May 21, 2021

DHS Statement on the Expiration of 100-day Removal Pause

DHS, May 6, 2021 "On January 20, 2021, Acting Secretary David Pekoske signed a memorandum entitled  Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities .  In part, that memorandum directed DHS to immediately pause the execution of final orders of removal for certain noncitizens for 100 days beginning no later than January 22, 2021. The 100-day pause was enjoined by...

May 21, 2021

CA9 on Bivens: Boule v. Egbert, Amended

Boule v. Egbert, amended 5-20-21 "The opinion filed on November 20, 2020, and reported at Boule v. Egbert, 980 F.3d 1309 (9th Cir. 2020), is amended, and the amended opinion is filed concurrently with this order. ... We are asked to decide whether a Bivens damages remedy is available to a United States citizen plaintiff who contends that a border patrol agent, acting on the plaintiff’s property within the United...

May 21, 2021

DOL/DHS Add 22K H-2B Visas

This document is scheduled to be published in the Federal Register on 05/25/2021 "The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2021 authority and increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of no more than 22,000 additional visas through the end of the second half of FY 2021 to those...

May 20, 2021

Advocates: Garland Must Review EOIR Personnel and Install New Leadership

Letter dated May 19, 2021 "To Attorney General Garland and Deputy Attorney General Monaco: We, the undersigned immigration, civil rights, human rights, and democracy protection organizations, are deeply concerned that politically motivated personnel installed under the Trump administration remain in key leadership positions at the U.S. Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR...

May 19, 2021

Visa Bulletin for June 2021

Visa Bulletin for June 2021

May 19, 2021

DOS on U.S. Citizenship Transmission and Assisted Reproductive Technology

State Department, May 18, 2021 "Recognizing the advances in assisted reproductive technology (ART), the State Department is updating our interpretation and application of Section 301 of the Immigration and Nationality Act (INA), which establishes the requirements for acquisition of U.S. citizenship at birth. Children born abroad to parents, at least one of whom is a U.S. citizen and who are married to each other...

May 18, 2021

AAO Hardship Remand

Hats off to Alan Lee for this May 6, 2021 AAO remand regarding hardship for an I-212 waiver.  Kudos!

May 18, 2021

Practitioners' Guide to Obtaining Release From Immigration Detention

CLINIC, May 13, 2021 "This guide provides strategies for practitioners seeking a client’s release from immigration detention. It focuses on the nuts and bolts of preparing for and representing a client during immigration court bond hearings. It also provides an overview of the immigration detention system, discusses the legal authority for different types of immigration detention, and covers the process for appealing...

May 18, 2021

DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations

USCIS, May 18, 2021 "The Department of Homeland Security has issued a  final rule  that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court. On Oct. 8, 2020, DHS issued an IFR titled,  Strengthening the H-1B Nonimmigrant Visa Classification Program . On Dec. 1, 2020, the U.S. District Court for the Northern...

May 17, 2021

EOIR Cancels Trump-Era Policy Memos (May 14, 2021)

PM 21-19 : "As part of EOIR’s ongoing efforts to improve operations and review existing policy memoranda, the following Policy Memoranda (PM) are rescinded: 1. PM 19-02, Guidelines Regarding New Regulations Governing Asylum and Protection Claims 2. PM 19-03, Guidelines Regarding the Presidential Proclamation Addressing Mass Migration Through the Southern Border of the United States PM 19-02 and 19-03 were issued...

May 16, 2021

Biden Revokes Trump's "No Health Insurance, No Green Card" Proclamation

White House, May 14, 2021 "A Proclamation on Revoking Proclamation 9945 The suspension of entry imposed in Proclamation 9945 of October 4, 2019 (Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans), does not advance the interests of the United States.  My Administration is committed to...

May 14, 2021

Another Twist on Niz-Chavez: The "Fake Date" Problem

Prof. Geoffrey Hoffman, May 14, 2021 - "A fascinating twist on the factual scenario in Niz-Chavez is what to do if your client had an NTA with a so-called "fake date." The "fake date" problem is one you will remember well if you practice immigration law before EOIR, and it garnered national attention in 2019 when ICE issued these fake dates for thousands of immigrants, many of whom showed up in...

May 13, 2021

CA9, En Banc, on Derivative Citizenship: Cheneau v. Garland

Cheneau v. Garland "We voted to rehear this case en banc to consider the requirements for two different pathways by which a child of a naturalized citizen parent can derive U.S. citizenship under former 8 U.S.C. § 1432(a)(5) (1994) (repealed 2000). Under the first pathway, a child “residing in the United States pursuant to a lawful admission for permanent residence at the time of the naturalization of the parent...

