December 28, 2021

EAD Expedite for Health Care Workers

USCIS, Dec. 28, 2021 - "If you are a healthcare worker Who has a pending Employment Authorization Document (EAD) renewal application (Form I-765, Application for Employment Authorization); and Whose EAD is expiring within 30 days or less, or has already expired: Please call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) to request expedited processing of your EAD renewal application...

December 27, 2021

EOIR/USCIS Security Bars Rule; Further Delay of Effective Date

This document is scheduled to be published in the Federal Register on 12/28/2021 "On December 23, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively, “the Departments”) published a final rule (“Security Bars rule”), to clarify that the “danger to the security of the United States” standard in the statutory bar to eligibility for asylum and withholding of removal...

December 27, 2021

Family Reunification Task Force: Extension of Comment Period

Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 "The Department of Homeland Security (DHS), on behalf of the Interagency Task Force on the Reunification of Families (Task Force), is extending the deadline for the submission of public comments in response to its December 10, 2021 request for comments regarding ways to minimize the separation of migrant parents and legal guardians and children entering...

December 23, 2021

FAM Update: Students, Residence Abroad (Dec. 20, 2021)

9 FAM 402.5-5(E)(1)  (U) Residence Abroad Required (CT:VISA-1439; 12-20-2021) [Text in italics updated Dec. 20, 2021.] a.  (U)  INA 101(a)(15)(F)(i) and INA 101(a)(15)(M)(i) require that an F-1 or M-1 applicant possess a residence in a foreign country he or she has no intention of abandoning.  You must be satisfied that the applicant intends to depart upon completion of the approved activity.  Consequently, you must...

December 23, 2021

DOS: Important Announcement on Waivers of the Interview Requirement for Certain Nonimmigrant Visas

DOS, Dec. 23, 2021 "The Secretary of State, in consultation with the Department of Homeland Security, has authorized consular officers through the end of 2022 to waive the in-person interview requirement for certain temporary employment nonimmigrant visa applicants who have a petition approved by the U.S. Citizenship and Immigration Services.   This new authorization applies to temporary workers applying for H...

December 23, 2021

CBP Lifts US/Mexico/Canada Border Travel Restrictions

Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 - Notification of the Lifting of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada for Certain Individuals Who Are Fully Vaccinated Against COVID–19 and Can Present Proof of COVID–19 Vaccination Status Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 -...

December 22, 2021

CA9 on Marijuana, CIMT: Walcott v. Garland

Walcott v. Garland "Pattie Page Walcott, a citizen of Jamaica, became a lawful permanent resident of the United States in March 1999. In 2011, the government charged her with removability pursuant to 8 U.S.C. § 1227(a)(2)(A)(ii) for having been convicted of two crimes involving moral turpitude (“CIMT”), based on two Arizona convictions for marijuana-related offenses. Walcott’s first conviction was in October 2010...

December 22, 2021

CA3 Slams IJ, BIA: Nsimba v. Atty. Gen.

Nsimba v. Atty. Gen. "Bob Lupini Nsimba petitions for review of a December 8, 2020 decision of the Board of Immigration Appeals affirming the Immigration Judge’s denial of his application for asylum. In affirming that decision, the BIA misapplied and misinterpreted controlling precedent and imposed requirements on those seeking relief that would require petitioners to first endure torture or arrest. Accordingly...

December 22, 2021

Asylum Victory in Denver...4 Years After Hearing!

Claudia Brett Goldin reports: "I'm very happy to share [this] decision from IJ Trujillo granting our client asylum based on her membership in the PSG "indigenous Mayan Guatemalan women." Huge congratulations to Eric Pavri , who tried this case before IJ Trujillo in November 2017! At the time of the hearing, A-R-C-G- was still good law, but we've certainly gone through twists and turns since then...

December 21, 2021

Carrillo-Lopez Explainer

NIPNLG, Dec. 21, 2021 "Over the past two years, federal defenders have begun challenging the laws that criminalize crossing the border — 8 U.S.C. § 1325 and 8 USC § 1326 — on the grounds that the law is racist, and therefore unconstitutional. Recently, in a case called United States v. Carrillo-Lopez (“Carrillo-Lopez”), Judge Miranda Du in the District of Nevada agreed with this argument and granted a motion to...

December 21, 2021

Watchlist Victory: Jibril v. Mayorkas

Jibril v. Mayorkas "In 2018, during extended airline trips, the members of the Jibril family (“Jibrils” or “Appellants”), a family of U.S. citizens, were forced to endure extensive and intrusive security screenings at domestic and international airports. As a result of these encounters with Government agents, the Jibrils believed that they were on a terrorist watchlist maintained by the U.S. Government. They initially...

December 21, 2021

Amazing Citizenship Victory: Brito Sanchez v. Garland

Brito Sanchez v. Garland "Brito has produced the necessary evidence to meet the “preponderance of the evidence” standard articulated in  Giha ,  supra . His mother Ms. Lopez testified he was born in California, an obviously relevant fact in the question of his citizenship. For the reasons described in the court's findings of fact above, her testimony is credible. Her demeanor was credible. Her memory was detailed...

