March 16, 2022

JAC’s New Litigation Tracker Follows States’ Legal Efforts to Uphold Trump-Era Immigration Policies

Justice Action Center, Mar. 15, 2022 "Justice Action Center (JAC) launched a  litigation tracker microsite  that follows states’ legal challenges to inclusive federal immigration policies. Since President Biden took office, states like Texas, Arizona, Florida, and others have poured immense resources into impeding progress and defending Trump-era policies that demonize, endanger, and discriminate against immigrants...

March 16, 2022

Secretary Mayorkas Designates Afghanistan for Temporary Protected Status

DHS, Mar. 16, 2022 "The Department of Homeland Security (DHS) today announced the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months. Only individuals who are already residing in the United States as of March 15, 2022, will be eligible for TPS. “This TPS designation will help to protect Afghan nationals who have already been living in the United States from returning to unsafe conditions...

March 15, 2022

USCIS Extends Asylum Interview Interpreter Rule

USCIS: "On March 15, 2022, USCIS published another  extension  to the  temporary final rule  (TFR) that requires certain asylum applicants to use our contract telephonic interpreters instead of bringing their own interpreters to their affirmative asylum interview. The TFR extends the requirement through March 16, 2023. This extension retains a previous modification that provides that in limited circumstances, if...

March 14, 2022

COURT STRENGTHENS PROTECTIONS FOR CHILDREN IN IMMIGRATION CUSTODY

National Center for Youth Law, Mar. 14, 2022 "On Friday, March 11, 2022, a  federal judge held  that unaccompanied children in federal immigration custody are entitled to greater constitutional protections than they are currently afforded when they are detained in restrictive placements or denied release to family.  A group of children, including one who spent nearly two years in immigration custody, brought...

March 11, 2022

BIA (2-1) on Frivolousness: Matter of M-M-A-

Matter of M-M-A-, 28 I&N Dec. 494 (BIA 2022) When the Department of Homeland Security raises the mandatory bar for filing a frivolous asylum application under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2018), an Immigration Judge must make sufficient findings of fact and conclusions of law on whether the requirements for a frivolousness determination under Matter of Y-L-, 24...

March 10, 2022

CA7 on BIA Abuse of Discretion: Oluwajana v. Garland

Oluwajana v. Garland "After an immigration judge ordered him removed from the United States, Olawole Oluwajana appealed to the Board of Immigration Appeals and retained counsel to represent him. But the government was slow in providing a copy of Oluwajana’s immigration file, without which his attorney could not prepare a brief. The Board granted one extension but denied a second, suggesting that Oluwajana instead...

March 10, 2022

Affidavit of Support Enforcement Victory: Flores v. Flores

Flores v. Flores "Plaintiff Ms. Flores initiated this action to enforce her estranged husband's duty to provide financial support under the I-864 Affidavit of Support. ... Plaintiff seeks $5,035.20 in damages, declaratory relief, and an "order of specific performance compelling [Defendant] to make monthly financial payments to Plaintiff in the amount of 125 percent of the Federal Poverty Guideline for...

March 10, 2022

Unpub. BIA Equitable Tolling Victory: Matter of Siahaan

Matter of Siahaan, Feb. 23, 2022 "Upon our review, we are satisfied that the respondents exercised reasonable diligence in pursuing their claim. See Lawrence v. Lynch, 826 F.3d at 203-04; Kuusk v. Holder, 732 F.3d at 305-06. They have provided evidence indicating that in 2004, while their proceedings were open and their appeal was pending before the Board, their United States citizen child was born (Respondents'...

March 09, 2022

82,645 Appeals Pending at the BIA

As of Jan. 19, 2022 there are 82,645 appeals pending at the BIA.

March 08, 2022

CA5 on Stop-Time, Niz-Chavez: Gregorio-Osorio v. Garland

Gregorio-Osorio v. Garland "The Government indicates that the matter should be remanded, in part, to the BIA for consideration of her request for voluntary departure in light of Niz-Chavez. Thus, the petition for review is granted as to the stop-time issue, and this matter is remanded to the BIA for consideration under Niz-Chavez and other relevant precedents." [Hats off to my friend Magali Suárez Candler...

March 08, 2022

CA4 Denies Reh. En Banc in Pugin v. Garland (Obstruction of Justice)

Pugin v. Garland ("Pugin II") See Chief Judge Gregory 's dissent: "I respectfully dissent from this court’s denial of rehearing en banc on the issue of whether to grant Chevron deference to the Board of Immigration’s (“Board”) recent interpretation of § 1101(a)(43)(S), providing that an aggravated felony under the INA is “an offense relating to the obstruction of justice, perjury or subornation of...

March 08, 2022

Special Immigrant Juvenile Petitions: Final Rule (Mar. 8, 2022)

Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 "The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for juveniles seeking classification as a Special Immigrant Juvenile (SIJ) and related adjustment of status to lawful permanent resident (LPR). This rule codifies statutorily mandated changes and clarifies the following: the definitions of key...

