March 28, 2022

AILA Spots April 2022 Visa Bulletin Errors

In a Practice Alert to AILA members dated Mar. 25, 2022, AILA stated: "AILA has raised to DOS’s attention an apparent error in the April Visa Bulletin with regard to the EB-4 Certain Religious Worker final action date and Part E, where it lists EB-4 Certain Religious Workers as “Unavailable,” referencing that the program expired on March 11, 2022. On March 15, 2022, this program was extended through Sept 30, 2022...

March 28, 2022

CA2 "Weapons Bar" Remand: Kakar v. USCIS

Kakar v. USCIS "Over twenty years ago, an Immigration Judge granted Mohamed Qaseem Kakar, an Afghan national, asylum in the United States. When Kakar later applied for lawful permanent residence, the United States Citizenship and Immigration Services (USCIS) denied his application because it found that he had engaged in terrorist activity that rendered him inadmissible. Kakar challenged USCIS’s denial as arbitrary...

March 25, 2022

Garland Appoints 25 New Immigration Judges

EOIR, Mar. 25, 2022 "Attorney General Merrick B. Garland appointed Roberto K. Amaya, Matthew S. Bohrer , Illya-Karina J. Bonet, Monique Carreras-Amadeo, Claudia R. Cubas, Kyle A. Dandelet, Ayodele A. Gansallo, Annette Gaul, Iman Ghasri, Matthew D. Gordon, Lettricea Jefferson-Webb, Michelle C. Kahan, Charlesa E. London, Bobbie C. Masters, Joyce L. Noche, Agnieszka (“Aggie”) D. Norregard, Kristie-Anne Padron, Maritza...

March 25, 2022

EOIR Public Webinar, Mar. 30, 2022

Federal Register "The Executive Office for Immigration Review (“EOIR”) invites interested parties to attend the first of a series of public forums about its Access EOIR initiative. During the session, agency senior leadership will be available to listen to comments, compliments, and concerns from stakeholders regarding two of EOIR’s web-based initiatives: EOIR Courts & Appeals System (“ECAS”), and Immigration...

March 24, 2022

CA11 on Controlled Substances: Said v. Garland

Said v. Garland "[W]e conclude that the BIA and IJ erred in finding that Said was ineligible for cancellation of removal. By the plain language of § 893.02(3), not all substances that it proscribes are federally controlled. Section 893.02(3) includes “all parts” of the marijuana plant, while federal law does not. For instance, federal law does not include the mature stalks of the marijuana plant or fiber produced...

March 24, 2022

Interim Final Rule: Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers

This document is scheduled to be published in the Federal Register on 03/29/2022 "On August 20, 2021, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively “the Departments”) published a notice of proposed rulemaking (“NPRM” or “proposed rule”) that proposed amending regulations governing the procedures for determining certain protection claims and available parole procedures...

March 23, 2022

Extraordinary Ability Policy Alert (Mar. 23, 2022)

USCIS, Mar. 23, 2022 -  Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications   "USCIS is updating its guidance about two evidentiary criteria relating to immigrants of extraordinary ability and one relating to outstanding professors and researchers to more closely align with recently issued nonimmigrant guidance...

March 23, 2022

DOS Notice: Visas for Ukrainian Children

DOS, Mar. 22, 2022 " Visas for Ukrainian Children in the Process of Intercountry Adoption and/or Who Previously Traveled for Hosting Programs in the United States The Office of Children’s Issues and many U.S. Embassies in Europe, particularly in countries near Ukraine, are receiving inquiries about how to bring Ukrainian children to the United States for their safety. For families in various stages of...

March 22, 2022

Court Blocks DHS Enforcement Memo: Arizona v. Biden

Arizona v. Biden "It is hereby ORDERED that: 1. Pursuant to Fed. R. Civ. P. 65(a), Defendants United States Department of Homeland Security, Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, all their respective officers, agents, servants, employees, attorneys, and other persons who are in active concert or participation with them are hereby ENJOINED and RESTRAINED...

March 22, 2022

Another MAVNI Victory: Miriyeva v. USCIS

Miriyeva v. USCIS "Plaintiff filed this action under 8 U.S.C. § 1421(c) seeking judicial review of USCIS’s determination that she is ineligible to naturalize based on her “uncharacterized” discharge. ... Plaintiff plausibly alleged she complied with the statutory requirements for naturalization pursuant to § 1440 and that the application of USCIS’s extra-statutory requirements deprived Plaintiff of her right to...

March 21, 2022

MAVNI Victory in Minn. - Alam v. USCIS

Alam v. USCIS "Alam enlisted in the United States Army through MAVNI — a program to provide an expedited path to citizenship for immigrant soldiers with specialized skills. The Army discharged Alam from service for medical reasons and gave him an “uncharacterized” discharge. USCIS denied Alam’s citizenship application under its policy that an “uncharacterized” discharge is not “under honorable conditions.” ......

March 21, 2022

OFLC H-2B Webinar, Mar. 23, 2022

OFLC, Mar. 18, 2022 "OFLC Announces a Webinar on March 23, 2022 to Provide H-2B Prevailing Wage Determination General Filing Tips and Survey Basics for Surveyors As part of the Office of Foreign Labor Certification's (OFLC) on-going efforts to increase public engagement, OFLC's National Prevailing Wage Center will host a two-hour webinar on Wednesday March 23rd, 2022. The first half of the presentation...

