DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Azumah v. USCIS - Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Thacker joined. Judge Richardson wrote a separate opinion concurring in part and concurring in...
Lauture v. Garland
"The Board of Immigration Appeals, affirming the decision of an immigration judge, ruled that Emmanuel Lauture was removeable from the United States because his Florida conviction for burglary of an unoccupied dwelling, see Fla. Stat. § 810.02(3)(b), constituted a “crime involving moral turpitude” (a CIMT). Mr. Lauture now petitions for review of the BIA’s decision. Following oral argument and a review of the record, we grant Mr. Lauture’s petition, vacate the BIA’s judgment, and remand for further proceedings. Florida has applied § 810.02(3)(b) to a dwelling which was not occupied prior to or after the entry, see State v. Bennett, 565 So. 2d 803, 805 (Fla. 2d DCA 1990), and that application impacts whether a violation of § 810.02(3)(b) is a CIMT. See Gonzales v. Duenas-Alvarez, 549 U.S. 183, 193 (2007) (the question is whether there is “a realistic probability, not a theoretical possibility, that the State would apply its statute to conduct that falls outside the generic definition” of a “listed crime in a federal statute”). Neither the IJ nor the BIA, however, addressed Mr. Lauture’s argument about the impact of Bennett. The BIA must do so on remand."
[Hats off to appointed counsel Ryan Hedstrom and John Schifino!]