March 07, 2022

SIJ News from USCIS (Mar. 7, 2022)

USCIS Announces Policies to Better Protect Immigrant Children Who Have Been Abused, Neglected, or Abandoned : "United States Citizenship and Immigration Services (USCIS) today announced new  policies  that will provide better protection to immigrant children who are victims of abuse, neglect, abandonment, or similar parental maltreatment. “Today, we are taking action to help immigrant children in the U.S. who have...

March 04, 2022

The Elusive Concept of Moral Turpitude

Hon. Jeffrey S. Chase, Mar. 4, 2022 "I’ve never understood crimes involving moral turpitude. I confess this after reading a recent decision of the U.S. Court of Appeals for the Eleventh Circuit that caused me to realize that I am not alone. In Zarate v. U.S. Att’y Gen. ,1 the court was confronted with the question of whether a federal conviction for “falsely representing a social security number”...

March 04, 2022

CADC on Title 42: Huisha-Huisha v. Mayorkas

Huisha-Huisha v. Mayorkas "[I]n short, the Executive can expel the Plaintiffs from the country. But it cannot expel them to places where they will be persecuted or tortured. ... In sum, pursuant to statutes: (1) The Executive can render illegal the presence of aliens who pose a public-health risk during a public-health emergency. 42 U.S.C. § 265. (2) The Executive can expel those aliens. 42 U.S.C. § 1227(a)(1)...

March 03, 2022

Secretary Mayorkas Designates Ukraine for Temporary Protected Status for 18 Months

DHS, Mar. 3, 2022 "The Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months.   “Russia’s premeditated and unprovoked attack on Ukraine has resulted in an ongoing war, senseless violence, and Ukrainians forced to seek refuge in other countries,” said Secretary Alejandro N. Mayorkas. “In these extraordinary times, we will continue to offer...

March 03, 2022

CA4 on Changed Country Conditions: Garcia Hernandez v. Garland

Garcia Hernandez v. Garland "The BIA “affirm[ed] the Immigration Judge’s decision to deny reopening because the respondent has not sufficiently demonstrated that his brother’s murder represents a material change in country conditions that would affect his eligibility for asylum.” A.R. 4. As we noted above, while (b)(4) requires “changed country conditions,” (b)(3)does not. Thus, the BIA’s reference to a “material...

March 02, 2022

Private Bill for Rebecca Trimble Moves Forward

House Report, Feb. 1, 2022 "... In the modern era, Congress has enacted private bills on behalf of individuals like Ms. Trimble. In the 108th Congress, the President signed into law, a private bill for Richi James Lesley, who was born in Korea and adopted in Seoul by a sergeant in the U.S. Air Force and his wife. After his adoptive father’s untimely death, Mr. Lesley’s mother became unable to care for him and his...

March 02, 2022

TPS News: Sudan and South Sudan

USCIS, Mar. 2, 2022 "The Department of Homeland Security (DHS) announced a new designation of Sudan and an extension and redesignation of South Sudan for Temporary Protected Status (TPS) for 18 months. [Extension and Redesignation of South Sudan for Temporary Protected Status here ; Employment Authorization for South Sudanese F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of...

March 01, 2022

Announcement of Processing Posts for Visa Applicants from Ukraine

State Department, Mar. 1, 2022 "The U.S. Mission to Ukraine is not currently offering visa services.  Beginning immediately, Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General Frankfurt, including Diversity Visa (DV) and Fianc(é)e (K-1) visas.  The U.S. Embassy in Warsaw will process Ukrainian adoption cases as well as A and G diplomatic and official visas.  Contact...

March 01, 2022

H-2B Cap Reached for Second Half of FY 2022

USCIS, Mar. 1, 2022 "U.S. Citizenship and Immigration Services has received enough petitions to meet the congressionally mandated  H-2B cap  for the second half of fiscal year (FY) 2022. Feb. 25, 2022, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date on or after April 1, 2022, and before Oct. 1, 2022. We will reject new cap-subject H-2B petitions received...

March 01, 2022

USCIS Reaches Fiscal Year 2022 H-1B Cap

USCIS, Feb. 28, 2022 "USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022. We have completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H...

February 28, 2022

Castañon Nava Settlement News (ICE Sweeps)

NIJC, OCAD, ICIRR, Feb. 8, 2022 "The use of illegal traffic stops and arrest practices by federal immigration enforcement officials will be curtailed under a settlement resolving a lawsuit brought by Chicago area residents detained in ICE sweeps in 2018. Today, the District Court for the Northern District of Illinois approved a class action settlement which will require U.S. Immigration and Customs Enforcement...

February 28, 2022

Unpub. CA6 Claim Preclusion Victory: Jasso Arangure v. Garland

Jasso Arangure v. Garland "Ramon Jasso Arangure lived in the United States as a lawful permanent resident. After he pled guilty to first-degree home invasion, the Department of Homeland Security initiated removal. But the removal didn’t go as planned: DHS failed to show that Jasso was in fact removable, and the immigration judge terminated the proceeding. So DHS tried again. It started a second removal proceeding...

February 25, 2022

USCIS Alert: Separate Checks!

USCIS, Feb. 25, 2022 "For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition...