August 09, 2021

EOIR Announces New Format for BIA Unpublished Decisions

EOIR, Aug. 9, 2021 "The Executive Office for Immigration Review (EOIR) announces that effective today, the Board of Immigration Appeals (BIA) will begin transitioning to a new format for unpublished decisions. The new format is similar to that used for federal court decisions and makes it easier to locate pertinent information. Unpublished decisions in the new format will no longer include a signature line or ...

August 09, 2021

USCIS Expands Partnership with Social Security Administration

USCIS, Aug. 9, 2021 "USCIS announced today that applicants filing for lawful permanent resident status are now able to apply for a Social Security number (SSN) or replacement card as part of the adjustment of status application process. Previously, these individuals had to apply for a Social Security number at a Social Security office. USCIS is revising Form I-485, Application to Register Permanent Residence or...

August 06, 2021

OFLC News, Aug. 6, 2021

OFLC, Aug. 6, 2021 OFLC Releases Public Disclosure Data and Selected Program Statistics for Q3 of Fiscal Year 2021 The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2021) drawn from employer applications for the PERM, LCA (H-1B, H-1B1, E-3), H-2A, H-2B, CW-1, and Prevailing Wage programs. Please Note:  OFLC recently...

August 05, 2021

USCIS Policy Alert on ART (Aug. 5, 2021)

USCIS, Aug. 5, 2021 SUBJECT: Assisted Reproductive Technology and In-Wedlock Determinations for Immigration and Citizenship Purposes Purpose U.S. Citizenship and Immigration Services (USCIS) is updating guidance in the USCIS Policy Manual regarding the determination of whether a child born outside the United States, including a child born through Assisted Reproductive Technology (ART), is considered born “in wedlock...

August 05, 2021

CA10 Unpub. on DRC, Credibility: Umba v. Garland

Umba v. Garland "When a statute mandates that a lower tribunal consider the “totality of the circumstances” in making a credibility determination, we require that it do just that. And if it fails in this endeavor, we cannot uphold its determination. ... Petitioner fled the DRC after being tortured for participating in the Union for Democracy and Social Progress (“UDPS”)—a political party that opposes current DRC...

August 05, 2021

CA9 on Exhaustion, Social Group, CAT, El Salvador: Vasquez-Rodriguez v. Garland

Vasquez-Rodriguez v. Garland "We conclude that the approach set forth in Matter of E-A-G- [24 I. & N. Dec. 591 (B.I.A. 2008)] is inconsistent with the requisite fact-based analysis of proposed particular social groups. ... We do not suggest that this group [persons erroneously perceived to be gang members] would necessarily qualify. Instead, because the Board has not yet had an opportunity to decide the issue...

August 05, 2021

Biden Grants DED to Certain Hong Kong Residents

White House, Aug. 5, 2021 "Memorandum on the Deferred Enforced Departure for Certain Hong Kong Residents AUGUST 05, 2021 MEMORANDUM FOR THE SECRETARY OF STATE THE SECRETARY OF HOMELAND SECURITY SUBJECT: Deferred Enforced Departure for Certain Hong Kong Residents The United States supports the human rights and fundamental freedoms of the residents of Hong Kong. Recognizing the significant erosion...

August 04, 2021

CA11 on Divisibility: Simpson v. Atty. Gen.

Simpson v. Atty. Gen. "Applying the categorical approach, we hold that Mr. Simpson’s conviction for a violation of § 790.23(1)(a) does not constitute a firearm offense under § 1227(a)(2)(C) of the INA and its cross-reference to the definition of a firearm in § 921(a)(3).  We grant Mr. Simpson’s petition. The BIA’s decision deeming Mr. Simpson removable under 8 U.S.C. § 1227(a)(2)(C) of the INA, based on his conviction...

August 03, 2021

Federal Judge Blocks Abbott's Executive Order

US v. Texas, Aug. 3, 2021 "1. This Court has jurisdiction over the subject matter of this case, there is good cause to believe it will have jurisdiction over all the parties, and venue in this district is proper. The United States is likely to prevail on its claims that Texas Governor Greg Abbott’s “executive order No. GA-37 relating to the transportation of migrants during the COVID-19 disaster,” issued on July...

August 03, 2021

Immigration Court Operations FAQ (July 30, 2021)

EOIR, July 30, 2021 "Consistent with public health officials’ guidance, the Executive Office for Immigration Review (EOIR) has implemented practices to help to protect all people working in and visiting EOIR spaces throughout the country. We remain committed to ensuring that all employees and visitors are aware of these practices. ... "

August 03, 2021

CDC Extends Border Blockade Against Asylum-Seekers

CDC, Aug. 2, 2021 "The Centers for Disease Control and Prevention (CDC) has issued an order under Sections 362 and 365 of the Public Health Service Act, and associated implementing regulations, that temporarily suspends the introduction of certain noncitizens based on the Director’s determination that introduction of such noncitizens, regardless of their country of origin, migrating through Canada and Mexico into...

