USCIS, Aug. 29, 2024 "Effective Aug. 28, DHS is establishing a new C40 category on Form I-766, Employment Authorization Document (EAD). The C40 category is for individuals with a pending Form I...
Matter of R-T-P- "[W]e conclude that written amendments made by an Immigration Judge, upon the motion of DHS, to the time and place of the hearing on the notice to appear may satisfy the requirements...
USA v. Gomez "We have previously held that California Penal Code § 245(a)(1) constitutes a crime of violence, but our decisions are clearly irreconcilable with the Supreme Court’s ruling...
State Department, Sept. 5, 2024 "Starting on September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a...
Prof. Mary Yanik , Sept. 4, 2024: "I write to share the exciting news that today our co-author team (Tulane, NIPNLG, NILC, Organized Power in Numbers, & Arriba Las Vegas Worker Center) have released...
"In the absence of a clear indication by Congress to the contrary, we find that section 1182(d)(14) and section 1182(d)(3)(A) waivers can and do coexist, and that the IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under section 1182(d)(3)(A)." - L.D.G. v. Holder, Mar. 12, 2014.
[Hats way off to Chuck Roth! Chuck writes: "Many thanks to Gail Pendleton and to Ilyce Shugall, who led an amicus effort! (And congrats to the pro bono team, led by Megan Thibert-Ind, from McDermott, Will, and Emory which represented LDG together with NIJC). In a nutshell, the Court of Appeals held that 212(d)(3) waiver authority now exists at both DOJ (EOIR) and DHS (USCIS); whereas 212(d)(14) waiver authority is only at DHS. It does create a bit of an issue - if the IJ grants the waiver one presumably has to go back to USCIS to get them to exercise discretion to grant or deny the U Visa itself – but that’s better than no appeal at all! And hopefully, in cases where an IJ grants the waiver, VSC will come around…"]