May 03, 2021

Prof. Geoffrey Hoffman: Niz-Chavez and Jurisdiction?

Prof. Geoffrey A. Hoffman, May 2, 2021 "The Supreme Court's decision earlier this week in   Niz-Chavez v. Garland  is potentially revolutionary.  First, it rejected the impoverished and incorrect interpretation by circuit courts and the BIA of  Pereira v. Sessions  (20-18) about the alleged "curing" of a defective Notice to Appear (NTA) by a subsequent notice of hearing. Such an interpretation was...

May 03, 2021

DOS on India Pres. Proc. (Apr. 30, 2021)

State Department, Apr. 30, 2021 "On April 30, 2021, President Biden signed a Proclamation suspending the entry of certain nonimmigrant travelers who have been physically present in India, which will go into effect at 12:01 AM EDT on Tuesday, May 4. Immigrants, U.S. citizens, and lawful permanent residents (LPR) are not subject to the proclamation.  Some other exceptions include, but are not limited to: foreign...

May 03, 2021

Presidential Proclamation, India, Suspension and Limitation on Entry of Certain Non-immigrants

White House, Apr. 30, 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 described...

April 30, 2021

DOS on Immigrant Visa Prioritization (Apr. 30, 2021)

DOS, Apr. 30, 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 provide more details regarding how our embassies and consulates are prioritizing immigrant visa applications as the Department works to reduce the backlog of such applications resulting from...

April 30, 2021

CA4 on Waivers: Jimenez-Rodriguez v. Garland

Jimenez-Rodriguez v. Garland "Reading the broad language of §§ 1003.10(b) and 1240.1(a)(1)(iv), we conclude that these regulations give the IJ the Attorney General’s discretionary authority to grant a § 1182(d)(3)(A)(ii) waiver. ... [W]e grant the petition, vacate the BIA’s final removal order, and remand for further proceedings consistent with this opinion." [Hats off to Brad Banias !]

April 30, 2021

It's Almost May 3rd...Do You Know Where Your 9141 Is?

OFLC, Apr. 30, 2021 "OFLC Announces a Reminder to Filers of Form ETA-9141 to Submit Their Initiated Cases Prior to May 3, 2021 The Office of Foreign Labor Certification (OFLC) will implement the new Form ETA-9141,  Application for Prevailing Wage Determination , beginning May 3, 2021. As a result, any initiated cases not submitted prior to 6:00 a.m. EST on May 3, 2021 will be deleted and a new application using...

April 29, 2021

Supreme Court: NTA Must Be a Single Document to Trigger Stop-Time Rule

Niz-Chavez v. Garland (6-3) "Some circuits have accepted the government’s notice-by-installment theory.  Others, however, have held that the government must issue a single and comprehensive notice before it can trigger the stop-time rule.  We agreed to hear this case, Niz-Chavez v. Barr, 789 Fed. Appx. 523 (CA6 2019), to resolve the conflict, 590 U. S. ___ (2020). ... Our only job today is to give the law’s terms...

April 28, 2021

OFLC Provides Revised Form ETA-9141 Webinar Materials and Information to Stakeholders in Advance of May 3 Transition

OFLC, Apr. 28, 2021 "On April 27, 2021, the Office of Foreign Labor Certification (OFLC) conducted a webinar to provide an overview on how to complete the revised Form ETA-9141,  Application for Prevailing Wage Determination , in OFLC’s Foreign Labor Application Gateway case management system. The presentation materials and a recording of the webinar are now available at the hyperlinks below. View the slides...

April 27, 2021

Joint ICE-CBP Memo: Civil Immigration Enforcement Actions in or near Courthouses

ICE, Apr. 27, 2021 "This memorandum provides interim guidance that governs our civil immigration enforcement actions in or near courthouses. It is effective immediately and will be replaced after the Secretary issues his final guidance after engaging with you. This memorandum supersedes and revokes ICE Directive 11072.1, entitled "Civil Immigration· Enforcement Inside Courthouses," that was issued on...

April 27, 2021

Palomar-Santiago Recap (Apr. 27, 2021)

Here is the transcript of today's oral argument. Here is a link to the audio. Here is a case preview by Prof. Jennifer Lee Koh . Here is the SCOTUSblog case page, with links to all the briefs.

April 27, 2021

Palomar-Santiago Recap (Apr. 27, 2021)

Here is the transcript of today's oral argument. Here is a link to the audio. Here is a case preview by Prof. Jennifer Lee Koh . Here is the SCOTUSblog case page, with links to all the briefs.

April 27, 2021

ICE, CBP to Limit Civil Enforcement Actions In or Near Courthouse

DHS, Apr. 27, 2021 "Today, Secretary of Homeland Security Alejandro N. Mayorkas directed U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) to place new limits on civil immigration enforcement actions in or near courthouses.  Acting Director of ICE Tae Johnson and Acting CBP Commissioner Troy Miller have issued a memorandum to ICE and CBP personnel pertaining to the limited...

