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...
NILA, May 16, 2023
"On May 11, 2023, the Supreme Court, in Santos-Zacaria v. Garland, 598 U. S. _, _ S. Ct. _, [2023 U.S. LEXIS 1891], 2023 WL 3356525 (2023), addressed 8 U.S.C. § 1252(d), the statutory exhaustion provision governing immigration petitions for review of removal orders. This advisory first explains what statutory exhaustion under § 1252(d) is and how it is distinct from issue exhaustion before the Board of Immigration Appeals (BIA), a form of exhaustion not addressed in Santos-Zacaria. Next, the advisory explains the Court’s two holdings: first, that § 1252(d) is a non-jurisdictional, claim-processing rule subject to waiver and forfeiture; and second, that noncitizens are not required to file motions to reconsider (or motions to reopen) of removal orders to satisfy § 1252(d)(1). The advisory also includes practical suggestions regarding application of the decision and its impact on prior exhaustion case law."