EOIR is posting this ad for "many vacancies" in unspecified locations. Open & closing dates: 08/30/2024 to 09/13/2024 Salary: $156,924 - $204,000 per year
State Department, Aug. 27, 2024 - Annual Limit Reached in the EB-1 Category State Department, Aug. 29, 2024 - Annual Limit Reached in the EB-4 Category
David L. Cleveland, Aug. 29, 2024 "In response to a FOIA request and lawsuit by the Louise Trauma Center, USCIS released 70 pages of Ecuador country conditions, given to asylum officers. This article...
Dominguez Ojeda v. Garland "The only question before us is whether the IJ committed legal error by failing to exercise discretion and, instead, automatically refusing to consider Dominguez Ojeda’s...
OFLC, Aug. 28, 2024 " The Department of Labor’s Office of Foreign Labor Certification Announces Delay in Transition Schedule for Implementing the H-2A Application and Job Order Associated...
Persad v. Barr
"Dasrath D. Persad (“Persad”), a legal permanent resident, petitions for review of an agency order requiring his removal to Trinidad and Tobago. The agency’s decision rested on its determination that Persad’s 1992 military conviction for larceny constituted an “aggravated felony” within the meaning of 8 U.S.C. § 1101(a)(43)(G). To establish an aggravated felony under that statutory provision, the government must show by clear and convincing evidence that a noncitizen committed a “theft offense” that resulted in a term of imprisonment of “at least one year.” 8 U.S.C. § 1101(a)(43)(G). In his 1992 court‐martial, Persad pleaded guilty to four violations of the Uniform Code of Military Justice. See 10 U.S.C. §§ 801‐946. One of the violations was larceny of military property (a theft offense). See 10 U.S.C. § 921. Consistent with the military’s then‐ traditional practice of unitary sentencing (i.e., imposing a single sentence for all charges and specifications of which an accused is convicted), the military judge issued a general sentence that imposed as punishment for all four of Persad’s convictions a term of 30 months’ confinement, undifferentiated among the four violations to which he pleaded. The Immigration Judge and the Board of Immigration Appeals (“BIA”) determined that this sentence satisfied Section 1101(a)(43)(G). On petition for review, Persad argues that the unitary sentencing scheme employed by the military tribunal precludes the government from showing by clear and convincing evidence that the theft count, alone, resulted in a sentence of 12 or more months’ confinement. Resolving this question of first impression in our Circuit, we agree with Persad. We therefore GRANT Persad’s petition and REMAND the cause to the BIA for further proceedings consistent herewith."
[Hats off to Alexander J. Segal!]