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...
OFLC, Aug. 15, 2024 "The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the third quarter of fiscal year 2024) drawn from employer...
Bent v. Garland (2-1) "This is a rare case: both the government and Petitioner Claude Bent seek remand so that the Board of Immigration Appeals (“BIA”) can reassess its decision denying...
NJIC, Aug. 12, 2024 "A federal court in the Southern District of Indiana has ruled for the second time that individuals who suffered flooded cells and poor sanitation at the Clay County Jail can...
AIJustice.org "Americans for Immigrant Justice (AI Justice – formerly FIAC), a not-for-profit law firm founded in 1996 to protect and promote the basic human rights of immigrants, has a multicultural...
Suate-Orellana v. Garland
"Although the IJ and BIA addressed her argument that her NTA was deficient on the merits, the legal landscape has changed significantly since the BIA’s decision dismissing her appeal. See, e.g., Niz-Chavez v. Garland, 593 U.S. 155, 171–72 (2021); United States v. Bastide-Hernandez, 39 F.4th 1187, 1193 n.9 (9th Cir. 2022), cert. denied, 143 S. Ct. 755 (2023); Matter of Fernandes, 28 I. & N. Dec. 605, 616 (B.I.A. 2022). We therefore grant and remand Suate-Orellana’s petition so that the BIA may reconsider the merits of her claim in light of these intervening authorities. ... We therefore remand the case to the BIA to reconsider the merits of Suate-Orellana’s claim that her NTA was statutorily deficient in light of Niz-Chavez, 593 U.S. at 171–72, Bastide-Hernandez, 39 F.4th at 1193 n.9, and Matter of Fernandes, 28 I. & N. Dec. at 616. PETITION GRANTED AND REMANDED."
[This PFR was filed in 2019! Hats way off to Jessica Rofé, Naomi Sunshine, Kristin Macleod-Ball and Trina Realmuto! Audio of oral argument here; video here.]