December 20, 2021

USCIS “Contact Center” is a Time Tax on Immigrants and Their Lawyers

Margaret D. Stock, Dec. 20, 2021 " These days, US immigration lawyers and clients spend a lot of unproductive (=wasted) time talking on the phone to United States Citizenship and Immigration Services (USCIS) agents who work for an entity called the “USCIS Contact Center.” Immigration attorneys openly mock the telephone number as “1-800-USELESS.”   Lawyers and their clients are required to call the USCIS Contact...

December 20, 2021

DHS to Supplement H-2B Cap with Additional Visas in First Half of Fiscal Year

DHS, Dec. 20, 2021 "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 20,000 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2022.  These visas will be set aside for U.S. employers seeking to employ additional workers on or before March 31, 2022. This supplemental...

December 20, 2021

Step Right Up For The H-2B Lotto!

DOL, Dec. 20, 2021 "H-2B Application Filing Timelines for 2022 Peak Filing Season The Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that the filing window to submit an H-2B  Application for Temporary Employment Certification  (Form ETA-9142B and appendices) requesting work start dates of April 1, 2022, or later,  will open on January 1, 2022, at 12:00 a.m. Eastern...

December 17, 2021

EOIR Posts Underlying B-Z-R- Order

Panel decision in Matter of B-Z-R-, Dec. 3, 2020 [Now on referral to the A.G. ]

December 17, 2021

EOIR Announces 22 New Immigration Judges

EOIR, Dec. 17, 2021 "The Executive Office for Immigration Review (EOIR) today announced 22 new Immigration Judges (IJs), including five Unit Chief Immigration Judges (UCIJs). EOIR recognizes the many benefits of a diverse and inclusive workforce, and is looking for qualified candidates from all backgrounds to join our team. Individuals interested in Immigration Judge positions are invited to sign up for job alerts...

December 17, 2021

Detainer Victory in Colorado: Nash v. Mikesell

Nash v. Mikesell "Jason Mikesell, in his official capacity as Sheriff of Teller County, entered into an agreement with the United States Immigration and Customs Enforcement (ICE) to assist ICE in various ways. Plaintiffs — residents of Teller County — sued to halt the Sheriff’s allegedly unlawful actions implicating use of their taxes. As a matter of first impression, a division of the court of appeals concludes...

December 17, 2021

January 2022 Visa Bulletin

January 2022 Visa Bulletin D.   EXPIRATION OF THE EMPLOYMENT-BASED FIFTH PREFERENCE I5 AND R5 REGIONAL CENTER VISA CATEGORIES Division O, Title 1, Section 104 of the Consolidated Appropriations Act, 2021 extended the immigrant investor pilot program until June 30, 2021.  No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases after June 30, 2021. The final action dates for the...

December 17, 2021

EOIR Amends Filing Deadline Memo

EOIR, Dec. 16, 2021 "... EOIR has determined that the longstanding fifteen-day default filing deadline in cases involving non-detained respondents is appropriate. Accordingly, EOIR is amending PM 21-18 to state that amendments to applications, and other supplemental filings, can be submitted up to fifteen days before individual calendar hearings, unless the immigration judge specifies otherwise. ..."

December 17, 2021

ICE Extends I-9 Flexibility

ICE, Dec. 15, 2021 "U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was initially granted last year. Due to the continued precautions related to COVID-19, the Department of Homeland Security (DHS) will extend this policy until April 30, 2022. This extension will continue to apply the guidance previously issued for employees...

December 15, 2021

2022 H-2A AEWR News (Dec. 15, 2021)

DOL ETA, Dec. 15, 2021 Office of Foreign Labor Certification Publishes 2022 H-2A Monthly Adverse Effect Wage Rate (AEWR) for Herding or Production of Livestock on the Range The Employment and Training Administration has published a notice in the  Federal Register  announcing the new AEWR for occupations involving herding or production of livestock on the range for the H-2A Program. The AEWR is the minimum wage rate...

December 14, 2021

CA9 on Fundamental Fairness: Alcaraz-Enriquez v. Garland

Alcaraz-Enriquez v. Garland "Despite its obligation under Saidane, the DHS made no effort—good faith or otherwise—to procure for Alcaraz’s cross-examination the witnesses whose testimony was embodied in the probation report and upon whose testimony the BIA ultimately relied in denying his appeal. See id. This failure impugned the probation report’s reliability and rendered the BIA’s procedure fundamentally unfair...

December 14, 2021

CA5 on MPP: Texas v. Biden

Texas v. Biden "On the merits, the Termination Decision was arbitrary and capricious under the APA. That Act, among other things, requires courts to set aside agency actions that overlook relevant issues or inadequately explain their conclusions. We anchor our analysis to a recent Supreme Court decision that applied this doctrine in the immigration context. Under that precedent, this is not a close case. ... The...

December 14, 2021

DOJ Increases Immigration-Related Penalties

Federal Register / Vol. 86, No. 236 / Monday, December 13, 2021 "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 December 13, 2021 with respect to violations occurring after November 2, 2015. DATES: This rule is effective December...