November 17, 2021

CA11 on Future Persecution, CAT: Jathursan v. Atty. Gen.

Jathursan v. Atty. Gen. "Pathmanathan Jathursan, a native and citizen of Sri Lanka, seeks review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”...

November 17, 2021

Visa Bulletin for December 2021

Visa Bulletin for December 2021

November 16, 2021

DOS Reopens Public Charge IFR Comment Period

This document is scheduled to be published in the Federal Register on 11/17/2021 "On October 11, 2019, the Department of State (“the Department”) published an interim final rule (“IFR”) regarding visa ineligibility on public charge grounds and accepted public comments on the rule through November 12, 2019. Given the many changed circumstances since publication of the IFR, the Department is soliciting additional...

November 15, 2021

Igloo Settles H-2B Beef with DOJ

DOJ, Nov. 15, 2021 "The Department of Justice announced today that it reached a settlement with Igloo Products Corp., a company that produces coolers, jugs and hydration products, based in Katy, Texas. The settlement resolves the department’s claims that Igloo did not consider workers in the United States (such as U.S. citizens, U.S. nationals, asylees, refugees and recent lawful permanent residents) for certain...

November 15, 2021

How Will the En Banc CA9 Rule in Tomczyk? (Reinstatement)

Here is a link to the Sept. 21, 2021 oral argument video. To recap: Tomczyk v. Wilkinson, 987 F.3d 815  - "DHS failed to apply the correct legal standard under 8 U.S.C.S. § 1231(a)(5) for entering an order reinstating the alien's deportation order because the alien had not "reentered the United States illegally" within the meaning of § 1231(a)(5) based solely on the fact of inadmissibility at the...

November 15, 2021

DOLETA O*NET Update

Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 "The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce updates to Appendix A to the Preamble– Education and Training Categories by Occupational Information Network (O*NET)–Standard Occupational Classification (SOC) Occupations. Appendix A is a list of professional occupations that...

November 13, 2021

Negusie v. Garland: Petitioner's CA5 Brief

Petitioner's Brief in CA5 Case No. 21-60314 "Petitioner, Daniel Girmai Negusie, petitions this Court to review and reverse the Board of Immigration Appeals’s decision affirming the Attorney General’s decision in Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020), which held: (1) the bar to eligibility for asylum and withholding of removal based on the persecution of other does not include an exception for coercion...

November 13, 2021

EOIR Announces Fully Virtual Process for eRegistration

EOIR, Nov. 12, 2021 "The Executive Office for Immigration Review (EOIR) today announced the next phase of its “Access EOIR” initiative through a change to its eRegistration process for the EOIR Courts & Appeals System (ECAS). Effective Monday, Nov. 15, though the two-phase eRegistration remains in place to validate a registrant’s identity, practitioners will no longer be required to appear in-person to show...

November 13, 2021

EOIR Announces Fully Virtual Process for eRegistration

EOIR, Nov. 12, 2021 "The Executive Office for Immigration Review (EOIR) today announced the next phase of its “Access EOIR” initiative through a change to its eRegistration process for the EOIR Courts & Appeals System (ECAS). Effective Monday, Nov. 15, though the two-phase eRegistration remains in place to validate a registrant’s identity, practitioners will no longer be required to appear in-person to show...

November 13, 2021

USCIS Policy Alert: Clarifying Guidance on Military Service Members and Naturalization

USCIS, Nov. 12, 2021 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide clarifications regarding certain naturalization applications filed by current or former members of the U.S. armed forces under sections 328 and 329 of the Immigration and Nationality Act (INA)."

November 13, 2021

USCIS Policy Alert: Employment Authorization for Certain H-4, E, and L Nonimmigrant Dependent Spouses

USCIS, Nov. 12, 2021 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address automatic extension of employment authorization for certain H-4, E, and L nonimmigrant dependent spouses. USCIS is also rescinding the 2002 Legacy Immigration and Naturalization Service memorandum entitled, “Guidance on Employment Authorization for E and L Nonimmigrant Spouses...

November 12, 2021

UPDATED GUIDANCE ON EOIR’S RESPONSE TO THE COVID-19 OUTBREAK

EOIR, Nov. 8, 2021 "The Executive Office for Immigration Review (EOIR) is committed to providing timely guidance to EOIR personnel, practitioners, and parties in proceedings before the agency. Given the evolving nature of the pandemic, updated guidance regarding EOIR’s response to COVID-19 continues to be necessary and frequent. This Director’s Memorandum (DM) supersedes and rescinds Policy Memorandum (PM) 20-13...

November 09, 2021

BIA Amicus Invitation: Aggravated Felony (Due Nov. 30, 2021)

Amicus Invitation No. 21-09-11 "ISSUE PRESENTED: Whether all aggravated felonies under section 101(a)(43) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43), per se come within the ambit of a particularly serious crime, such that it is unnecessary to examine the elements of the relevant aggravated felony offense pursuant to the first step of Matter of N-A-M-, 24 I&N Dec. 336 (BIA 2007)."