April 27, 2021

DOS: NIEs for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland (Apr. 26, 2021)

DOS, Apr. 26, 2021 "On April 26, 2021, the Secretary of State made a national interest determination regarding categories of travelers eligible for exceptions under Presidential Proclamations (PPs) 9984, 9992, and 10143 related to the spread of COVID-19.  As a result of this determination, together with national interest determinations already in place, travelers subject to these proclamations, due to their presence...

April 27, 2021

USCIS Issues Policy Guidance on Deference to Previous Decisions

USCIS, Apr. 27, 2021 "USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts. With this update, USCIS is reverting in substance to prior long-standing guidance (PDF, 134.52 KB) issued in 2004, which...

April 26, 2021

ICE Continues March 2020 Guidance for the 2021-22 Academic Year

ICE, Apr. 26, 2021 "The Student and Exchange Visitor Program (SEVP) will extend the guidance originally issued in March 2020 for the 2021-22 academic year. This guidance enables schools and students to engage in distance learning in excess of regulatory limits due to the continuing public health concerns created by COVID-19. The March 2020 guidance applies to nonimmigrant students who were actively enrolled at...

April 24, 2021

Unpub. CA11 Remand: Nyang v. U.S. Atty. Gen. (Second MTR, IAC, Equitable Tolling)

Nyang v. U.S. Atty. Gen. "Nyang petitions for review of the order of the Board of Immigration Appeals (“BIA”) denying his second motion to reopen his removal proceedings (“second motion”) based on claims of ineffective assistance of counsel, which he filed pursuant to the Immigration and Nationality Act (“INA”) § 240(c)(7)(A), 8 U.S.C. § 1229a(c)(7)(A). He argues that the BIA failed to give reasoned consideration...

April 23, 2021

DHS, ICE Announce Rescission of Civil Penalties for Failure-to-Depart

DHS, Apr. 23, 2021 "Today, at the direction of Secretary of Homeland Security Alejandro N. Mayorkas, U.S. Immigration and Customs Enforcement (ICE) rescinded two delegation orders related to the collection of civil financial penalties for noncitizens who fail to depart the U.S., stating they run counter to the agency’s best interest. “There is no indication that these penalties promoted compliance with noncitizens...

April 21, 2021

DHS Eases Work Rules for Some Syrian, Venezuelan F-1 Students

This document is scheduled to be published in the Federal Register on 04/22/2021 - "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 Syria (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the civil unrest in Syria since March 2011...

April 21, 2021

DHS Extends Border Restrictions Through May 21, 2021

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico

April 21, 2021

OFLC Releases Data (Apr. 20, 2021)

DOL, Apr. 20, 2021 " OFLC Releases Public Disclosure Data and Selected Program Statistics for Q2 of Fiscal Year 2021 The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the second quarter of fiscal year 2021) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B, H-1B1, E-3...

April 20, 2021

Visa Bulletin For May 2021

Visa Bulletin for May 2021 Note E. - "@TravelGov will begin hosting "Chats with Charlie" on our YouTube channel ( https://www.youtube.com/user/TravelGov ) to discuss information provided in the monthly Visa Bulletin.  The first chat is scheduled to take place on April 22, 2021 at 1:00 p.m. EST to discuss the April Visa Bulletin.  Questions can be emailed to VisaBulletin@state.gov ahead of the event with...

April 20, 2021

DHS to Add 22K H-2B Visas

DHS, Apr. 20, 2021 " ... In light of increased labor demands, DHS is announcing a supplemental increase of 22,000 visas for the H-2B Temporary Non-Agricultural Worker program. The additional visas will be made available in the coming months via a temporary final rule in the  Federal Register . Furthermore, to expand lawful pathways for opportunity in the United States consistent with the President’s Executive Order...

April 19, 2021

Transcript: Sanchez v. Mayorkas Oral Argument

U.S. Supreme Court, Apr. 19, 2021

April 16, 2021

Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021

White House, Apr. 16, 2021 "By the authority vested in me as President by the Constitution and the laws of the United States of America, in accordance with section 207(b) of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157(b)), and after appropriate consultation with the Congress, I have determined that subsequent to the signing of Presidential Determination 2021-02 on October 27, 2020 (Presidential...

April 16, 2021

CA10 on CAT, Mexico, Cartels: Torrez de Lopez v. Garland

Torrez de Lopez v. Garland "Maria Torres de Lopez, a native and citizen of Mexico, appeals the denial of her application for deferral of removal under the United Nations Convention Against Torture (CAT). Exercising jurisdiction under 8 U.S.C. § 1252(a), we grant the petition for review and remand for further proceedings. ... [W]e are compelled to conclude it is more likely than not that El Tigre [of the Sinaloa...