December 01, 2021

CBP Policy Statement and Required Actions Regarding Pregnant, Postpartum, Nursing Individuals, and Infants in Custody

CBP, Nov. 29, 2021 " This memorandum  on CBP’s policy and required actions regarding pregnant, postpartum, nursing individuals, and infants establishes formal guidance related to care in custody and documentation requirements consistent with recommendations from the DHS Office of Inspector General (OIG Report No. OIG-21-49) made in July 2021.  This is the first action CBP is taking to address the recommendations...

December 01, 2021

DOS on Facilitating USCIS VTC Interviews of Refugee Applicants

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 "By virtue of the authority vested in the Secretary of State by the laws of the United States, including 22 U.S.C. 2651a, pursuant to authority delegated by the Secretary of the Department of Homeland Security (DHS) on August 6, 2021 (DHS Delegation Number 00117), and subject to the DHS Secretary’s oversight, direction, and guidance, I hereby delegate...

December 01, 2021

Non-Range H-2A AEWR NPRM

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 "The Department of Labor (Department or DOL) is proposing to amend its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H–2A nonimmigrant status (H–2A workers). ...  Interested persons are invited to submit written comments on the proposed rule on or before January 31, 2022...

November 30, 2021

FOIA Victory: Brennan Center v. ICE

Brennan Center v. ICE "Now before the Court are the parties' cross motions for summary judgment. See ECF Nos. 15, 18. Two issues remain in dispute: (1) whether the search ICE conducted was adequate, and (2) whether ICE properly withheld several sections of a requested handbook pursuant to FOIA Exemption 7(E). As set forth in further detail below, the Court finds that ICE's search was inadequate and orders...

November 30, 2021

CA9 on Credibility: Kumar v. Garland

Kumar v. Garland "Under the REAL ID Act, Immigration Judges (“IJs”) must base credibility determinations on “the totality of the circumstances, and all relevant factors.” 8 U.S.C. 1158(b)(1)(B)(iii). However, even after the passage of this Act, we continued to follow our historical rule that when an IJ made an adverse credibility finding based on multiple grounds, we would affirm that finding “[s]o long as one...

November 30, 2021

Zometa-Orellana Published! (CA6)

Dr. Alicia Triche writes: "Your readers will recall this case holds Matter of A-B- III applies to existing DV asylum claims, holds IJs/BIA are to consider int’l obligations in DV asylum claims, calls into doubt the duty to articulate PSGs to the IJ, and reverses negative determinations on unwilling/unable and IR for lack of substantial evidence." Link to Zometa-Orellana v. Garland :  https://www.opn.ca6.uscourts...

November 29, 2021

All Temporary Protected Status (TPS) Applicants May Now File Forms I-821 and I-765 Online

USCIS, Nov. 29, 2021 "As of Nov. 29, all applicants eligible to file for TPS under one of the current designations may file Form I-821, Application for Temporary Protected Status, and Form I-765, Application for Employment Authorization, online. The following countries are currently designated for TPS: Burma (Myanmar) El Salvador Haiti Honduras Nepal Nicaragua Somalia South Sudan Sudan Syria...

November 29, 2021

Palomar-Santiago Practice Advisory (NIPNLG)

Matthew S. Vogel, NIPNLG, Nov. 24, 2021 "On May 24, 2021, the U.S. Supreme Court issued United States v. Palomar-Santiago, 141 S. Ct. 1615 (2021), a federal criminal case concerning the requirements for a successful collateral attack of an underlying administrative removal order in an illegal re-entry prosecution. In Palomar-Santiago, the Court held that all three requirements of 8 U.S.C. § 1326(d) – administrative...

November 29, 2021

Presidential Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus

White House, Nov. 26, 2021 " ... I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1182(f) and 1185(a), and section 301 of title 3, United States Code, hereby find that the unrestricted entry into the United States of persons...

November 26, 2021

H-2A News (USDA FLS Report)

DOL, Nov. 24, 2021 "On November 24, 2021, the United States Department of Agriculture (USDA) issued the Farm Labor Survey (FLS) report in which it established the average annual wage rates, by region and the United States, for field and livestock workers. The Department of Labor (Department) relies on the average annual combined hourly wage for field and livestock workers in order to establish the Adverse Effect...

November 24, 2021

Advance Copy: Employment Authorization for F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of Emergent Circumstances in Hong Kong

This document is scheduled to be published in the Federal Register on 11/26/2021 "This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F-1 nonimmigrant students who are Hong Kong residents (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the emergent circumstances in Hong Kong. The Secretary...

November 23, 2021

EOIR on Administrative Closure

EOIR, Nov. 22, 2021 "On July 15, 2021, the Attorney General issued a precedential decision in Matter of Cruz-Valdez, 28 I&N Dec. 326 (A.G. 2021). In that decision, the Attorney General restored the authority of immigration judges and the Board of Immigration Appeals (Board) to administratively close cases. This memorandum discusses the practical implications of the Attorney General’s decision, particularly...

November 23, 2021

CA9 on Reopening, Religious Persecution, Indonesia: Nababan v. Garland

Nababan v. Garland "[W]e hold that the BIA committed legal error because it did not assess the individualized risk of persecution that Petitioners face due to their identity as evangelical Christians. Accordingly, we grant the petition for review and remand to the BIA. On remand, the BIA should assess whether country conditions in Indonesia have materially changed for evangelical Christians in particular, as distinct...

