USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire...
NILA, Sept. 25, 2024 "Increasingly, U.S. Citizenship and Immigration Services (USCIS) and other immigration agencies are challenging venue in U.S. district court lawsuits brought by noncitizens...
This document is scheduled to be published in the Federal Register on 09/26/2024 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
Mazariegos-Rodas v. Garland "Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners...
Cyrus Mehta, Sept. 23, 2024 "When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc . as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized...
US v. Dohou
"We hold that a removal order that was never in fact reviewed by an Article III judge remains subject to collateral attack in a hindering-removal prosecution based on that order. The Immigration and Nationality Act authorizes such collateral attacks so long as the original removal order was not “judicially decided.” 8 U.S.C. §1252(b)(7)(A). It is not enough that Dohou could have petitioned for judicial review of that order; he did not. So the order of removal was not “judicially decided.” And §1252(a)(2)(C), a provision that sometimes strips jurisdiction over direct review of removal orders, does not apply to collateral attacks. So we will vacate the District Court’s finding that it lacked jurisdiction. On the merits, Dohou’s ineffective-assistance claim requires factfinding. The District Court must also decide whether a statutory- or prudential-exhaustion doctrine bars relief. So we will also remand."
[Hats off to Quin M. Sorenson, Office of Federal Public Defender,Harrisburg, PA!]