USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
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
Inestroza-Antonelli v. Barr
"Marisela Inestroza-Antonelli, a native Honduran citizen, filed a motion to reopen her removal proceedings on the basis of changed country conditions in Honduras. She relied in part on the alleged dismantling of institutional protections for women against gender-based violence following a 2009 military coup. Without addressing the coup, the BIA found that any change in gender-based violence was incremental or incidental and not material. Because this conclusion is not supported by the record, we grant the petition and remand. ... “While the BIA need not “write an exegesis on every contention,” as the dissent points out, it must “consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.” Efe v. Ashcroft, 293 F.3d 899, 908 (5th Cir. 2002) (quoting Becerra-Jimenez v. INS, 829 F.2d 996, 1000 (10th Cir. 1987)). The BIA’s complete failure to address uncontroverted evidence of a clearly significant turning point in the country’s history and the central role that it played in Inestroza-Antonelli’s arguments regarding changes in country conditions does not meet this standard, and it was thus an abuse of its discretion. Cf. Rivera-Gomez v. Holder, 584 F. App’x 729, 730 (9th Cir. 2014) (unpublished) (holding in a similar case that the BIA’s complete failure to address “the highly significant 2009 military coup” was an abuse of discretion). We therefore grant Inestroza-Antonelli’s petition."
[Hats way off to John Edward Wilshire and Nancy Jean Kelly, Harvard Immigration & Refugee Clinic at Greater Boston Legal Services, and Maggie Jean Morgan, GBLS!]