September 19, 2024

CA5 on AggFel, Due Process: Lopez Orellana v. Garland

Lopez Orellana v. Garland "The question presented here is whether the Louisiana accessory-after-the-fact statute, LA.REV. STAT. § 14:25, is a categorical match for the generic federal offense of obstruction of justice and is therefore an aggravated felony under 8 U.S.C. § 1101(a)(43)(S) permitting expedited removal of a noncitizen. Because the generic federal offense requires specific intent, and the...

September 18, 2024

USCIS Extends Green Card Validity Extension to 36 Months for Green Card Renewals

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 for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.  Lawful permanent residents who properly file Form I-90 to renew an expiring or expired Green Card may receive this...

September 17, 2024

CA9 on In Absentia Orders: Singh v. Garland

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 did not provide Singh with a Notice to Appear (NTA) setting forth the time and date of removal proceedings in compliance with 8 U.S.C. § 1229(a)(1), but the Supreme Court rejected our interpretation of this statutory...

September 17, 2024

September 2024 PERM Tip #2: Correcting a 9089 After Filing

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 the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. According to the “no modification rule” (20 CFR § 656.11(b)) that has been in effect since 2007, it...

September 13, 2024

CA2 on Unable or Unwilling to Control: Castellanos-Ventura v. Garland

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) affirming a February 26, 2019 decision of an Immigration Judge (IJ) denying her application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). In re Bessy Orbelina Castellanos...

September 13, 2024

UPDATED GUIDANCE FOR RECEIPT OF NOTICES TO APPEAR FILED BY THE DEPARTMENT OF HOMELAND SECURITY

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 by the Department of Homeland Security (DHS). This Policy Memorandum supersedes and rescinds Policy Memorandum 19-08, Acceptance of Notices to Appear and Use of the Interactive Scheduling System."

September 12, 2024

BIA Hands "Whiteout" to IJs

Jeremy McKinney, AILA Think Immigration Blog, Sept. 12, 2024 "... Last week, the Board of Immigration Appeals (BIA), in Matter of R-T-P- , handed immigration judges the authority to “fix” these defective NTAs instead of requiring DHS to do their job correctly. According to the BIA’s decision, immigration judges—employees of the Department of Justice—can personally remedy a DHS violation...

September 11, 2024

H-2A News from OFLC, Sept. 10, 2024

OFLC, Sept. 10, 2024 " The Department of Labor’s Office of Foreign Labor Certification Announces Revised Transition Schedule and Technical Guidance for Implementing H-2A Job Orders and Applications Associated with the 2024 Farmworker Protection Final Rule; Compliance with District Court Order On August 26, 2024, the United States District Court for the Southern District of Georgia issued a preliminary injunction...

September 11, 2024

Visa Bulletin for October 2024

Visa Bulletin for October 2024 Notes D & E: D. SCHEDULED EXPIRATION OF THE EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR) CATEGORY H.R. 2882, signed on March 23, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until September 30, 2024. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight September 29, 2024. Visas...

September 10, 2024

Letter to ICE: Release the Winners

Sept. 10, 2024 "Dear Secretary Mayorkas, Director Lechleitner, and Executive Associate Director Bible: We, the undersigned immigrant and civil rights organizations, legal services organizations, and law firms write to highlight our concerns with U.S. Immigration and Customs Enforcement’s (“ICE”) practice of continuing to detain noncitizens after they win fear-based relief in their removal proceedings...

September 10, 2024

Annual Limit Reached in the EB-2 Category

State Department, Sept. 9, 2024 "The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all available visas in the Employment-Based Second Preference (EB-2) category for fiscal year (FY) 2024. Maximizing these visas facilitates legitimate travel for individuals with exceptional ability and professionals holding advanced degrees...

September 09, 2024

Cameroon Asylum Materials

David L. Cleveland and the Louise Trauma Center provide documentation to assist attorneys in preparing asylum cases for clients from Cameroon here and here .

September 09, 2024

237(a)(1)(H) Waiver After Denial of Naturalization Application?

Cyrus D. Mehta, Sept. 9, 2024 "At the naturalization interview the noncitizen applicant could face a rude shock if the examiner reveals that they made a misrepresentation in a long forgotten application for an immigration benefit filed in the distant past. For example, the applicant could have been misled by an unauthorized practitioner when she first came to the US three decades back in filing a fabricated asylum...

