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News Excerpts From the April 1, 2015, Bender’s Immigration Bulletin

H-2B Interim Final Rule Expected in April | On March 4, 2015, the federal district court in the Northern District of Florida vacated the Department of Labor's (DOL) 2008 H-2B regulations on the ground that the DOL lacks authority under the INA to issue regulations in the H-2B program. Perez v...

News Excerpts From the April 15, 2015, Bender’s Immigration Bulletin

ICE Announces Safeguards for Releases of Noncitizens with Convictions | On March 18, 2015, U.S. Immigration and Customs Enforcement announced that it would implement additional safeguards prior to releasing noncitizens with criminal convictions from custody. Under the new policy, the discretionary...

News Excerpts From the May 1, 2015, Bender’s Immigration Bulletin

H-2B Applications and Prevailing Wage Requests Continue Through May 15; USCIS Resumes Premium Processing | On April 15, 2015, the federal district court for the Northern District of Florida issued a further order in Perez v. Perez, No 3:14-cv-682 (N.D. Fla., March 4, 2015) permitting the DOL to continue...

News Excerpts From the May 15, 2015, Bender’s Immigration Bulletin

Training Document on Particular Social Groups Made Public | A PowerPoint presentation apparently given to asylum officers at USCIS was made public in late April, providing insight into the agency’s handling of potential claims for asylum based on membership in a particular social group. According...

News Excerpt From the June 1, 2015, Bender’s Immigration Bulletin

USCIS Temporarily Suspends Premium Processing for H-1B Extensions | From May 26, 2015 until July 27, 2015, USCIS will suspend premium processing for all H-1B Extension of Stay petitions. During this period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

News Excerpts From the July 1, 2015, Bender’s Immigration Bulletin

New York Grants Law License to DACA Grantee | On June 3, 2015, an intermediate New York appellate court approved the application for admission to the bar of a Mexican citizen who was brought to the United States as a child and granted relief under the Deferred Action for Childhood Arrivals (DACA)...

News Excerpts From The July 15, 2015, Bender’s Immigration Bulletin

BIA Will Solicit Amicus Briefs | On June 19, 2015, the Executive Office for Immigration Review announced that the Board of Immigration Appeals has launched a one-year pilot program to solicit amicus briefs from interested parties. The Board will post invitations on a public website that describes...

Mata v. Lynch: The 5th Circuit Can't Sidestep Jurisdiction To Avoid Review of BIA Denial of Late Motion to Reopen Based on Ineffective Assistance of Counsel

By Jill Apa | The issue in Mata v. Lynch is whether circuit courts can review a BIA decision denying a late motion to reopen removal proceedings based on an allegation of ineffective assistance of counsel. The Fifth Circuit had said no, disagreeing with all the other circuits that had addressed that...

Kerry v. Din: The Supreme Court's ‘Other Marriage Decision’ Preserves Status Quo in Visa Denials, Leaves Tangled Trail for Lower Courts To Follow

By Andrew Haile | On June 25, 2015, Five members of the U.S. Supreme Court in Kerry v. Din agreed on one thing: U.S. citizen Fauzia Din had no right to understand why her husband's immigrant visa had been denied [ enhanced opinion available to lexis.com subscribers | Lexis Advance ] [lexis.com...

News Excerpts From The Aug. 1, 2015, Bender’s Immigration Bulletin

Report Highlights Lack of Oversight, Vulnerability to Corruption at CBP | On June 29, 2015, a subcommittee of the Homeland Security Advisory Council released a report concluding that U.S. Customs and Border Protection lacks sufficient internal oversight and is vulnerable to corruption from within...

The Cuban Adjustment Act Of 1966: Past And Future

By David Abraham The Obama administration's moves to expand relations with Cuba have stoked interest in the future of what is known as the Cuban Adjustment Act, which has been law since 1966. In this Emerging Issues Analysis, historian and professor of Immigration Law at the University of Miami...