November 23, 2021

USCIS Policy Alert: General Adjudications

USCIS, Nov. 23, 2021 "USCIS provides general guidance on adjudications across the various types of benefit requests that USCIS adjudicates. In general, this update does not make major substantive changes, but consolidates and incorporates existing Adjudicator’s Field Manual (AFM) guidance on general adjudications topics into the Policy Manual, streamlines USCIS’ immigration policy, and removes obsolete information...

November 23, 2021

EOIR Announces Limited Online Filing for Respondents

EOIR, Nov. 22, 2021 "The Executive Office for Immigration Review (EOIR) today announced the next phase of its “Access EOIR” initiative with the launch of “Respondent Access,” a portal within the EOIR Courts & Appeals System (ECAS). Respondent Access allows respondents to update their address and contact information with the agency through a completely digital process instead of completing the paper EOIR-33...

November 22, 2021

CA6 (2-1) - No Bivens at Border: Elhady v. Bradley

Elhady v. Bradley Maj. - "In short, when it comes to the border, the Bivens issue is not difficult—it does not apply. And district courts would be wise to start and end there.  We reverse and remand for the district court to enter final judgment for Bradley." Dissent - "By choosing not to raise the issue on appeal, defendant Bradley, represented by the Department of Justice, forfeited his argument that...

November 22, 2021

SCOTUS Grants Cert. in Border Bivens Case: Egbert v. Boule

SCOTUSblog case page for Egbert v. Boule, Docket No. 21-147 " Issues : (1) Whether a cause of action exists under  Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics  for First Amendment retaliation claims; and (2) whether a cause of action exists under  Bivens  for claims against federal officers engaged in immigration-related functions for allegedly violating a plaintiff’s Fourth Amendment rights...

November 22, 2021

Certain Petitioners for U Nonimmigrant Status May Receive a Refund for Applications for Employment Authorization Submitted Before Sept. 30, 2021

USCIS, Nov. 22, 2021 "USCIS mistakenly rejected certain applications for employment authorization ( Form I-765, Application for Employment Authorization ) from petitioners for U nonimmigrant status that were filed without a fee (or request for fee waiver) from June 14 through Sept. 29, 2021. USCIS also mistakenly accepted fees where certain petitioners for U nonimmigrant status unnecessarily submitted a fee with...

November 19, 2021

Title 42 Litigation Update - Updated!

Oral argument in Huisha-Huisha is scheduled for Wed., Jan. 19, 2022. The appellee's brief is here .  Appellees' amicus briefs are here , here , here and here .  UPDATE: And here , here , here and here . (I did not load any of the appellants' briefs.) From PACER.

November 19, 2021

USCIS Oath of Allegiance Policy Memo

USCIS, Nov. 19, 2021 -  Demonstrating Eligibility for Modification under Section 337 of the Immigration and Nationality Act "During the naturalization interview, an applicant signs the naturalization application to acknowledge the applicant’s willingness and ability to take the Oath of Allegiance. An applicant may be eligible for a modification of the oath based on religious, moral, or ethical beliefs. Qualification...

November 19, 2021

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

USCIS, Nov. 19, 2021 "We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously submitted electronic registrations using a random selection process. The petition filing period based on registrations selected on Nov. 19 will begin on Nov. 22, 2021, and...

November 19, 2021

USCIS Policy Alert: Adoptions

USCIS, Nov. 19, 2021 "U.S. Citizenship and Immigration Services (USCIS) is publishing a volume in the USCIS Policy Manual regarding adoptions. This guidance incorporates basic requirements for the submission of adoption-based applications and petitions to USCIS. ... This guidance consolidates, clarifies, and replaces Chapters 21.4(d)(5), 21.5, 21.6, and 21.16 of the Adjudicator’s Field Manual (AFM), as well as...

November 19, 2021

Matter of Valenzuela, 28 I&N Dec. 418 (BIA 2021)

Matter of Valenzuela, 28 I&N Dec. 418 (BIA 2021) - The respondent’s conviction for carjacking under section 215(a) of the California Penal Code is categorically a conviction for an aggravated felony crime of violence under section 101(a)(43)(F) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(F) (2018).

November 18, 2021

BIA CIMT Amicus Invitation (Due Date: Dec. 8, 2021)

Amicus Invitation No. 21-17-11 "ISSUE PRESENTED: In Hernandez v. Whitaker, 914 F.3d 430 (6th Cir. 2019), the United States Court of Appeals for the Sixth Circuit concluded that section 750.82 of the Michigan Compiled Laws is not divisible and that the minimum conduct at issue therein – i.e., the intent to place a victim in reasonable fear or apprehension of an immediate battery – could not satisfy the definition...

November 17, 2021

CA1 Puts a Dent in Matter of Y-L-: DeCarvalho v. Garland

DeCarvalho v. Garland "The Board of Immigration Appeals (BIA) held that Janito DeCarvalho's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, § 32A(a), constitutes a "particularly serious crime" that makes him ineligible for withholding of removal. See 8 U.S.C. § 1231(b)(3)(B)(ii). The BIA also denied DeCarvalho's application for deferral...