September 06, 2024

New Employment Authorization Document (EAD) Category for T Nonimmigrant Applicants

USCIS, Aug. 29, 2024 "Effective Aug. 28, DHS is establishing a new C40 category on Form I-766, Employment Authorization Document (EAD). The C40 category is for individuals with a pending Form I-914, Application for T Nonimmigrant Status, whose application is determined to be bona fide and meets the prima facie standard, and who apply and are approved for employment authorization. T nonimmigrant status is for certain...

September 06, 2024

IJ May Amend Noncompliant NTA: Matter of R-T-P-

Matter of R-T-P- "[W]e conclude that written amendments made by an Immigration Judge, upon the motion of DHS, to the time and place of the hearing on the notice to appear may satisfy the requirements for a proper remedy to a noncompliant notice to appear."

September 06, 2024

CA9 on Categorical Approach, Crime of Violence: USA v. Gomez

USA v. Gomez "We have previously held that California Penal Code § 245(a)(1) constitutes a crime of violence, but our decisions are clearly irreconcilable with the Supreme Court’s ruling in Borden v. United States, 593 U.S. 420 (2021). In light of Borden, we hold that convictions under California Penal Code § 245(a)(1) do not qualify as crimes of violence... ."

September 05, 2024

Announcement of the Creation of a Lightering Visa Classification

State Department, Sept. 5, 2024 "Starting on September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a vessel engaged in foreign trade and undertaking lightering activities for a period not to exceed 180 days. Lightering is the ship-to-ship transfer of liquid cargo. The new visa classification permitting transit to join...

September 05, 2024

UPDATED Practice Manual on Labor-Based Deferred Action

Prof. Mary Yanik , Sept. 4, 2024: "I write to share the exciting news that today our co-author team (Tulane, NIPNLG, NILC, Organized Power in Numbers, & Arriba Las Vegas Worker Center) have released an updated version of the immigration practice manual on Labor-Based Deferred Action (also known as DALE). This update shares lessons learned from this practice over the past one and a half years (lots of good news...

September 05, 2024

Proposed Class Action Settlement Agreement: J.O.P. v. DHS (Asylum; Unaccompanied Children)

USCIS, Sept. 4, 2024 - "This notice is to tell you about a proposed Settlement Agreement of a class action lawsuit, J.O.P. et al. v. U.S. Department of Homeland Security, et al . , Case No. 8:19-cv-01944-SAG, pending in the United States District Court for the District of Maryland. The Court has granted preliminary approval of the proposed Settlement Agreement and has set a Final Approval Hearing (referred to as...

September 04, 2024

September 2024 PERM Tip: Omitting a Travel Requirement

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 the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. Attorneys are careful to disclose travel requirements as part of the job description for a PERM application because...

September 04, 2024

The New D3 Waiver Process: A Tool to Help Over One Million Dreamers

The New D3 Waiver Process: A Tool to Help Over One Million Dreamers By Dan Berger, Stephen Yale-Loehr, Jaclyn Kelley-Widmer, Camiel Becker, Krsna Avila, and Megan Kludt "...This article explains how the enhanced D3 program works and recommends that it be discussed with and considered for all Dreamers with or considering a college degree. ..."

September 02, 2024

Round Table Files Supreme Court Amicus Brief

VELAZQUEZ v. GARLAND BRIEF OF THE ROUND TABLE OF FORMER IMMIGRATION JUDGES AS AMICI CURIAE IN SUPPORT OF PETITIONER

August 30, 2024

Apply to Be an Immigration Judge!

EOIR is posting this ad for "many vacancies" in unspecified locations. Open & closing dates: 08/30/2024 to 09/13/2024 Salary: $156,924 - $204,000 per year

August 29, 2024

Annual Limits Reached in EB-1, EB-4 Categories

State Department, Aug. 27, 2024 - Annual Limit Reached in the EB-1 Category State Department, Aug. 29, 2024 - Annual Limit Reached in the EB-4 Category

August 29, 2024

ECUADOR COUNTRY CONDITIONS GIVEN TO ASYLUM OFFICERS

David L. Cleveland, Aug. 29, 2024 "In response to a FOIA request and lawsuit by the Louise Trauma Center, USCIS released 70 pages of Ecuador country conditions, given to asylum officers. This article will summarize those pages..."