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...
Nolasco-Amaya v. Garland
"Petitioner Belkis Nolasco-Amaya, a native and citizen of Honduras, sought withholding of removal and protection under the Convention Against Torture (“CAT”). An immigration judge (“IJ”) denied her requested relief. Petitioner filed a Notice of Appeal to the Board of Immigration Appeals (“BIA”) without the assistance of counsel. The BIA summarily dismissed her appeal pursuant to 8 C.F.R. § 1003.1(d)(2)(i)(A) and (E). Petitioner challenges that summary dismissal, arguing that it violated her right to due process. We have jurisdiction under 8 U.S.C. § 1252. Petitioner’s Notice of Appeal was sufficiently specific to inform the BIA of the issues challenged on appeal, given her status as a pro se litigant. Accordingly, the BIA violated Petitioner’s right to due process by summarily dismissing her appeal. We grant the petition and remand for the BIA to consider the merits of Petitioner’s appeal."
[Hats off to Luis Cortes Romero!]