September 21, 2021

CA10 Sua Sponte Reopening Remand: Berdiev v. Garland

Berdiev v. Garland "On equitable tolling, we conclude that the Board did not abuse its discretion. On the exercise of the Board’s sua sponte reopening authority, however, we conclude that the Board at least partly relied on a legally erroneous—and thus invalid—rationale, and we cannot determine whether the Board would have reached the same outcome independently based solely on valid reasons. Accordingly, exercising...

September 20, 2021

Unpub. (2-1) CA5 Credibility Remand: Mpesse v. Garland

Mpesse v. Garland "In light of the fact that the critical role in deciding credibility is for the IJ, and because both the BIA and this court have found that the IJ erred in some of the evidence he relied on to find that the petitioner was not credible, we are not confident in a finding that there was “no realistic possibility” that the IJ and BIA would have found the petitioner credible on the remaining evidence...

September 20, 2021

How Federal Courts Are Waking Up to Constitutional Claims in Immigration Cases

Prof. Geoffrey Hoffman, Sept. 19, 2021 "Recently, district court decisions have charted a bold new course for constitutional claims in the context of immigration-related federal court litigation. Although people have made claims for years, emanating for example from  equal protection , the  first amendment , the  fourth amendment , and  due process , this latest trend is something new and exciting. It can be described...

September 16, 2021

Court: Trump/Biden/CDC Title 42 Border Blockade Enjoined

Huisha-Huisha v. Mayorkas, Sept. 16, 2021 "Upon careful consideration of the motions, the responses, and replies thereto, the applicable law, and the entire record, the Court GRANTS Plaintiffs’ Motion for Class Certification and GRANTS Plaintiffs’ Motion for Classwide Preliminary Injunction. ... Plaintiffs argue that the CDC Orders instituting the Title 42 Process exceed the authority granted by Congress pursuant...

September 16, 2021

CA9 Pushes Back Against SCOTUS: Alcaraz-Enriquez II

Alcaraz-Enriquez II, Sept. 16, 2021 "Petitioner Cesar Alcaraz-Enriquez (“Alcaraz”), a native and citizen of Mexico, petitions for review of the order of the Board of Immigration Appeals (“BIA”), which denied his applications for withholding of removal and deferral of removal under the Convention Against Torture (“CAT”). We previously granted Alcaraz’s petition on two bases: (1) that the BIA erred in not requiring...

September 16, 2021

NIPNLG Explainer: FIFTH CIRCUIT STAYS LOWER COURT ORDER, INTERIM ENFORCEMENT GUIDELINES REMAIN IN EFFECT

NIPNLG, Sept. 16, 2021 "Yesterday the Fifth Circuit stayed a district court order that would have halted much of the Biden Administration’s interim enforcement priorities. Though the Fifth Circuit left narrow portions of the order in place, its decision represents a significant blow to the efforts of anti-immigrant state governments to block the Biden Administration’s efforts to set guidelines on the exercise of...

September 16, 2021

USCIS Again Extends Temporary Final Rule Providing Interpreters at Asylum Interviews

This document is scheduled to be published in the Federal Register on 09/17/2021 "The Department of Homeland Security (DHS) is extending for a second time the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. This rule also provides that if a USCIS interpreter...

September 16, 2021

Court Strikes Down Trump H-1B Lottery Rule; Wolf Not Lawfully Appointed

Chamber of Commerce v. DHS, Sept. 15, 2021 "DHS confirmed at the hearing that Secretary Mayorkas has not ratified the Final Rule. Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court concludes the rule must be set aside. In light of this ruling, the Court does not reach Plaintiffs’ alternative arguments. Accordingly, the Court vacates the Final Rule...

September 15, 2021

CA5 Issues Partial Stay in TX v. USA

TX v. USA, Sept. 15, 2021 "[T]he United States has shown a likelihood of prevailing on appeal to the extent the preliminary injunction prevents officials from relying on the memos’ enforcement priorities for nondetention decisions. ... We therefore GRANT IN PART and DENY IN PART the motion to stay the preliminary injunction. The injunction will go into effect to the extent it prevents DHS and ICE officials from...

September 15, 2021

DOS: Important Announcement on F, M, and Academic J Visas (Sept. 14, 2021)

DOS, Sept. 14, 2021 "International students are now and always have been among the Department of State’s highest priorities.  The Department recognizes the important contributions these students make to our college and university campuses; the positive impact they have on U.S. communities; and the rich benefits of academic cooperation in increasing cultural understanding, furthering research, knowledge, and supporting...

September 15, 2021

DOS IV Prioritization Update (Sept. 13, 2021)

DOS, Sept. 13, 2021 "As noted in our recent  visa services operating status update , the Department of State is committed to sharing the current status of our worldwide visa operations.  As part of that effort, we would like to clarify how our embassies and consulates are prioritizing immigrant visa applications, as the Department works to reduce the backlog of such applications resulting from travel restrictions...

September 15, 2021

DOS DV 2021 Update (Sept. 12, 2021)

DOS, Sept. 12, 2021 "On September 9, 2021, the U.S. District Court for the District of Columbia preliminarily enjoined the Department of State from applying the November 2020 prioritization policy guidance to diversity visa (“DV”) 2021 applicants and ordered the Department to undertake good-faith efforts to expeditiously process DV applications (including derivative beneficiaries) by September 30, 2021.  The court...

