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...
Innova Solutions v. Baran
"Innova Solutions, Inc. (Innova), a technology company that provides services including cloud storage and data analytics, appeals from the district court’s denial of its challenge to the U.S. Citizenship and Immigration Services’ (USCIS) refusal to issue an H-1B temporary worker visa. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand. ... There is no “rational connection” between the only source USCIS cited, which indicated most computer programmers have a bachelor’s degree and that a bachelor’s degree is typically needed, and USCIS’s decision that a bachelor’s degree is not normally required. ... USCIS’s suggestion that there is “space” (which we understand to connote a difference in meaning) between these words is “so implausible that it could not be ascribed to a difference in view or the product of agency expertise.” ... While it is theoretically possible that there is “space” between normally, most, and typically, that space is at best molecular, and nowhere near big enough for the doublespeak freight train that USCIS tries to drive through it."
[Hats way off to David A. Wulkan (argued), Jonathan R. Sturman, David M. Sturman, Mary Kenney (argued) and Leslie K. Dellon!]