Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua...
Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”...
CGRS, Oct. 1, 2024 "Last night, a federal judge ruled in a case challenging the Biden administration’s policy of turning back asylum seekers who approach ports of entry along the southern...
Northwest Immigrant Rights Project and National Immigration Litigation Alliance, Oct. 2, 2024 " FREE WEBINAR Today, Oct. 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific On September 26, a U...
USCIS, Oct. 2, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to further clarify the types of evidence that we may evaluate to determine eligibility...
Gomez v. Lynch, Aug. 5, 2016 - "After representing throughout the litigation that there was no record of Gomez’s purported 1993 admission (and asserting at oral argument that records from the relevant time period did not exist at all), the government reversed course. Now, it informs us, by letter, that it has located records confirming that Gomez was in fact processed normally through a Houston immigration checkpoint in 1993. We granted the motion to vacate and accepted supplemental briefing on the proper interpretation and application of Section 245a.2(u)(4). In its supplemental brief, the government explicitly concedes that Gomez was admitted in 1993. The only basis on which it defends the BIA’s order is that the regulation renders that admission legally ineffective. Thus, the question is whether the regulation’s language stating that Gomez returned “to the unlawful status held prior to” his adjustment to temporary resident status undoes Gomez’s 1993 admission. ... In summary, the language in 8 C.F.R. § 245a.2(u)(4) that provides for an alien to return to a previous unlawful status does not also undo a factual admission that occurred during the time when he was in lawful status. That is because his unlawful status does not encompass his lack of admission. Upon expiration of his temporary resident status, Gomez returned to his previous unlawful status (that is, he lost his permission to be present in the United States). But that does not change the historical fact that he had been admitted. Because Gomez was admitted, and the regulation does not undo that admission, the petition for review is GRANTED, and this matter is REMANDED for proceedings as needed. We express no view on what actions the BIA should take on remand." [Hats way off to Raed Gonzalez! And, appellate litigation geeks, note the lengthy discussion of deference: Chevron, Auer and Skidmore.]