Mellouli v. Lynch Decision: You Can't Be Deported For Possessing Only A Sock

By Zelda Howell Moones Mellouli was removed because he was convicted of having drug paraphernalia: a sock, in which he had tablets of Adderall. But the conviction record did not identify what he had in the sock, and the state list of controlled substances does not match the federal list. So, was it...

News Excerpts From the Aug. 15, 2015, Bender’s Immigration Bulletin

USCIS Proposes Expansion of Provisional Waiver Program | On July 22, 2015, U.S. Citizenship and Immigration Services published a proposed rule that would expand eligibility for provisional unlawful presence waivers. Under the proposed rule, provisional waivers would be available for all immigrant...

News Excerpts From the Sept. 1, 2015, Bender’s Immigration Bulletin

DHS to Enhance Security for Visa Waiver Program| On August 6, 2015, Department of Homeland Security Secretary Jeh Johnson announced the implementation of new security measures for noncitizens seeking to enter the United States under the Visa Waiver Program. Among other changes, travelers will have...

News Excerpts From the Sept. 15, 2015, Bender’s Immigration Bulletin

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion available to lexis.com subscribers | Lexis Advance...

Pub. Update: Immigration Law & Procedure (Sept. 2015)

Release 150, Sept. 2015 . Not yet a subscriber? Immigration Law and Procedure is the 21-Volume "Bible'' of immigration law that has been cited in over 450 federal court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme Court...

News Excerpts From the Oct. 15, 2015, Bender’s Immigration Bulletin

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

News Excerpts From the Nov. 1, 2015, Bender’s Immigration Bulletin

USCIS Releases Draft Guidance on Extreme Hardship | On October 7, 2015, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance for public comment on the factors the agency considers in determining whether the denial of an application would result in extreme hardship to a qualifying...

News Excerpts From the Nov. 15, 2015, Bender’s Immigration Bulletin

AILA Names New Executive Director | On October 29, 2015, the American Immigration Lawyers Association announced the selection of Benjamin Johnson as the organization’s new Executive Director. Johnson assumes the position from Crystal Williams, who was named Executive Director in 2009. Johnson...

News Excerpts From the Dec. 1, 2015, Bender’s Immigration Bulletin

EOIR Appoints New Immigration Judges and Assistant Chief Immigration Judges | In November, the Executive Office for Immigration Review announced the appointment of two new immigration judges and six new assistant chief immigration judges. Jonathan Simpson, a former assistant chief counsel for U...

News Excerpts From the Dec. 15, 2015, Bender’s Immigration Bulletin

USCIS Releases Online Civics Test in Spanish | On November 19, 2015, U.S. Citizenship and Immigration Services announced that noncitizens wishing to naturalize may take online practice civics exams containing questions and answers in Spanish as well as English. The practice questions are written in...

News Excerpts From the Jan. 1, 2016, Bender’s Immigration Bulletin

USCIS Ombudsman Recommends Improvements to SIJ Adjudication Process| On December 11, 2015, the Ombudsman for U.S. Citizenship and Immigration Services issued a 12-page report containing recommendations for improving the process for adjudicating applications for Special Immigration Juvenile (SIJ) status...

News Excerpts From the Jan. 15, 2016, Bender’s Immigration Bulletin

Funding Bill Imposes Restrictions on VWP, Increases H and L Fees, Makes H-2B Changes The omnibus funding bill enacted in December contained provisions restricting participation in the Visa Waiver Program by applicants who are nationals of or who have recently visited certain countries in Africa and...

News Excerpts From the Feb. 1, 2016, Bender’s Immigration Bulletin

SEVP Issues Report Responding to Feedback Received at NAFSA Conference | In December, the Student and Exchange Visitor Program (SEVP) issued a report responding to feedback received at the 2015 NAFSA annual conference. The report addresses 15 key issues raised at the conference that affect students...