DHS, June 28, 2024 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Haiti for Temporary Protected Status for 18 months, from Aug. 4, 2024...
Loper Bright Enterprises v. Raimondo What will it mean for immigration litigation? Superlitigator Brian Green says, "The overruling of Chevron opens the door to U.S. federal judges scrutinizing...
OFLC, June 26, 2024 "On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification ...
Cyrus D. Mehta and Kaitlyn Box, June 25, 2024 "On June 18, 2024, the Biden administration announced two new immigration initiatives aimed at keeping families together. The first is a “parole...
Alfaro Manzano v. Garland "Petitioner Gerson Eduardo Alfaro Manzano, a native and citizen of El Salvador, preached to the youth of his hometown to convince them to embrace religion instead of joining...
Matter of J-G-R-
(1) Torturous conduct committed by a public official who is “acting in an official capacity,” meaning acting under color of law, is covered by the regulations implementing the Convention Against Torture, but such conduct by an official who is not acting in an official capacity is not covered. Matter of O-F-A-S-, 28 I&N Dec. 35 (A.G. 2020), followed.
(2) The key consideration in determining if an official’s torturous conduct was undertaken “in an official capacity” for purposes of CAT eligibility is whether the official was able to engage in the conduct because of his or her government position, or whether the official could have done so without connection to the government.
"We will remand the record to the Immigration Judge to determine if the respondent is credible, consistent with the First Circuit’s remand order [Reyes v. Garland, 37 F.4th 1 (1st Cir. 2022)]."
[Hats off to Ethan Horowitz!]