March 21, 2022

USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

USCIS, Mar. 18, 2022 "U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status. On Nov. 12, 2021, USCIS issued a policy announcement to clarify that we will consider E and L spouses to be employment authorized based on their...

March 21, 2022

BIA on Theft Offense: Matter of Morgan

Matter of Morgan, 28 I&N Dec. 508 (BIA 2022) Larceny in the third degree under section 53a-124(a) of the Connecticut General Statutes is not a theft offense aggravated felony under section 101(a)(43)(G) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(G) (2018), because it incorporates by reference a definition of “larceny” under section 53a-119 of the Connecticut General Statutes that is overbroad...

March 21, 2022

Local Filing of Form I-130 Petitions Filed by U.S. Citizens on Behalf of Afghan, Ethiopian, and Ukrainian Immediate Relatives Fleeing Conflict

State Department, Mar. 17, 2022 "If you are a U.S. citizen who is physically present overseas with your Afghan, Ethiopian, or Ukrainian immediate family members and have not yet filed an immigrant visa petition with USCIS, you may request to locally file a Form I-130 petition at the nearest U.S. embassy or consulate that processes immigrant visas.  This applies only to U.S. citizens affected by the large-scale...

March 21, 2022

Colorado Supreme Court on ICE Detainers: Cisneros v. Elder

Cisneros v. Elder "In this case, the supreme court considers whether section 24-10-106(1.S)(b), C.R.S. (2021), of the Colorado Governmental Immunity Act ("CGIA") waives sovereign immunity for intentional torts that result from the operation of a jail for claimants who are incarcerated [such as per an ICE detainer] but not convicted. The court now concludes that section 24-10-106(1.S)(b) waives immunity...

March 20, 2022

New ICE VAWA Directive (Mar. 16, 2022)

ICE, Mar. 16, 2022 -  Implementation of Section 1367 Protections for Noncitizen Victims of Crime "This Directive establishes U.S. Immigration and Customs Enforcement (ICE) policy for the identification and disclosure of information protected by 8 U.S.C. § 1367 (“Section 1367”), treatment of information received from prohibited sources, and required certifications when certain enforcement actions are taken at specified...

March 18, 2022

CBP Memo: Title 42 Exceptions for Ukrainian Nationals (Mar. 11, 2022)

CBP, Mar. 11, 2022 "... The Department of Homeland Security recognizes that the unjustified Russian war of aggression in Ukraine has created a humanitarian crisis. CBP is authorized, consistent with the Title 42 Order, on a case-by-case basis based on the totality of the circumstances, including considerations of humanitarian interests, to except Ukrainian nationals at land border ports of entry from Title 42....

March 18, 2022

Biden Rolls Back Trump Expansion of Expedited Removal

To be published and effective on Monday, Mar. 21, 2022 -  Rescission of the Notice of July 23, 2019, Designating Aliens for Expedited Removal "This Notice rescinds the July 23, 2019 Notice, Designating Aliens for Expedited Removal, which expanded to the maximum extent permitted by the Immigration and Nationality Act (INA) the application of expedited removal procedures to noncitizens not already covered by previous...

March 17, 2022

Unpub. CA5 Credibility, CAT Remand: Thraiyappah v. Garland

Thraiyappah v. Garland "Balasuntharam Thraiyappah petitions for review of the Board of Immigration Appeals’ (BIA) decision dismissing an appeal of the Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Because the BIA erred in concluding its affirmance of the IJ’s adverse credibility determination effectively disposed of...

March 17, 2022

CA11 on CIMT: Lauture v. Garland

Lauture v. Garland "The Board of Immigration Appeals, affirming the decision of an immigration judge, ruled that Emmanuel Lauture was removeable from the United States because his Florida conviction for burglary of an unoccupied dwelling, see Fla. Stat. § 810.02(3)(b), constituted a “crime involving moral turpitude” (a CIMT). Mr. Lauture now petitions for review of the BIA’s decision. Following...

March 17, 2022

Advance Copy of CBP I-94 Notice

This document is scheduled to be published in the Federal Register on 03/18/2022 "To increase efficiency, reduce operating costs, and streamline the admissions process, U.S. Customs and Border Protection (CBP) is now issuing electronic Form I-94s (Arrival/Departure Record) at land ports of entry. The Form I-94 documents nonimmigrants’ status in the United States, the approved length of stay, and departure information...

March 16, 2022

BIA Amicus Invitation: Vacatur of a Criminal Conviction (Due Date Apr. 6, 2022)

BIA, Mar. 16, 2022 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: What factors should the Board weigh when considering an untimely motion to reopen that is premised on a vacatur of a criminal conviction? Request to Appear as Amicus Curiae: Members of the public who wish to appear as amicus curiae before the...

March 16, 2022

IRAP, AIC FOIA Records Related to Humanitarian Parole Data and Refugee Processing for Afghan Nationals

IRAP, AIC, Mar. 15, 2022 " This Freedom of Information Ac t  (FOIA)   request   seeks to uncover  information about  how the  humanitarian parole process and refugee program is working with respect to Afghan nationals."

March 16, 2022

ILD, NILC and AIC FOIA ACIJ Materials

ILD, NILC, AIC, Mar. 14, 2022 "Understanding the Role of Approximately 40 Assistant Chief Immigration Judges (ACIJs) Who Oversee All Immigration Courts.  This Freedom of Information Act (FOIA) Request  seeks to uncover information about the hiring process for the position of Assistant Chief Immigration Judge (ACIJ) and the influence of these judges over the immigration courts."