Defective NTA Remand at CA5: Urbina-Urbina v. Garland

Urbina-Urbina v. Garland (unpub.) "This is a consolidated petition seeking review of three orders from the Board of Immigration Appeals (“BIA”), affirming decisions from an immigration judge (“IJ”) denying Petitioners’ motions to reopen. For the reasons set forth below, we VACATE the BIA decision and REMAND for reconsideration. ... Statutory notice is the central issue in this case. All three family members argued...

May 03, 2022

Supremes Order More Briefing in Biden v. Texas (MPP)

Amy L. Howe, May 3, 2022 "Six days after  hearing oral argument  in the challenge to the Biden administration’s effort to unwind the “remain in Mexico” immigration policy, the Supreme Court on Monday called for more briefing.  In a short order , the justices asked both sides in the dispute to weigh in on technical – but potentially dispositive – issues relating to the court’s power to hear the case. At last week...

May 03, 2022

CA4 on In Absentia Order: Tardy Does Not Mean Absent - Salomao v. Garland

Salomao v. Garland (unpub.) "This case arises out of an in absentia order against two Petitioners who allege to have arrived one hour and five minutes late to their individual hearing scheduled for several hours. Neither the immigration judge (“IJ”) nor the Board of Immigration Appeals (“BIA”) addressed this argument. For the reasons that follow, we find that the BIA abused its discretion when it made no mention...

May 03, 2022

USCIS Increases Automatic Extension Period of Work Permits for Certain Applicants

USCIS, May 3, 2022 "U.S. Citizenship and Immigration Services (USCIS) announced a  Temporary Final Rule  (TFR) that increases the automatic extension period for employment authorization and Employment Authorization Documents (EADs), available to  certain EAD renewal applicants , to up to 540 days. The increase, which will be effective immediately on May 4, 2022, will help avoid gaps in employment for noncitizens...

May 02, 2022

Bhaktibhai-Patel Practice Alert: NILA (May 2, 2022)

NILA, May 2, 2022 "On April 27, 2022, a panel of the Second Circuit issued a decision that, if permitted to stand, cuts off judicial review for individuals with fear-based claims who are subject to final removal orders under the reinstatement statute, 8 U.S.C. § 1231(a)(5). In Bhaktibhai-Patel v. Garland , No. 19- 2565, _ F.4th _, 2022 U.S. App. LEXIS 11370, 2022 WL 1230819 (2d Cir. 2022), the court dismissed a...

May 02, 2022

Rare Coram Vobis Victory in Virginia

Pro bono attorneys from Baker Botts ... along with Whitney O’Byrne from Durie Tangri and immigration law superstar Jay Stansell ... saved Lundy Khoy from deportation.  Read about her amazing story here and here .

May 02, 2022

USCIS Claims EB-5 Regional Centers Must Reapply

USCIS, Apr. 29, 2022, Q&A " Are previously designated regional centers able to maintain their designation without filing a Form I-956, Application for Regional Center Designation? No.  The  EB-5 Reform and Integrity Act of 2022  repealed the legacy Regional Center Program. As a result, previously designated regional centers must reapply by filing the new Form I-956, Application for Regional Center Designation...

April 30, 2022

USCIS Stops Applying Certain EAD Provisions for Asylum Applicants

USCIS, Apr. 28, 2022 "Effective Feb. 8, 2022, USCIS has stopped applying 2 rules: The Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule (also known as the Timeline Repeal Rule); and The Asylum Application, Interview, and Employment Authorization for Applicants Rule (also known as the Asylum EAD Rule). We are applying the provisions...

April 30, 2022

Orantes Lives!

NILC, Apr. 28, 2022 -  Federal Court Rules that Government Actions Under Remain in Mexico are Subject to Orantes Injunction "A federal district court on Wednesday ordered the U.S. government to turn over information sought by advocates on whether the Trump-era Remain in Mexico policy’s application violated longstanding court-ordered protections for certain migrants. “This court victory will help shed light on...

April 28, 2022

BIA on Physical Force: Matter of DANG, 28 I&N Dec. 541 (BIA 2022)

Matter of DANG, 28 I&N Dec. 541 (BIA 2022) (1) The Supreme Court’s construction of “physical force” in Johnson v. United States, 559 U.S. 133 (2010), and Stokeling v. United States, 139 S. Ct. 544 (2019), controls our interpretation of 18 U.S.C. § 16(a) (2018), which is incorporated by reference into section 237(a)(2)(E)(i) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1227(a)(2)(E)(i) (2018); the Court...