White House, Sept. 30, 2024 "MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2025 By the authority vested in me as President by the...
BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping...
Texas v. Mayorkas "In September 2022, after a notice-and-comment period, the Biden administration promulgated a new Rule redefining the term ["public charge"]. In response, the State of...
White House, Sept. 30, 2024 "...I have now concluded that in order to better achieve Proclamation 10773’s goal of enhancing our ability to address historic levels of migration and more efficiently...
This document is scheduled to be published in the Federal Register on 10/01/2024 "This public notice provides information on how to apply for the DV-2026 Program and is issued pursuant to the Immigration...
Velasquez-Samayoa v. Garland
"Miguel Angel Velasquez-Samayoa seeks protection under the Convention Against Torture (“CAT”). Velasquez-Samayoa asserts that, if he were removed to his native country of El Salvador, he would be identified as a gang member and therefore would face a significant risk of being killed or tortured—either by Salvadoran officials or by members of a rival gang with the acquiescence of the Salvadoran government. The Board of Immigration Appeals (“BIA”) upheld a decision by an Immigration Judge (“IJ” and, collectively with the BIA, the “Agency”) concluding that neither potential source of torture poses a sufficient risk to entitle Velasquez-Samayoa to CAT relief. Velasquez-Samayoa argues before our court that the Agency failed to assess the aggregate risk that he will be tortured— considering all sources together. We agree. We grant the petition for review and remand to the Agency to reconsider Velasquez-Samayoa’s CAT claim, applying the correct legal standards."
Note Dkt. No. 48: "The motion for a stay of removal (Dkt. Nos. [1] & [6]) is GRANTED. Velasquez-Samayoa’s removal is stayed pending a decision by the Board of Immigration Appeals and/or Immigration Judge."
[Hats off to Jean Reisz (argued) and Niels Frenzen, University of Southern California, Gould School of Law, Immigration Clinic!]