April 16, 2021

DOS Changes Foreign Doc Cert From ABMS to ACGME

Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 "The Department of State (Department) is changing the certification authority for alien physicians from the American Board of Medical Specialties (ABMS) to the Accreditation Council for Graduate Medical Education (ACGME). DATES: This rule is effective May 19, 2021."

April 16, 2021

USCIS Asks For Input

Federal Register / Vol. 86, No. 73 / Monday, April 19, 2021 Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services; Request for Public Input "The Department of Homeland Security (DHS) is seeking comments from the public on how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies...

April 16, 2021

Sanchez v. Mayorkas is "A No Brainer" - Hon. Paul W. Schmidt

Former BIA Chair Paul Schmidt tells it like it is with respect to Sanchez v. Mayorkas , set for oral argument at the Supreme Court on Monday, Apr. 19, 2021.  For a deep dive, here's David A. Martin's essay .  Issue: Whether, under 8 U.S.C. § 1254a(f)(4), a grant of temporary protected status authorizes eligible noncitizens to obtain lawful-permanent-resident status under 8 U.S.C. § 1255.

April 16, 2021

Unpub. BIA Asylum Victory: Russia, Political Opinion

Matter of X-, Apr. 12, 2021, unpub. "The respondent has credibly established that his conviction was pretexual in nature and on account of his political opinion. ... We do not find serious reasons to believe that the respondent committed a serious non-political crime outside of the United States. ... The respondent presented evidence that his home was searched by police officers and he was detained for 7-8 months...

April 15, 2021

Plaintiffs Seek $9.7M in EAJA Fees, Costs in MAVNI Class Action (Nio)

PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR FEES, EXPENSES, AND COSTS PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT [See generally,  https://dcfederalcourtmavniclasslitigation.org/  ]

April 15, 2021

USCIS on Public Charge (Apr. 12, 2021)

USCIS, Apr. 12, 2021, Renaud letter to Interagency Partners "This letter provides key information about a change in the way the Department of Homeland Security (OHS) is administering the public charge ground of inadmissibility. My message to you is simple: The 2019 public charge rule is no longer in effect, and we are seeking your support in communicating this change to the public."

April 14, 2021

Matter of Mensah, 28 I&N Dec. 288 (BIA 2021)

Matter of Mensah, 28 I&N Dec. 288 (BIA 2021) - An Immigration Judge may rely on fraud or a willful misrepresentation of a material fact made by an alien during an interview before the United States Citizenship and Immigration Services to remove the conditional basis of an alien’s permanent resident status in assessing whether the alien has demonstrated, for purposes of adjustment of status in removal proceedings,...

April 13, 2021

NVC-AILA Meeting Notes (Feb. 17, 2021)

State Department, Apr. 9, 2021 "National Visa Center Meeting with AILA on February 17,2021 Last Updated: April 9, 2021  On February 17, 2021, the National Visa Center (NVC) hosted a virtual outreach event with the Department of State Liaison Committee from the American Immigration Lawyers Association (AILA). NVC addressed a broad range of visa-related questions presented by the Committee. NVC AILA meeting...

April 13, 2021

CA9 on CAT, Honduras: Alvarado-Herrera v. Garland

Alvarado-Herrera v. Garland "Israel Alvarado-Herrera, a native and citizen of Honduras, reentered the United States illegally in 2017. The Department of Homeland Security (DHS) ordered him removed to Honduras after reinstating an earlier removal order that had been entered against him in 2013. Because Alvarado-Herrera expressed a fear of returning to Honduras, an asylum officer conducted a screening interview to...

April 12, 2021

Hon. Paul W. Schmidt on "Day One Stuff" for EOIR, Garland

When it comes to "progress" at EOIR made by the Biden administration, former BIA Chair Paul W. Schmidt pulls no punches .

April 12, 2021

CA9 Nixes States' Intervention in Public Charge Litigation

City & County of San Francisco v. USCIS, No. 19-17213 California v. Dep’t of Homeland Sec., No. 19-17214 Washington v. Dep’t of Homeland Sec., No. 19-35914

April 12, 2021

CA9 Amends East Bay (Asylum IFR)

East Bay Sanctuary Covenant v. Garland "ORDER 1. Appellants filed a petition for rehearing en banc on October 5, 2020 (19-16487, Dkt. Entry 117; 19-16773, Dkt. Entry 75). Judges W. Fletcher and Miller have voted to deny the petition for rehearing en banc, and Judge Clifton so recommends. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether...

April 09, 2021

BIA on Withholding: Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021)

Matter of A-S-M-, 28 I&N Dec. 282 (BIA 2021) - Where the Department of Homeland Security states that an applicant may be removed to a country pursuant to section 241(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1231(b)(2) (2018), the applicant may seek withholding of removal from that country in withholding-only proceedings, even if that country is different from the country of removal that was originally...