May 12, 2021

CA9 on In Absentia, Exceptional Circumstances: Hernandez-Galand v. Garland

Hernandez-Galand v. Garland "This case concerns in absentia removal orders entered against a mother and her minor child as a consequence of the mother’s failure to appear in immigration court. We hold that there are exceptional circumstances in this case that warrant reopening. Therefore, we grant the petition for review and remand for further proceedings. ... In light of the totality of the circumstances, we conclude...

May 12, 2021

Dept. of Education Final Rule: Undocumented Students Eligible for HEERF Grants

This document is scheduled to be published in the Federal Register on 05/14/2021 "The Secretary amends the Department of Education regulations so that an institution of higher education (IHE) may appropriately determine which individuals currently or previously enrolled at an institution are eligible to receive emergency financial aid grants to students under the Higher Education Emergency Relief programs, as originally...

May 12, 2021

DOL Wage Rule: Delay of Effective/Transition Dates

This document is scheduled to be published in the Federal Register on 05/13/2021 "On March 12, 2021, the Department of Labor (Department or DOL) published a final rule delaying the effective date of the January 14, 2021, rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (the rule or Final Rule), from March 15, 2021 until May 14, 2021....

May 11, 2021

Cyrus Mehta: Will Kisor Be The Nail In Castro-Tum's Coffin?

Cyrus Mehta, May 10, 2021 "On May 5, 2021, the majority opinion in the Third Circuit Court of Appeals decision in  Sanchez v. Attorney General  followed two other circuit courts in holding that an Immigration Judge (IJ) has the authority to administratively close cases. If there is a case that is deserving for an IJ to administratively close a case, this is it. Former Attorney General Sessions, under President...

May 10, 2021

DHS Announces Continuation of International Entrepreneur Parole Program

USCIS, May 10, 2021 "U.S. Citizenship and Immigration Services  announced  today that the Department of Homeland Security is withdrawing a 2018 notice of proposed rulemaking that proposed to remove the International Entrepreneur program from DHS regulations. The International Entrepreneur (IE) parole program, first introduced in 2017, will remain a viable program for foreign entrepreneurs to create and develop...

May 07, 2021

DHS Withdraws Proposed EAD, Biometrics Rules

This document is scheduled to be published in the Federal Register on 05/10/2021 - "The U.S. Department of Homeland Security (DHS) is withdrawing a notice of proposed rulemaking (NPRM) that published on November 19, 2020. The NPRM proposed to revise DHS regulations governing employment authorization for individuals who have a final order of removal and are released from DHS custody on an order of supervision. The...

May 06, 2021

SSA Discontinues "No-Match" Letters

From the "Educational Correspondence to Employers" pulldown on this undated SSA web post : "In March of 2019, we began mailing notifications to employers identified as having at least one name and combination submitted on Form W-2 that do not match our record. The purpose of the letter is to advise employers that corrections are needed in order for us to properly post its employee’s earnings to the correct...

May 06, 2021

17 New Immigration Judges...And Commentary

EOIR, May 6, 2021 "The Executive Office for Immigration Review (EOIR) today announced 17 new Immigration Judges (IJs), including one Assistant Chief Immigration Judge (ACIJ) and six Unit Chief Immigration Judges (UCIJs). ACIJs are responsible for overseeing the operations of their assigned immigration courts. In addition to their management responsibilities, they will hear cases. UCIJs serve as IJs in formal judicial...

May 05, 2021

CA3 (2-1) Says "No!" to Castro-Tum

Arcos Sanchez v. Atty. Gen. "We are fully persuaded that, as discussed in Romero and Meza Morales, the regulations afford IJs and the Board authority to take any action (including administrative closure) as is appropriate and necessary (in the context of each case) for the disposition of such case to resolve questions in a timely and impartial manner consistent with the Act and regulations. After applying the standard...

May 05, 2021

H-2A Proposed Rule, Request for Comments

This document is scheduled to be published in the Federal Register on 05/06/2021 "The Department of Labor (the Department) proposes to amend its regulations regarding the adjudication of temporary need for employers seeking herding or production of livestock on the range job opportunities under the H–2A program. Consistent with a court-approved settlement agreement, this notice of proposed rulemaking (NPRM or proposed...

May 05, 2021

Insider: Garland Secretly Appoints 17 New IJs

Cinco de Mayo, 2021 Former BIA Chair, the Hon. Paul W. Schmidt , reports on his blog : "According to “Deep Throat 2021,” (“DT-21”) it’s worse than I previously thought about Immigration Judge appointments. (And, I thought it was bad.) Garland actually secretly appointed 17 new IJs in April, but EOIR hasn’t released the names publicly because they (rightly) fear “the blowback” from Dems and progressives. ... As...

May 03, 2021

Biden Adjusts Refugee Admission Numbers

Memorandum for the Secretary of State on the Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021 MAY 03, 2021   •   PRESIDENTIAL ACTIONS In Executive Order 14013 of February 4, 2021 (Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration), I directed numerous actions to rebuild, expand, and improve the United...