August 03, 2021

TPS Registration Period Extensions

This document is scheduled to be published in the Federal Register on 08/04/2021 "Through this notice, the Department of Homeland Security (DHS) announces extensions of the initial registration periods from 180 days to 18 months for initial (new) applicants under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma. This notice also provides certain specific corrections to the Federal...

August 02, 2021

CA9 on CIMT, Divisibility, Categorical Approach: Maie v. Garland

Maie v. Garland "Maie’s petition contends that his petty theft convictions are not categorically CIMTs. The government’s initial response argued only that Maie failed to preserve this argument. For reasons explained more fully below, we conclude that Maie’s argument was not waived. Because Maie’s argument presents an issue we have yet to address in a published opinion, we ordered supplemental responses to fill...

August 02, 2021

CA9 on Burden of Proof: Romero v. Garland

Romero v. Garland "Romero had been admitted before he applied for adjustment of status. Thus, he is not now an “applicant for admission,” and therefore the “clearly and beyond doubt” burden does not apply. Rather, the “preponderance of the evidence” burden from 8 C.F.R. § 1240.8(d) applies. ...  [W]e remand for the BIA to reconsider whether Romero met his burden to show by a “preponderance of the evidence” under...

August 02, 2021

State Department on Priority 2 Designation for Afghan Nationals

Here is the Fact Sheet dated Aug. 2, 2021 and here is a transcript of an Aug. 2, 2021 briefing with senior State Department officials

July 30, 2021

BIA on Tenn. Statutory Rape: Matter of Aguilar-Barajas

Matter of Aguilar-Barajas, 28 I&N Dec. 354 (BIA 2021) (1) The offense of aggravated statutory rape under section 39-13-506(c) of the Tennessee Code Annotated is categorically a “crime of child abuse” within the meaning of section 237(a)(2)(E)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(E)(i) (2018). (2) The Supreme Court’s holding that a statutory rape offense does not qualify as “sexual abuse...

July 30, 2021

EADs for Certain Haitian F-1 Students

This document is scheduled to be published in the Federal Register on 08/03/2021 "This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is Haiti (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. The Secretary...

July 30, 2021

Designation of Haiti for TPS

This document is scheduled to be published in the Federal Register on 08/03/2021 "Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Haiti for Temporary Protected Status (TPS) for 18 months, effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER], through February 3, 2023. This designation allows eligible Haitian nationals...

July 30, 2021

A.G. Garland Responds to TX Gov. Abbott

U.S. Attorney General Merrick Garland, July 29, 2021 "Dear Governor Abbott: I urge you to immediately rescind Executive Order GA 3 7, entitled Relating to the transportation of migrants during the COVID-19 disaster. The Order purports to mandate that "[n]o person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained...

July 29, 2021

Pre-1995 Vietnam Deportation Advisory - UPDATED

Jenny Zhao, Senior Staff Attorney, Immigrant Rights Program, Asian Americans Advancing Justice – Asian Law Caucus - Atlanta, writes: "I'm writing on behalf of Advancing Justice - Asian Law Caucus and Advancing Justice - Atlanta to share an advisory on and copy of the November 2020 Memorandum of Understanding regarding the deportation of Vietnamese citizens who arrived in the United States before July 12, 1995...

July 29, 2021

TX Gov. Abbott Issues EO Regarding Transportation of Migrants

Governor Abbott, July 28, 2021 "Governor Greg Abbott today  issued an Executive Order  restricting ground transportation of migrants who pose a risk of carrying COVID-19 into Texas communities. The Executive Order also directed the Texas Department of Public Safety (DPS) to stop any vehicle upon reasonable suspicion of such violation and reroute such vehicles back to its point of origin or a port of entry. DPS...

July 28, 2021

CA2 on Credibility: Singh v. Garland - REVISED

Singh v. Garland "Amardeep Singh, a native and citizen of India seeking relief from political persecution in his home country, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) affirming the decision of the Immigration Judge (“IJ”), which, on adverse credibility grounds, denied Singh asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The IJ...

July 28, 2021

Presidential Determination 2021-09 (July 23, 2021)

This document is scheduled to be published in the Federal Register on 07/29/2021 MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Unexpected Urgent Refugee and Migration Needs By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 2(c)(1) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(1)) (MRAA), I hereby determine, pursuant...

July 27, 2021

No Defenses in I-864 Lawsuits: Asilonu v. Asilonu

Greg McLawsen writes: "While not a topic on most imm lawyer's radar, here's an interesting update from the I-864 enforcement world.  The M.D. N.C. has joined courts in the 9th Circuit to hold that there are zero affirmative defenses available to sponsors who are sued under the Affidavit of Support.  Historically courts have entertained affirmative defenses like fraud at the R 56 stage and beyond.  Now, the...

July 27, 2021

Consent Order in OPT Delay Class Action: Li v. USCIS

Li v. USCIS, July 23, 2021 - See pp. 6-14 for the good results for the Plaintiffs...and counsel!  Hats off to Porter Wright attorneys Caroline H. Gentry , Robert H. Cohen and Kirsten R. Fraser !