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...
"Mahvash Alisha Akram came to this country in 2006. She hoped to join her recently remarried mother and become a lawful permanent resident. Her hopes were dashed when she ran headlong into a regulatory wall. She now argues that the regulation that thwarted her cannot stand. Because we find that the regulation at issue directly conflicts with the will of Congress, we agree with Akram and grant her petition for review. ... Akram appealed to the Board of Immigration Appeals (“BIA”). Like the IJ, the BIA concluded that Akram could not adjust status as Siddique’s “child” and that it lacked the authority to declare 8 C.F.R. § 245.1(i) unconstitutional or ultra vires. See In re Akram, 25 I. & N. Dec. 874, 880 (BIA 2012). The BIA also denied Akram’s motion to remand the case to allow her to adjust status as a relative of her mother, who by that time had become a lawful permanent resident. Id. at 882. The BIA reasoned that Akram could not adjust status through her mother because 8 C.F.R. § 245.1(i) barred Akram from adjusting status on any basis other by a relationship to Siddique. Akram, 25 I. & N. Dec. at 882. Akram now petitions for review, arguing, once again, that 8 C.F.R. § 245.1(i) is unconstitutional and contrary to the will of Congress. ... We ... conclude that 8 C.F.R. § 245.1(i)’s requirement that K-4s adjust status only by way of the sponsoring U.S. citizen is contrary to 8 U.S.C. § 1255(d) and 8 U.S.C. § 1101(a)(15)(K)(iii). ... [W]e leave it to the Attorney General to decide whether, and how, Akram will be able to adjust status. ... We GRANT Akram’s petition for review, REVERSE the decision of the BIA, and REMAND for proceedings consistent with this opinion." - Akram v. Holder, July 9, 2013.
[Hats way off to Yael D. Aufgang at Jones Day!]