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...
"Dennis Vitug, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ (“BIA”) order vacating an immigration judge’s (“IJ”) grant of withholding of removal and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252. The evidence compels the conclusion that Vitug will more likely than not be persecuted if he is removed to the Philippines. We therefore grant the petition in part,reversing the BIA’s denial of withholding of removal. ... We conclude that the BIA failed to apply the clear error standard of review to the IJ’s factual findings, and also abused its discretion by ignoring factual findings of the IJ. In similar situations, we typically remand so that the BIA may apply the correct standard of review and properly consider the IJ’s factual findings. See, e.g., Ridore, 696 F.3d at 922; Rodriguez, 683 F.3d at 1177; Brezilien v. Holder, 569 F.3d 403, 415 (9th Cir. 2009). However, we need not do so here because, as we explain below, substantial evidence does not support the BIA’s denial of withholding of removal." - Vitug v. Holdeer, July 24, 2013.
[Hats off to (pro bono?) counsel, Joanna S. McCallum (argued) and Brad W. Seiling of Manatt, Phelps & Phillips, LLP.]