September 15, 2021

DOS Seeks IV Input

This document is scheduled to be published in the Federal Register on 09/16/2021 "All interested parties are invited to respond to this Request for Public Input by submitting written views and comments on all aspects of the Department of State’s implementation and execution of its authorities relating to the immigrant visa function, including existing regulations, orders, guidance documents, policies, and any other...

September 14, 2021

Massive U Visa and APA Victory: Barrios Garcia v. DHS (CA6)

Barrios Garcia v. DHS "Plaintiffs have sufficiently alleged that USCIS has unreasonably delayed the adjudication of their U-visa applications. Because the BFD process was issued after Plaintiffs’ complaints were filed, Plaintiffs should be allowed to amend their complaints should they wish to assert that USCIS has unreasonably delayed its determination that their U-visa applications are “bona fide.” ... We hold...

September 14, 2021

Joint DOS/DHS Statement on CAM Restart

DOS/DHS, Sept. 13, 2021 "As shared in early June, the Department of Homeland Security’s U.S. Citizenship and Immigration Services and Department of State’s Bureau of Population, Refugees, and Migration have taken steps toward reinstituting and improving the Central American Minors (CAM) program since our agencies launched the first phase of reopening CAM on March 10. As part of this phased approach...

September 14, 2021

COVID-19 Vaccination Required for Immigration Medical Examinations

USCIS, Sept. 14, 2021 "U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign  Form I-693, Report of Medical Examination and Vaccination Record . We are updating our policy guidance in accordance with...

September 13, 2021

FOIA Results – EOIR’s “Guidance and Publications” Site

Matthew Hoppock, Sept. 13, 2021 "In January 2019 we submitted a FOIA request asking for the contents of the  EOIR ‘s “ Guidance and Publications” intranet site . The site is part of the EOIR’s intranet, which is accessible to all EOIR employees, and appeared to contain guidance for immigration judges on a host of topics. In July 2019 we received  roughly 94 heavily-redacted files  (posted below as “First Production...

September 13, 2021

Prof. Anming Hu Acquitted: Major DOJ "China Initiative" Humiliation

US v. Hu "This matter is before the Court on defendant’s motion for a judgment of acquittal, pursuant to Federal Rule of Criminal Procedure 29 [Doc. 116, pp. 80–81], a written supplement thereto [Doc. 104; Doc. 116, pp. 272–73], as well as his renewed motion for judgment of acquittal [Doc. 117, p. 23], and a written motion requesting ruling [Doc. 127]. The government opposes defendant’s motions [Doc. 116, pp. 81...

September 13, 2021

Visa Bulletin for October 2021

Visa Bulletin for October 2021 See Note D. EXPIRATION OF TWO EMPLOYMENT CATEGORIES, and Note F. VISA AVAILABILITY IN THE COMING MONTHS (potential monthly movement)

September 11, 2021

Automatic Increase of EB-5 Investment and Revenue Amount Requirements (Oct. 1, 2021)

This document is scheduled to be published in the Federal Register on 09/13/2021 "ACTION: Final rule; technical amendment. SUMMARY: On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth...

September 10, 2021

Court: State Department's Diversity Visa Procedures Illegal

Filazapovich et al. v. Dept. of State "For the foregoing reasons, the court (1) grants the Goh Plaintiffs summary judgment on their claims that the No-Visa Policy is contrary to law and Defendants unreasonably delayed their visa applications; (2) denies the Goh Defendants’ motion for summary judgment except as to Plaintiffs who have already received their diversity visas; (3) denies the Filazapovich Plaintiffs...

September 09, 2021

CA9 on Iran, Evidence, CAT: Etemadi v. Garland

Etemadi v. Garland "Kami Etemadi, a citizen and native of Iran, came to the United States in 1996 and made a life in Los Angeles. After being introduced to an Iranian American church, he converted to Christianity and was baptized in 1999. The government maintains his faith is false, and endeavors to deport him. Etemadi desires to remain in the United States with his American wife and family. He fears that if he...

September 09, 2021

Continuation of TPS for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal

This document is scheduled to be published in the Federal Register on 09/10/2021 "Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction orders of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et. al., No. 18-cv-01554 (N.D. Cal. Oct. 3, 2018) (“Ramos”) and the U.S. District...

September 08, 2021

Supreme Court Amicus Briefs Filed in Patel v. Garland

In Patel v. Garland, SC Docket No. 979, on cert. from CA11, 971 F.3d 1258  (11th Cir. 2020), the issue presented is: "Whether 8 U.S.C. 1252(a)(2)(B)(i) preserves the jurisdiction of federal courts to review a nondiscretionary determination that a noncitizen is ineligible for certain types of discretionary relief." All of the briefs are here .  Of particular note is the brief filed by the "Round Table"...

September 08, 2021

CA9, En Banc, on Credibility: Alam v. Garland

Alam v. Garland "We voted to rehear this case en banc to reconsider our “single factor rule,” which we have applied in considering petitions for review from decisions by the Board of Immigration Appeals (“BIA”). The single factor rule, as we have applied it, requires us to sustain an adverse credibility finding if “one of the [agency’s] identified grounds is supported by substantial evidence.” Wang v. INS, 352...