April 28, 2022

NILA Adds New Practice Advisories

NILA, Apr. 2022 "Practice advisories address select immigration or federal court issues, but are not intended to replace independent legal advice provided by an attorney familiar with a client’s case. Template EOIR Motions to Stay Removal for Individuals Seeking to Reopen Removal Proceedings l April 2022 Template Motion to Stay Removal for Individuals With Fear-Based Claims Template Motion to Stay Removal for...

April 28, 2022

Prof. Michael A. Olivas, Q.E.P.D.

Santa Fe New Mexican, Apr. 28, 2022 "Professor Michael A. Olivas passed to be with our Lord on April 22, 2022. Michael is survived by the love of his life, Dr. Augustina Reyes, to whom he was married for 38 years. His mother Clara A. Olivas, his great aunt Rose Harris, and eight of his nine siblings survive him: Phillip Olivas, Richard Olivas and his wife Marian, Sean Olivas, Kathleen Olivas Bouloy and her husband...

April 28, 2022

TRO in Title 42 Litigation: Ariz. v. CDC

Ariz. v. CDC, Apr. 27, 2022 "... IT IS HEREBY ORDERED THAT for the next 14 days, unless this Court acts to extend or shorten that period: Defendants, including DHS and all of its subdivisions, agencies, and employees, are hereby enjoined and restrained from implementing the Termination Order, including increases (over pre-Termination Order levels) in processing of migrants from Northern Triangle countries through...

April 27, 2022

Groups File Complaint Against Houston Asylum Office

NIPNLG, SPLC et al., Apr. 27, 2022 -  Systemic Deficiencies at the Houston Asylum Office in Assessments of Credible and Reasonable Fear Cause Harm and Irreversible Damage to Asylum Seekers "We, the undersigned organizations, jointly file this complaint to request an investigation into the severe violations of due process and statutory obligations in the conduct of credible fear interviews (CFIs) and Reasonable...

April 27, 2022

DHS Plan for Southwest Border Security and Preparedness (Apr. 26, 2022)

DHS, Apr. 26, 2022

April 26, 2022

Biden v. Texas Supreme Court Oral Argument Transcript; Briefs; Preview

The transcript is here . The briefs are here . Amy Howe's preview is here .

April 26, 2022

ICE Extends I-9 Compliance Flexibility (Apr. 25, 2022)

ICE, Apr. 25, 2022 "The Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), today announced an extension of the Form I-9 flexibilities first announced in March 2020 and updated in March 2021. On February 18, 2022, President Biden issued a notice on the continuation of the state of the National Emergency concerning the COVID-19 pandemic (“COVID-19”). Due to the continued safety...

April 25, 2022

Advance Copy of Uniting for Ukraine Parole Process FR Notice

This document is scheduled to be published in the Federal Register on 04/27/2022 "This notice announces the implementation of a U.S. Department of Homeland Security (DHS) parole process called Uniting for Ukraine. Pursuant to this process, DHS will offer certain Ukrainian citizens and their immediate family members who were recently displaced by Russia’s war of aggression in Ukraine, pass biometric and biographic...

April 22, 2022

CBP Asks For Input

Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 "U.S. Customs and Border Protection (CBP) is issuing this Request for Information (RFI) to receive input from the public on specific CBP processes, programs, regulations, collections of information, and policies for the agency to consider modifying, streamlining, expanding, or repealing in light of recent executive orders. This RFI is intended to ensure...

April 22, 2022

Matter of Dingus, 28 I&N Dec. 529 (BIA 2022)

Matter of Dingus, 28 I&N Dec. 529 (BIA 2022) "In a decision dated May 21, 2020, an Immigration Judge found the respondent to be removable as charged, denied her application for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(h) (2018), and ordered her removed from the United States. On appeal, the respondent contests the Immigration Judge’s determination...

April 21, 2022

DHS Extends COVID-19 Vaccination Requirements for Non-U.S. Travelers Entering the United States via Land Ports of Entry and Ferry Terminals

DHS, Apr. 21, 2022 "Today, the Department of Homeland Security (DHS) announced [ here and here ] that it will extend temporary Title 19 requirements and continue to require non-U.S. travelers entering the United States via land ports of entry and ferry terminals at the U.S.-Mexico and U.S.-Canada borders to be fully vaccinated against COVID-19 and provide related proof of vaccination upon request. These requirements...

