DOS, Aug. 16, 2024 - "The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all legally available visas in the...
Adam Rosen writes: "I am excited to share a decision from DDC Judge AliKhan denying the government’s Motion to Dismiss a complaint challenging a 6C finding secretly made by DHS against my client...
W. John Yahya Vandenberg writes: "We just got this remand decision for a detained case in Houston (IJ McPhail), and thought it might be of interest to your readers. The Board clearly was not happy...
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...
Alcaraz-Enriquez v. Garland
"Despite its obligation under Saidane, the DHS made no effort—good faith or otherwise—to procure for Alcaraz’s cross-examination the witnesses whose testimony was embodied in the probation report and upon whose testimony the BIA ultimately relied in denying his appeal. See id. This failure impugned the probation report’s reliability and rendered the BIA’s procedure fundamentally unfair. ... Based on the BIA’s failure to require the DHS to make a good faith effort to present the author of the probation report or the declarant for Alcaraz’s cross-examination and the prejudice generated therefrom, we grant in part Alcaraz’s petition and remand for a hearing that comports with the requirements of § 1229a(b)(4)(B). ... On remand, cross-examination of the author of the probation report (or the declarant) could affect both the IJ’s credibility determination as to Alcaraz and the BIA’s decision to credit the probation report’s version of events over Alcaraz’s."
[Hats off again to Bob Jobe!]