April 12, 2022

USCIS Announces Online Filing for DACA Renewal Forms

USCIS, Apr. 12, 2022 "U.S. Citizenship and Immigration Services announced today that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file  Form I-821D, Consideration of Deferred Action for Childhood Arrivals , online. “The expansion of online filing is a priority for USCIS as we make our operations more efficient and effective for the agency and...

April 12, 2022

UPDATED: CA6 Stays Lower Court's Injunction Against Enforcement Memo (Ariz. v. Biden)

Arizona v. Biden (Apr. 12, 2022) "Last fall, the Secretary of Homeland Security issued a memorandum to his deputies outlining the Department’s immigration enforcement priorities and policies. Arizona, Montana, and Ohio filed this lawsuit in the Southern District of Ohio to enjoin its implementation. The district court issued a “nationwide preliminary injunction,” applicable to all 50 States, blocking the Department...

April 12, 2022

DOS: Limited Resumption of Immigrant Visa Processing in Havana

State Department, Apr. 6, 2022 "Beginning in May 2022, U.S. Embassy Havana will resume immigrant visa services on a limited basis for applicants in the IR-5 category (Parent of a U.S. Citizen). This change is part of the broader expansion of the Embassy’s functions to facilitate diplomatic and civil society engagement and to provide consular services. As we work to expand services, U.S. Embassy Georgetown...

April 11, 2022

EAD Rules Fully Vacated - No Appeal in AsylumWorks v. Mayorkas

Keren Zwick, Director of Litigation at the National Immigrant Justice Center, reports: "I wanted to let folks know that on Friday (4/8) we learned from the government that it would not file an appeal in AsylumWorks v. Mayorkas . This means, happily, that the EAD Rules that delayed and in some cases denied access to EADs for asylum seekers are fully vacated. The vacatur applies to both the 30-day adjudication rule...

April 09, 2022

CA5 Equitable Tolling Remand: Boch-Saban v. Garland

Boch-Saban v. Garland "Petitioner Jose Santos Boch-Saban, a citizen of Guatemala, seeks review of a Board of Immigration Appeals decision dismissing, as untimely, his appeal of an immigration judge’s order denying, as time and number barred, his motion to reopen and dismiss. We VACATE the Board’s decision and REMAND the case for consideration in the first instance of the issue of equitable tolling." [Hats...

April 08, 2022

OFLC Announces Webinar on April 19, 2022, to Provide Technical Assistance to Stakeholders on the Process for Filing the Form ETA-9141

OFLC, Apr. 8, 2022 "The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing Application for Prevailing Wage Determination (Form ETA-9141) for the permanent and labor condition application programs, for both Occupational Employment and Wage Statistics (OEWS) and Non-OEWS (e.g., survey) prevailing wage...

April 08, 2022

OFLC Announces Webinar on April 19, 2022, to Provide Technical Assistance to Stakeholders on the Process for Filing the Form ETA-9141

OFLC, Apr. 8, 2022 "The Office of Foreign Labor Certification invites interested stakeholders to participate in a webinar that provides technical assistance and helpful tips for preparing Application for Prevailing Wage Determination (Form ETA-9141) for the permanent and labor condition application programs, for both Occupational Employment and Wage Statistics (OEWS) and Non-OEWS (e.g., survey) prevailing wage...

April 07, 2022

Amended Order Implementing Presidential Proclamation on Advancing the Safe Resumption of Global Travel During the COVID–19 Pandemic

Federal Register / Vol. 87, No. 67 / Thursday, April 7, 2022 "The Centers for Disease Control and Prevention (CDC), located within the Department of Health and Human Services (HHS), has amended its Order issued October 20, 2021, to align with revised CDC guidance published on January 4, 2022, related to isolation and quarantine after travel. DATES: This Amended Order will be implemented at 12:01 a.m. EDT on April...

April 07, 2022

USCIS Implements Risk-Based Approach for Conditional Permanent Resident Interviews

USCIS, Apr. 7, 2022 - Interview Waiver Criteria for Family-Based Conditional Permanent Residents "Policy Highlights • Updates interview waiver criteria by providing that USCIS officers may consider waiving an interview if, generally, the applicant meets the eligibility requirements, the record contains sufficient evidence, and there is no indication of fraud, misrepresentation, criminal bars, or other factors that...

April 05, 2022

Court Axes 2020 H-2A Wage Rule: United Farm Workers v. DOL

United Farm Workers v. DOL "On November 5, 2020, the Department of Labor (“DOL”) promulgated a Final Rule that amended the regulations governing the Adverse Effect Wage Rate (“AEWR”) calculation methodology. Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 Fed. Reg. 70,445 (Nov. 5, 2020) (“the Final Rule” or “the 2020 Rule...

April 05, 2022

ICE Issues New Prosecutorial Discretion Memo (Apr. 3, 2022)

Kerry E. Doyle, ICE Principal Legal Advisor, Apr. 3, 2022 "... I am providing this guidance to the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) attorneys assigned to handle proceedings before the Executive Office for Immigration Review (EOIR), to guide them in appropriately executing DHS’s enforcement priorities and exercising prosecutorial discretion. ..."

