DHS, June 28, 2024 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Haiti for Temporary Protected Status for 18 months, from Aug. 4, 2024...
Loper Bright Enterprises v. Raimondo What will it mean for immigration litigation? Superlitigator Brian Green says, "The overruling of Chevron opens the door to U.S. federal judges scrutinizing...
OFLC, June 26, 2024 "On November 15, 2021, the Employment and Training Administration issued a Federal Register notice (FRN) informing the public that the Office of Foreign Labor Certification ...
Cyrus D. Mehta and Kaitlyn Box, June 25, 2024 "On June 18, 2024, the Biden administration announced two new immigration initiatives aimed at keeping families together. The first is a “parole...
Alfaro Manzano v. Garland "Petitioner Gerson Eduardo Alfaro Manzano, a native and citizen of El Salvador, preached to the youth of his hometown to convince them to embrace religion instead of joining...
Singh v. Garland
"Singh argues the BIA committed legal error in denying his motion to reopen because it failed to cite or apply the prejudice standard from Matter of Lozada and its progeny—i.e., that the alien “show a reasonable likelihood that the outcome would have been different,” Molina, 763 F.3d at 1263 (internal quotation marks omitted)— and instead applied an elevated standard of prejudice from Matter of F-S-N-, 28 I. & N. Dec. 1, 3 (B.I.A. 2020)—i.e., that the alien “overcome” a prior adverse credibility determination. We agree. ... The BIA applied an incorrect legal standard in deciding whether Singh had been prejudiced by his attorney’s alleged ineffective assistance because it required him to “overcome” the adverse credibility determination to show prejudice. The BIA therefore abused its discretion in denying Singh’s motion to reopen. See Qiu, 870 F.3d at 1202 (“[C]ommitting a legal error . . . is necessarily an abuse of discretion.” (internal quotation marks omitted)). On remand, the BIA should consider whether there is “a reasonable likelihood that the outcome would have been different but for counsel’s deficient performance.” Mena-Flores, 776 F.3d at 1169 (internal quotation marks omitted)."
[Hats off to Jessica K. Miles of El Paso!]