March 31, 2021

NJ Sup. Ct. on Pretrial Release, ICE Holds: State v. Molchor, Rios, Lopez-Carrera

State v. Molchor, Rios, Lopez-Carrerra "Here, the question before the Court affects a relatively small number of cases. All of them involve individuals who would not otherwise be detained as high-risk defendants. In other words, the cases involve people whose own behavior and history do not present a serious risk of non-appearance, danger, or obstruction. Individuals would be detained solely because of their immigration...

March 30, 2021

AmCon Frankfurt on NIEs (Mar. 8, 2021)

AmCon Frankfurt, Mar. 8, 2021 "On behalf of the U.S. Mission to Germany, we would like to alert German businesses to changes to the National Interest Exception (NIE) policy for travelers to the United States. The changes are significant and will impact business travelers in Germany. In particular, we expect that fewer individuals will be able to travel to the United States from the Schengen zone, and some travelers...

March 30, 2021

New CA9 Opinion in Silva v. Garland (CIMT)

Silva v. Garland "The opinion and concurring opinion filed July 10, 2020, and appearing at 965 F.3d 724 (9th Cir. 2020), are withdrawn. They may not be cited by or to this court or any district court of the Ninth Circuit. A new opinion is filed simultaneously with the filing of this order, along with a concurring opinion. The petition for rehearing en banc is denied as moot. The parties may file petitions for rehearing...

March 30, 2021

USCIS H-1B Update (Mar. 30, 2021)

USCIS, Mar. 30, 2021 "USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly submitted to reach the cap. We have notified all prospective petitioners with selected registrations that they are...

March 29, 2021

BIA on Categorical Approach, CIMT, Conspiracy: Matter of Al Sabsabi

Matter of Al Sabsabi, 28 I&N Dec. 269 (BIA 2021) (1) The “offense clause” of the Federal conspiracy statute, 18 U.S.C. § 371 (2012), is divisible and the underlying substantive crime is an element of the offense. (2) Because the substantive offense underlying the respondent’s Federal conspiracy conviction—namely, selling counterfeit currency in violation of 18 U.S.C. § 473 (2012)—is a crime involving moral turpitude...

March 29, 2021

New EOIR Form EOIR-59, Certification and Release of Records

EOIR, Mar. 26, 2021 "The Executive Office for Immigration Review (EOIR) today announced the release of Form EOIR-59, Certification and Release of Records. The form enables current and former respondents who have or had business before EOIR to request or authorize the disclosure of their information, including information retained in case files or a Record of Proceeding, to themselves, an attorney, accredited representative...

March 29, 2021

DOS Update on Public Charge (Mar. 26, 2021)

DOS, Mar. 26, 2021 "On July 29, 2020, the United States District Court for the Southern District of New York enjoined the Department of State from “enforcing, applying, implementing, or treating as effective” the Department’s October 2019 interim final rule and accompanying Foreign Affairs Manual guidance related to the public charge ground of visa ineligibility.  The Department has updated its guidance to consular...

March 26, 2021

USCIS Guidance Relating to P-1A Internationally Recognized Athletes

USCIS, Mar. 26, 2021 "The P-1A nonimmigrant visa classification is available, in part, to a person who performs, individually or as part of a team, as an athlete at an “internationally recognized level of performance.” This update provides more detailed guidance regarding the required prospective level of performance. In addition, the update provides USCIS’ interpretation of the undefined regulatory phrase “major...

March 25, 2021

EOIR Policy Manual Now Interactive

EOIR, Mar. 18, 2021 "The Executive Office for Immigration Review (EOIR) is pleased to present its first comprehensive interactive Policy Manual. The Policy Manual highlights the processes involved in the agency’s mission to adjudicate immigration cases by fairly, expeditiously, and uniformly interpreting and administering the Nation’s immigration laws. Under delegated authority from the Attorney General, EOIR conducts...

March 25, 2021

A Batch of Practice Advisories

- Practice Pointer Temporary Protected Status: Navigating Removal Proceedings, Dual Nationality, and Asylum  (CLINIC, Mar. 24, 2021) - Advocating for Clients under the Biden Administration’s Interim Enforcement Priorities  (ILRC, Mar. 23, 2021) - CGRS Technical Assistance FAQ (CGRS, Mar. 2021) - Practice Advisory for Criminal Defense Attorneys: The Biden Administration’s Interim Enforcement Priorities  (IDP, Mar...

March 25, 2021

Midwife Border Birth Citizenship Victory: Espinoza v. Pompeo

Espinoza v. Pompeo "Plaintiff Roberto J. Espinoza (“Plaintiff”) brings this suit based on the U.S. Department of State’s denial of his application for a U.S. passport. After careful consideration, the Court finds that judgment should be entered in favor of Plaintiff and issues its findings of fact and conclusions of law pursuant to Rule 52(a). ... [D]espite the contemporaneous foreign birth certificate and the...

March 24, 2021

USCIS Extends Flexibility for Responding to Agency Requests

USCIS, Mar. 24, 2021 "In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain: Requests for Evidence; Continuations to Request Evidence (N-14); Notices of Intent to Deny; Notices of Intent to Revoke; Notices of Intent to Rescind;...

March 24, 2021

CA9 on Asylum, El Salvador, Social Group: Acevedo Granados v. Garland

Acevedo Granados v. Garland "Petitioner Wilber Agustin Acevedo Granados (“Acevedo”), a native of El Salvador, petitions for review of the decision by the Board of Immigration Appeals (“BIA”) affirming an order of removal and the denial by the Immigration Judge (“IJ”) of Acevedo’s application for asylum, withholding of removal, and relief under the Convention Against Torture...