November 09, 2021

BALCA H-2B Remand: MB Florida LTD LLC

BALCA, Nov. 4, 2021 "While Employer correctly asserted that the CO improperly applied the Single Employer Test in considering Employer’s labor certification application, the question under administrative review is not just whether the CO applied the wrong test. Ultimately, the issue is whether the CO’s reasons for denial of certification were legally and factually sufficient. A full review of the record establishes...

November 09, 2021

Advance Copy of H-2A/B Country List

This document is scheduled to be published in the Federal Register on 11/10/2021 "Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally only approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published...

November 08, 2021

AAO U VIsa Victory

AAO, Oct. 28, 2021 "The Director of the Nebraska Service Center denied the Form I-918, Petition for U Nonimmigrant Status (U petition), concluding that the Petitioner did not establish that she was the victim of a qualifying crime. The matter is now before us on appeal. On appeal, the Petitioner resubmits evidence and asserts that he was the victim of qualifying criminal activity and has established eligibility...

November 08, 2021

DHS Announces Fee Exemptions, Streamlined Processing for Afghan Nationals as They Resettle in the U.S.

USCIS, Nov. 8, 2021 "Today, the Department of Homeland Security (DHS) announced that it will exempt filing fees and streamline application processing for Afghan nationals who were paroled into the United States for humanitarian reasons on or after July 30, 2021. These actions will help facilitate their resettlement in the U.S. by streamlining the processing of requests for work authorization, Green Cards, and associated...

November 08, 2021

Class Action Lawsuit Challenges Immigration Agency’s Unlawful Denial of Green Cards for TPS Holders

NILA, Nov. 8, 2021 "Three Temporary Protected Status (TPS) holders filed a class action lawsuit challenging U.S. Citizenship and Immigration Services’ decision to rescind a decades-old policy which allowed them to seek lawful permanent resident status (green cards).   Immigration law permits TPS holders to travel abroad temporarily with prior agency approval. For nearly three decades, USCIS and its predecessor...

November 08, 2021

CA5 on Jurisdiction, CAT: Arulnanthy v. Garland

Arulnanthy v. Garland "The collateral consequences of the BIA’s order ensure that Arulnanthy’s petition for review remains justiciable despite his removal to Sri Lanka. Substantial evidence supports the finding that Arulnanthy was not a credible witness. And the BIA was right to consider Arulnanthy’s lack of credibility fatal to his asylum claim. But the BIA’s refusal to consider his country...

November 08, 2021

EOIR Policy Memo: Encouraging and Facilitating Pro Bono Legal Services

EOIR, Nov. 5, 2021 "... Pro bono attorneys, authorized legal service providers, and law school clinics perform an invaluable public service by educating otherwise unrepresented individuals, assisting them in the preparation of their cases and providing direct representation. The agency therefore welcomes and encourages pro bono representation, and Immigration Judges and court staff should accommodate and facilitate...

November 06, 2021

CBP Ends "Metering" at Border

CBP, Nov. 1, 2021 -  Guidance for Management and Processing of Undocumented Noncitizens at Southwest Border Land Ports of Entry "This memorandum provides updated guidance for the management and processing of noncitizens who, without proper documents ("undocumented noncitizens"), present at land ports of entry (POEs) along our Southwest Border, including those who may be seeking humanitarian protection...

November 04, 2021

DOL Punts on Additional H-2B Visas

DOL, Nov. 4, 2021 The Department of Labor’s Response to Stakeholder Requests to Raise the H-2B Visa Cap for the First Half of Fiscal Year 2022 "The Department of Labor (Department or DOL) continues to recognize that obtaining a reliable workforce is crucial to meeting the temporary or seasonal labor needs of American businesses. The Department also recognizes how important it is to help Americans get back to...

November 04, 2021

BIA on Nexus, Jurisdiction, Voluntary Departure: Matter of M-F-O-

Matter of M-F-O-, 28 I&N Dec. 408 (BIA 2021) - A notice to appear that does not specify the time or place of a respondent’s initial removal hearing does not end the accrual of physical presence for purposes of voluntary departure at the conclusion of removal proceedings under section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. § 1229c(b) (2018), even if the respondent is later served with a notice of...

November 03, 2021

CA9 on Stop-Time Rule: Quebrado-Cantor v. Garland

Quebrado-Cantor v. Garland "This appeal requires us to address, yet again, application of the “stop-time rule” in immigration proceedings. Nonpermanent residents subject to removal may apply to the Attorney General for cancellation of removal. To be eligible, a nonpermanent resident must have “been physically present in the United States for a continuous period of not less than 10 years.” 8 U.S.C. § 1229b(b)(1...

November 02, 2021

CA6 on PSG: Zometa-Orellana v. Garland - Published!

Zometa-Orellana v. Garland "Ana Mercedes Zometa-Orellana, a native and citizen of El Salvador, suffered regular beatings and rape by her domestic partner. She sought asylum and withholding of removal based both on political opinion and membership in a particular social group. An immigration judge (IJ) denied asylum and withholding of removal, and the Board of Immigration Appeals (BIA) affirmed that ruling. Since...