Mental Competency Issues in Immigration Practice: Cyrus D. Mehta

"It is already hard enough for an immigration lawyer to represent a foreign national client in an immigration proceeding, given the language and other cultural barriers, along with the fact that immigration law can be extremely complex and unforgiving. On top of this, an immigration lawyer who represents...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

An American Life, Lived in Shadows

"Oklahoma’s restrictions did not reduce Oklahoma’s [unauthorized] immigrant population, census figures show. While some families fled, others came and tens of thousands more — like Ignacio and his family, who requested that only their first names be used — have stayed put...

High Court Splits 5-4 on Part of Child Status Protection Act

Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child” cannot retain his or her priority date if a new...

Guilty Pleas in Houston Immigration RICO Cases

"A man and woman from Houston pleaded guilty Tuesday to racketeering violations in connection with an employment referral conspiracy. Lina Sun, 54, and Chenglun Ma, 57, pleaded guilty to racketeering influenced and corrupt organizations (RICO) conspiracy charges before U.S. Magistrate Judge Keith...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the July 15, 2014, Bender’s Immigration Bulletin

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

News Excerpts From the Aug. 1, 2014, Bender’s Immigration Bulletin

IRS Adopts New Policy on ITINs | On June 30, 2014, the Internal Revenue Service announced that Individual Taxpayer Identification Numbers will expire only if not used on a federal tax return for five consecutive years. The IRS will not begin deactivating ITINs until 2016 in order to give all interested...

Penn State Law Clinic Creates Toolkit for Withholding-Only Proceedings

"Clinic students and the Pennsylvania Immigrant Resource Center (PIRC) teamed up to make a practice guide for attorneys representing noncitizens in withholding-only proceedings. Available online , the toolkit features: • A summary of remedies available in withholding only proceedings...

Baltimore Law Clinic on Front Lines of Immigration Crisis

"As the director of the University of Baltimore School of Law’s Immigrant Rights Clinic, Elizabeth Keyes has overseen case after case over the past two years involving immigrants hoping to remain in the country. But Keyes said some of the most compelling cases are those of children who...

News Excerpts From the Aug. 15, 2014, Bender’s Immigration Bulletin

New USCIS Director Testifies Before Congress | On July 29, Leon Rodriguez, the new director of U.S. Citizenship and Immigration Services, testified at an oversight hearing before the House Judiciary Committee. Rodriguez became USCIS director on July 9. In his written testimony, available at http...

Obama Not Overstepping on Immigration: Opinion

From the conservative Washington Examiner : "Conservatives are outraged that President Obama is threatening to use his executive authority to shelter undocumented foreigners from deportation now that immigration reform seems dead this year. But whether they like it or not, existing immigration...

Canada Benefits from U.S. Immigration Reform Failure

"Stalled immigration reforms in the United States are an opportunity for Canada to scoop up a wealth of young, "brilliant" foreign nationals and direct them into burgeoning tech-sector employment, the federal employment minister said Wednesday." - Tamsyn Burgmann, The Canadian Press...

State Net Capitol Journal: Congress Fails Immigrants – And The States In Which They Live

By Lou Cannon | When a do-little Congress went home without addressing the crisis caused by the flight of thousands of unaccompanied children from Central America across U.S. borders, immense strains were placed on state-supervised programs that provide social services, job training and preventive...

News Excerpts From the Sept. 1, 2014, Bender’s Immigration Bulletin

Humanitarian Assistance for Nationals of Guinea, Liberia and Sierra Leone in U.S. On August 15, U.S. Citizenship and Immigration Services announced relief measures available to nationals in the United States from those West African countries caught in the throes of the Ebola outbreak. Immigration...

What is Executive Action? (Video)

"What is executive action and what power does President Obama have to fix our broken immigration system? Educate yourself with this video as law professor Hiroshi Motomura walks us through some of the most common questions about executive action." - FWD.us, Sept. 2014 .

News Excerpts from the Sept. 15, 2014, Bender’s Immigration Bulletin

DHS Settles Lawsuit over Coerced Voluntary Departures In August, the Department of Homeland Security agreed to settle a lawsuit filed on behalf of nine Mexican citizens alleging they were forced to “voluntarily” depart the country instead of having a hearing before an immigration judge...

News Excerpts From the Oct. 1, 2014, Bender’s Immigration Bulletin

California Housing and Employment Department Issues New Guidelines on U Visas | On September 10, 2014, the California Department of Fair Employment and Housing issued a directive expanding the grounds for which it will provide certifications to noncitizens seeking U nonimmigrant status. The Department...

News Excerpts From the October 15, 2014, Bender’s Immigration Bulletin

White House Releases Refugee Ceilings for FY 2015 | On September 30, 2014, the White House released a presidential memorandum capping the number of refugee admissions at 70,000 for the upcoming fiscal year and authorizing citizens of some countries to seek refugee status from inside their countries...

Executive Grants of Temporary Immigration Relief, 1956-Present

"Much has been made of President Obama’s Deferred Action for Childhood Arrivals (DACA) program, through which he deferred deportation for young adults brought to the U.S. as children. But as immigration legal scholar Hiroshi Motomura has noted, the president has broad executive authority to...

State Net Capitol Journal: California Governor Signs Immigration Bill

CALIFORNIA Gov. Jerry Brown (D) signs SB 873, which allocates $3 million to pay for legal aid for thousands of immigrant children from Central America who have poured into the Golden State this year to escape violence in their home countries (CALIFORNIA GOVERNOR'S OFFICE). The above article is...

Domestic Violence and the Plight of the Unauthorized Migrant: Hon. Mimi Tsankov

"VAWA provides wide-ranging support, including enhanced immigration-related prosecution measures, expanded and better-coordinated federal and state enforcement partnerships, comprehensive immigration law benefits for victims, and expanded federal financial support and guidance for state and local...

Immigration Judge Hears Bond Pleas By Video, 1,700 Miles Away

"Immigration Judge Quynh Bain keeps having to interrupt the witness to ask her to slow down her account of the night that some Mara-18 gang members ran her off the road in her hometown in El Salvador. “Please remember,’’ the judge tells her through an interpreter, “that one...

News Excerpts From the Nov. 1, 2014, Bender’s Immigration Bulletin

California Launches Student Loan Program for DREAMers | In late September, California enacted a bill allowing public universities to provide direct loans to state residents unable to obtain federal loans on account of their immigration status. Known as the “California DREAM Loan Program,”...

Report: There Is No Border Crisis

"Is there an “immigration crisis” on the U.S.-Mexico border? Not according to an examination of historical immigration data, according to a new paper from Rice University ’s Baker Institute for Public Policy . “Illegal” Immigration on the U.S.-Mexico Border: Is it...