USCIS, Sept. 18, 2024 "Effective Sept. 10, 2024, U.S. Citizenship and Immigration Services automatically extended the validity of Permanent Resident Cards (also known as Green Cards) to 36 months...
Singh v. Garland "Petitioner Varinder Singh, a native and citizen of India, seeks rescission of a removal order entered in absentia. We previously granted Singh’s petition because the government...
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...
Castellanos-Ventura v. Garland "Petitioner Bessy Orbelina Castellanos-Ventura, a native and citizen of Honduras, seeks review of an April 19, 2021 decision of the Board of Immigration Appeals (BIA...
EOIR PM 24-01 "This Policy Memorandum provides updated standards to Executive Office for Immigration Review (EOIR) adjudicators and personnel regarding the receipt of Notices to Appear (NTAs) filed...
"This case requires us to apply a 1952 statute to circumstances far removed from those that the enacting Congress imagined. Gary Anderson, born in England to an American serviceman father and an English mother, is a citizen of the United States if and only if his “paternity . . . [was] established while [he was] under the age of twenty-one years by legitimation.” 8 U.S.C. § 1409(a) (1952) (“Former § 1409(a)”). When Congress enacted this law, it believed that “[a]s a general proposition, legitimation is accomplished by the marriage of the parents with acknowledgment of paternity by the putative father.” S. Rep. No. 81-1515, at 692-93 (1950). The law of Arizona—one of the states in which Anderson resided before the age of twenty-one—lacked any such requirement, however. Instead, it provided that “[e]very child is . . . the legitimate child of its natural parents.” 1975 Ariz. Sess. Laws ch. 117, § 2 (codified at Ariz. Rev. Stat. § 8-601). The question we face is how to reconcile the language of Former § 1409(a) with a state statutory scheme in which it makes little sense. ...[W]e hold that Anderson is a citizen of the United States and remand to the agency to vacate the removal order." - Anderson v. Holder, Mar. 12, 2012.
[Hats way off to pro bono heroes, Cynthia Joy Larsen and Stacy E. Don of Orrick, Herrington & Sutcliffe, LLP!]