DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Peh v. Garland
"The Board’s decision in this case is not clear about how it understood the “realistic probability” requirement. The decision said that Peh had “not established a realistic probability that Iowa would successfully prosecute a violation of Iowa Code § 710.10(3) involving any of the ‘illegal acts’ he cites to in his brief.” The Board could mean only that the State would not “successfully prosecute” enticement with intent to commit disorderly conduct or harassment because the text of the statute would not encompass that conduct. If so, then we disagree for the reasons discussed, and the Board should determine on remand whether § 710.10(3), so understood, constitutes a crime of child abuse. Alternatively, the Board could mean that the State would not successfully prosecute enticement with intent to commit disorderly conduct or harassment, because there is no showing that those hypothetical scenarios have ever occurred or that the State actually prosecutes the offense in those situations. We decline to review the latter rationale at this stage, however, because the conclusion is not clear on the face of the Board’s decision (it would involve an awkward use of the word “successfully”), and the government expressly disavows that approach in its brief on appeal. Resp’t Br. 17-18. The Board may clarify its reasoning on remand as warranted. For these reasons, the petition for review is granted, the Board’s decision of February 24, 2020, is vacated, and the case is remanded for further proceedings."
[Hats off to Benjamin Bergmann and Al Smith!]