March 23, 2021

The Law Does Not Compel the Impossible– Or Does It?: Matter of C-C- and Awuku-Asare v. Garland

David Isaacson, Mar. 22, 2021 "“ Lex non cogit ad impossibilia .” In English, as translated by the Court of Appeals for the Eleventh Circuit , that means: “The law does not compel the doing of impossibilities.” In 1948, citing this principle, the Board of Immigration Appeals (BIA) held that a nonimmigrant seaman could not be deported for having failed to leave the United States timely when...

March 22, 2021

ICE Agrees Not to Remove, Deny Requests for Stay of Removal, or Oppose Continuances for U Visa Petitioners for 90 Days

ASISTA, Sanctuary for Families, Mar. 22, 2021 "On February 13, 2020, ASISTA and Sanctuary for Families filed a lawsuit against ICE challenging former Acting Director Matthew Albence’s authority to eliminate the prima facie determination process for U visa petitioners. See ASISTA v. Albence, No. 3:20-cv-00206-JAM (D. Conn.). On March 18, 2021, Judge Jeffrey A. Meyer granted the parties’ joint motion to stay the...

March 22, 2021

CA8 on Aggravated Felony: Lopez-Chavez v. Garland

Lopez-Chavez v. Garland "In May 2017, an Immigration Judge (IJ) determined that Lopez-Chavez is ineligible for cancellation of removal because his 2006 federal conviction for illegal reentry in violation of 8 U.S.C. § 1326 qualifies as an aggravated felony. The Board of Immigration Appeals (BIA) affirmed the IJ’s ruling and dismissed Lopez-Chavez’s administrative appeal the following year. The question now before...

March 22, 2021

CA5 on Categorical Approach: Alejos-Perez v. Garland

Alejos-Perez v. Garland "[T]o decide whether his 2018 conviction renders him removable, we need to determine whether we can parse MMB-Fubinaca from those other drugs; we decide that by determining whether Penalty Group 2-A is divisible. The government says it’s divisible, Alejos-Perez says not. ... Because the government has not shown that the modified categorical approach is called for, we apply the categorical...

March 20, 2021

Caselaw Chart: Assault-Related CIMTs

CLINIC, Tanika Vigil, March 2021 "This chart provides a summary of BIA and circuit court case law regarding the crime involving moral turpitude (CIMT) analysis for assault-related offenses. The purpose of this chart is to provide practitioners and advocates with a more thorough context for the state of the law together with reference points for analogizing to assault statutes that have not yet been evaluated by...

March 20, 2021

CA5 on Honduras, Gangs, Persecution: Morales Lopez v. Garland

orales Lopez v. Garland (unpub.) "[W]e agree with her overarching point: the IJ and the BIA improperly determined that Morales Lopez did not make a sufficient showing of past persecution and a well-founded fear of future persecution. ... Morales Lopez argues that the IJ did not consider all relevant incidents of harm. We agree. ... [T]he IJ erred by failing to meaningfully consider all the relevant substantial...

March 19, 2021

Advance Copy: Security Bars and Processing; Delay of Effective Date

This document is scheduled to be published in the Federal Register on 03/22/2021 "Interim final rule with request for comments. SUMMARY: On December 23, 2020, the Department of Homeland Security (“DHS”) and the Department of Justice (“DOJ”) (collectively, “the Departments”) published a final rule (“Security Bars rule”) to clarify that the “danger to the security of the United States” standard in the statutory bar...

March 19, 2021

Advance Copy: Asylum Interview Interpreter Requirement Modification Due to COVID-19

This document is scheduled to be published in the Federal Register on 03/22/2021 "The Department of Homeland Security (DHS) is extending the effective date (for 180 days) of its temporary final rule which modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID-19 pandemic. DATES: This final rule is effective [INSERT DATE OF PUBLICATION...

March 19, 2021

DHS Withdraws ‘Affidavit of Support’ Proposed Rule

USCIS, Mar. 19, 2021 "The Department of Homeland Security (DHS) today announced the  withdrawal  of the affidavit of support proposed rule, consistent with DHS’s commitment to reduce barriers within the legal immigration system that placed increased burdens on American families wishing to sponsor individuals immigrating to the U.S. The Oct. 2, 2020,  proposed rule  would have changed the evidentiary requirements...

March 18, 2021

USCIS Policy Alert: SIJ Classification and Saravia v. Barr Settlement (Mar. 18, 2021)

USCIS, Mar. 18, 2021 "U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual regarding the special immigrant juvenile (SIJ) classification to incorporate changes agreed to in the settlement agreement resulting from the Saravia v. Barr class action lawsuit. ... USCIS determines whether an SIJ petitioner meets the requirements for SIJ classification. As part of this determination, USCIS...

March 18, 2021

DOLETA Pushes Wage Rule to Nov. 14, 2022

This document is scheduled to be published in the Federal Register on 03/22/2021 "On March 12, 2021, the Department of Labor (Department or DOL) published a final rule delaying the effective date of the rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (the rule or Final Rule), published in the Federal Register on January 14, 2021, from...

March 18, 2021

Mexico/Canada/US Border Restrictions Extended Through Apr. 21, 2021

" This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border. Such travel will be limited to “essential travel,” as further defined in this document. DATES: These restrictions go into effect at 12 a.m. Eastern Daylight Time...