April 09, 2021

Updates to National Interest Exceptions for Regional COVID Proclamations (Apr. 8, 2021)

State Department, Apr. 8, 2021 "The Secretary has determined that the travel of immigrants, fiancé(e) visa holders, certain exchange visitors, and pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under the geographic COVID Presidential Proclamations (9984, 9992, and 10143).  These proclamations...

April 08, 2021

CA11 on Cuba, Journalists, Well-Founded Fear: Cabrera Martinez v. Atty. Gen.

Cabrera Martinez v. Atty. Gen. "Because the IJ and the BIA failed to provide reasoned consideration of Martinez’s evidence of his well-founded fear of future persecution based on a pattern or practice of persecution toward dissident journalists in Cuba, we grant in part his petition, vacate the BIA’s decision in part, and remand this case for further proceedings." [There was also a good dissent by Judge...

April 07, 2021

Visa Services Operating Status Update (Apr. 6, 2021)

DOS, Apr. 6, 2021 "Visa Services Operating Status Update Last Updated: April 6, 2021  The COVID-19 pandemic continues to severely affect the ability of embassies and consulates around the world to be able to resume routine visa services. The particular constraints vary based on local conditions and restrictions, but include local and national lockdowns; travel restrictions; host country quarantine regulations;...

April 07, 2021

Countdown to Sanchez v. Mayorkas Supreme Court Oral Argument

April 19, 2021 is the big day. Here is a link to all the briefs. Here is a link to "The Attack on TPS," by David Wilson and Kelsey Friberg, Dec. 31, 2020. And here is a link to "Their Lawsuit Prevented 400,000 Deportations. Now It’s Biden’s Call." by Marcela Valdes, appearing in the New York Times Magazine.

April 05, 2021

CA9 on Mexico, Domestic Violence: Rodriguez Tornes v. Garland

Rodriguez Tornes v. Garland "Petitioner Maria Luisa Rodriguez Tornes, a native and citizen of Mexico, testified to a lifetime of severe abuse from her mother, her estranged husband, and her partner for, in their eyes, being insufficiently subservient to men. An immigration judge (“IJ”) granted asylum, and alternatively granted withholding of removal and protection under the Convention Against Torture...

April 05, 2021

REVISED CASE FLOW PROCESSING BEFORE THE IMMIGRATION COURTS

EOIR, Apr. 2, 2021 "On November 30, 2020, EOIR issued Policy Memorandum (“PM”) 21-05, Enhanced Case Flow Processing in Removal Proceedings, implementing a new case flow processing model that generally applies to removal cases involving non-detained respondents with representation. As part of its continued commitment to ensuring efficient and fair adjudications and that each respondent with a claim to relief or...

April 02, 2021

New SEVIS Process for Cap-Gap Extensions

ICE, Mar. 29, 2021 "... SEVIS will automatically add the cap-gap extension to the record of an eligible F-1 student who is a beneficiary of a pending cap-subject H-1B petition. ..."

April 02, 2021

DOLETA Prevailing Wage RFI

Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 "The Department of Labor (Department) invites interested parties to provide information on the sources of data and methodologies for determining prevailing wage levels covering employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas...

April 01, 2021

DOJ Settles Three Immigration-Related Discrimination Claims (Mar. 31, 2021)

Justice Department Settles Immigration-Related Discrimination Claim Against Security Services Company Justice Department Settles with Moving and Storage Company to Resolve Immigration-Related Discrimination Claims Justice Department Settles Discrimination Claim Against Virginia Recruitment Firm

April 01, 2021

USCIS Confirms Elimination of “Blank Space” Criteria

USCIS, Apr. 1, 2021 "USCIS today confirmed that for all forms it has reverted to the form rejection criteria it applied before October 2019 regarding blank responses. In 2019, USCIS changed the form rejection criteria for: Form I-589, Application for Asylum and for Withholding of Removal ; Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and...

April 01, 2021

Free Webinar: Strategies for Maximizing CGRS Technical Assistance in Asylum Cases (Apr. 2, 2021)

Webinar: Strategies for Maximizing CGRS Technical Assistance in Asylum Cases   "The Center for Gender & Refugee Studies (CGRS) provides support to attorneys representing individuals in asylum, withholding of removal, and Convention Against Torture claims. This webinar focuses on how to effectively use resources available through CGRS’s Technical Assistance Program as a strategy in representation. CGRS has...

April 01, 2021

CA11 on Plain Meaning: Hylton v. Atty. Gen.

Hylton v. Atty. Gen. "This petition for review requires us to decide whether a denaturalized alien is removable as an aggravated felon based on convictions entered while he was an American citizen. The Board of Immigration Appeals ordered Matthew Hylton removed as an alien convicted of aggravated felonies after his admission to the United States. But unlike most aggravated felons facing removal, Hylton was a citizen...