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...
Posos-Sanchez v. Garland
"Noncitizens factually admitted to the United States at a U.S. port of entry while they hold temporary resident status under § 1255a(a) do not magically become unadmitted once their temporary resident status ends. ... That leaves the question of whether the agency correctly denied Posos’s application for voluntary departure because he had not been physically present in the United States for at least one year before DHS served him with the NTA in this case. See 8 U.S.C. § 1229c(b)(1)(A). Unlike the agency, we have the benefit of the Supreme Court’s decisions in Pereira and Niz-Chavez, and, given those rulings, we grant Posos’s petition on this front and return the case to the agency to reexamine his application for voluntary departure."
[Hats off to Michael J. Selph!]