April 21, 2022

EOIR Rescinds Three Policy Memos (Apr. 18, 2022)

EOIR, Apr. 18, 2022 "As EOIR continues to review existing agency policies and practices, the following Policy Memoranda (PM) are rescinded: 1. PM 19-05, Guidance Regarding the Adjudication of Asylum Applications Consistent with INA § 208(d)(5)(A)(iii) 2. PM 21-06, Asylum Processing 3. PM 21-13, Continuances"

April 20, 2022

Food Fight at the Fifth: Rodriguez v. Garland (9-8)(Niz-Chavez; Pereira)

Rodriguez v. Garland "The petition for panel rehearing is DENIED. Additionally, the court having been polled at the request of one of the members of the court and a majority of the judges who are in active service not having voted in favor, rehearing en banc is DENIED. In the en banc poll, eight judges voted in favor of rehearing (Chief Judge Richman and Judges Jones, Smith, Elrod, Haynes, Ho, Oldham, and Wilson...

April 19, 2022

Official FR TPS Notices: Sudan, Ukraine

Designation of Sudan for Temporary Protected Status Employment Authorization for Sudanese F–1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Sudan Designation of Ukraine for Temporary Protected Status Employment Authorization for Ukrainian F–1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Ongoing Armed Conflict...

April 18, 2022

TPS for Ukraine: Advance Copy

This document is scheduled to be published in the Federal Register on 04/19/2022 "Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Ukraine for Temporary Protected Status (TPS) for 18 months, effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER, or later date if Secretary so determines], through October 19, 2023....

April 18, 2022

Post-Preap Habeas Victory in California: Perera v. Jennings

Judah Lakin reports: "We ( Lakin & Wille and Asian Americans Advancing Justice-Asian Law Caucus ) wanted to share some good news heading into the weekend. Judge Freeman issued a decision in our post-Preap as-applied challenge to 1226c for someone who was picked up by ICE 6 years after being released from federal criminal custody. She had issued a TRO initially (which we shared back in June of last year), granting...

April 15, 2022

Garland Appoints New BIA Member: Beth Liebmann

EOIR, Apr. 13, 2022 "Attorney General Merrick B. Garland has appointed Beth Liebmann as a Member of EOIR’s Board of Immigration Appeals (BIA). ... Judge Liebmann earned a Bachelor of Arts in 1981 from Brandeis University and a Juris Doctor in 1984 from the University of Miami School of Law. From June 2009 through the time of her appointment, she served as a Senior Legal Advisor with the Board of Immigration Appeals...

April 15, 2022

DOS Releases 2021 Country Reports

DOS, Apr. 12, 2022 "The annual Country Reports on Human Rights Practices – the Human Rights Reports – cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The U.S. Department of State submits reports on all countries receiving assistance and all United Nations member states to the U.S. Congress...

April 15, 2022

TPS for Cameroon

DHS, Apr. 15, 2022 "Today, the Department of Homeland Security (DHS) announced the designation of Cameroon for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of April 14, 2022, will be eligible for TPS. “The United States recognizes the ongoing armed conflict in Cameroon, and we will provide temporary protection to those in need,” said Secretary...

April 14, 2022

Is SEVIS Broken Too?

In this Apr. 11, 2022 Broadcast Message , ICE asks F-1 and M-1 Students Previously Engaged in OPT or Practical Training to, basically, do ICE's job for them.

April 14, 2022

Judge Slaps Down USCIS Motion to Dismiss: Zamana v. Renaud

Zamana v. Renaud "On February 23, 2021, Plaintiff brought this suit under the Administrative Procedure Act alleging that the agency’s decision to revoke Zamana’s petition was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C §§ 701-706.53. USCIS has now filed a motion to dismiss arguing that, because the Agency’s decision to revoke its approval of Zamana’s petition...

April 13, 2022

DOS on EB-5 (Apr. 12, 2022)

DOS, Apr. 12, 2022 "On March 15, 2022, President Biden signed a law that made changes to the EB-5 program, authorized a new EB-5 Immigrant Investor Regional Center Program, and directed that certain “grandfathered” immigration benefits be processed. The Department has resumed processing visas associated with the Regional Center Program based on approved USCIS Forms I-526 (Immigrant Petition by Alien Entrepreneur...

April 13, 2022

May 2022 Visa Bulletin

May 2022 Visa Bulletin

April 12, 2022

BIA Amicus Invitation: Texas Burglary; Crime of Violence; Due Date May 3, 2022

EOIR, Apr. 12, 2022 "ISSUES PRESENTED: 1. Whether, in light of U.S. v. Herrold, 941 F.3d 173 (5th Cir. 2019) (en banc), and regardless of the specific mens rea of an underlying crime, the commission or attempted commission of a felony, theft, or an assault under Texas Penal Code § 30.02(a)(3) necessarily supersedes or implicitly contains generic burglary’s intent element, which requires an “intent to commit a...

April 12, 2022

ICE Directive Regarding Incompetent Detained Individuals (Apr. 5, 2022)

ICE, Apr. 5, 2022 Identification, Communication, Recordkeeping, and Safe Release Planning for Detained Individuals with Serious Mental Disorders or Conditions and/or Who Are Determined To Be Incompetent By An Immigration Judge