April 04, 2022

States Bring APA Challenge to Title 42 Ending

Here is a link to the lawsuit filed by Arizona, Louisiana and Missouri in the federal District Court for the Western District of Louisiana.

April 01, 2022

Feds to End Trump/Miller Title 42 Border Blockade on May 23, 2022

CDC, Apr. 1, 2022 " Public Health Determination and Order Regarding the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists  pdf icon [534 KB, 30 pages] Following a public health determination, the CDC Director is terminating the Order under 42 U.S.C. §§ 265, 268 and 42 C.F.R. § 71.40 suspending the right to introduce certain persons into the United States. The...

March 31, 2022

"Round Table" Files Amicus Brief in Chavez-Chilel

Amicus brief filed Mar. 25, 2022 " Amici are greatly concerned with the impact that the panel decision [20 F.4th 128] in the instant case will have on the development of asylum law relating to particular social groups. In  S.E.R.L. v. Att’y Gen. of U.S. , 894 F.3d 535, 550 (3d Cir. 2019), this court recognized concerns raised that under the canon of ejusdem generis , surrounding terms in the statute, including...

March 31, 2022

Unpub. CA3 Remand: Cruz-Garcia v. Garland

Cruz-Garcia v. Garland "Jose Manuel Cruz-Garcia petitions for review of a decision of the Board of Immigration Appeals ("BIA") dismissing his appeal from an Immigration Judge's ("IJ") order denying cancellation of removal. Because the BIA failed to address arguments Cruz-Garcia raised in his appeal, we will grant the petition and remand." [Hats off to Steven Lyons!]

March 31, 2022

Advance Copy of ESTA IFR

This document is scheduled to be published in the Federal Register on 04/01/2022 Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders "This rule amends Department of Homeland Security (DHS) regulations to implement the Electronic System for Travel Authorization (ESTA) requirements under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007,...

March 31, 2022

Feds to Add 35K Additional H-2B Visas

DHS, Mar. 31, 2022 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) today announced the forthcoming publication of a joint temporary final rule to make available an additional 35,000 H-2B temporary nonagricultural worker visas for the second half of fiscal year (FY) 2022. These visas will be set aside for U.S. employers seeking to employ additional workers on or after April 1, 2022,...

March 30, 2022

Immigrant Visa Medical News: Alcohol Abuse Update

Colorado attorney David N. Simmons reports: "The CDC has issued new guidance on alcohol abuse to panel physicians. Gone is any reference to “1 DUI in the past five years or 2 DUIs in the past 10 years.” Instead, the CDC guidance now refers physicians to the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, 5 th Edition). The CDC guidelines are here: https://www.cdc.gov/immigrantrefugeehealth...

March 30, 2022

Matter of Wong, 28 I&N Dec. 518 (BIA 2022)(NJ disorderly conduct offense a "conviction")

Matter of Wong, 28 I&N Dec. 518 (BIA 2022) - A finding of guilt in a proceeding that affords defendants all of the constitutional rights of criminal procedure that are applicable without limitation and that are incorporated against the States under the Fourteenth Amendment is a “conviction” for immigration purposes under section 101(a)(48)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(48)(A) (2018...

March 30, 2022

ICE Settles SoCal Bond Litigation: Hernandez v. Garland

ACLU SoCal, Mar. 30, 2022 "In a major legal victory for immigrants' rights, a federal court has approved a settlement that prohibits U.S. Immigration and Customs Enforcement (ICE) and immigration judges from setting unreasonable bonds for detained immigrants by failing to consider their financial resources. Previous to this case, the government was not required to consider ability to pay when setting bond...

March 29, 2022

CA10 (2-1) on Honduras, Transgender Women: Gonzalez Aguilar v. Garland

Gonzalez Aguilar v. Garland "Kelly Gonzalez Aguilar is a transgender woman from Honduras. She came to the United States and applied for asylum, withholding of removal, and deferral of removal. In support, Kelly claimed • past persecution in Honduras from her uncle’s abuse, • fear of future persecution from pervasive discrimination and violence against transgender women in Honduras, and • likely torture upon return...

March 29, 2022

Prosecutorial Discretion Webinar, Apr. 8, 2022

University of Houston Law Center - Prosecutorial Discretion (PD) in the Immigration Context: Advantages, Tactics, and Logistics "Policy changes brought by the Biden Administration reintroduced Prosecutorial Discretion (PD) as an option for immigrant advocates. The University of Houston Law Center’s Immigration Clinic will introduce and explain how to effectively use PD in the immigration context—which can be an...

March 29, 2022

Advance Copy of Premium Processing Final Rule

This document is scheduled to be published in the Federal Register on 03/30/2022 "The Department of Homeland Security (DHS) is amending DHS premium processing regulations to codify statutory changes made by the Continuing Appropriations Act, 2021 and Other Extensions Act (Continuing Appropriations Act). The Continuing Appropriations Act included the Emergency Stopgap USCIS Stabilization Act (USCIS Stabilization...

March 29, 2022

Only 149 Pages Long...

The official FR version of the asylum IFR, published Mar. 29, 2022, eff. May 31, 2022.

March 29, 2022

USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

USCIS, Mar. 29, 2022 "U.S. Citizenship and Immigration Services is announcing a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Due to the COVID-19 pandemic and resource constraints...