Immigration Law

    • 6 Aug 2018

    Groups to USCIS: Why the Naturalization Backlog?

    National Partnership for New Americans, Aug. 6, 2018 - "Today, the National Partnership for New Americans (NPNA) along with UnidosUS , the Center for Human Rights and Constitutional Law (CHRCL), CASA , Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), OneAmerica , Mi Familia Vota , New York Immigration Coalition (NYIC), and Michigan United filed a Freedom of Information Act (FOIA) request with the United...
    • 6 Aug 2018

    CA9 on Due Process: US v. Ochoa-Orogel

    US v. Ochoa-Orogel - "Francisco Ochoa-Oregel (Defendant) unlawfully entered the United States in 2016 and was convicted of unlawful reentry in violation of 8 U.S.C. § 1326. Before his 2016 conviction for unlawful re-entry, Defendant had previously been ordered removed in 2008, based on a prior conviction for California domestic violence battery, Cal. Penal Code § 243(e)(1), in an in absentia proceeding...
    • 6 Aug 2018

    The Case Against Indefinite Detention - Hon. Jeffrey S. Chase

    Hon. Jeffrey S. Chase, Aug. 5, 2018 - "An amicus brief was recently filed on behalf of a group of 20 former Immigration Judges and BIA Members (including myself) in the case of Rodriguez et. al. v. Robbins . The case, which was remanded back to the Ninth Circuit by the U.S. Supreme Court in its February 2018 decision in Jennings et. al. v. Rodriguez , is the latest chapter in an ongoing conflict over the constitutionality...
    • 6 Aug 2018

    DACA Must Be Fully Restored: Federal Court (NAACP v. Trump)

    Tal Kopan, Dan Berman, CNN, Aug. 4, 2018 - "A federal judge on Friday upheld his order that the Deferred Action for Childhood Arrivals program should be fully restored, setting a 20-day deadline for the administration to do so. DC District Judge John Bates said the Trump administration still has failed to justify its proposal to end DACA, the Obama-era program that has protected from deportation nearly 800,000 young...
    • 3 Aug 2018

    CA7 on BIA Authority, Final Order of Removal: Mejia Galindo v. Sessions

    Mejia Galindo v. Sessions - "A final removal order is created in two steps. First, the immigration judge must conclude that the alien is removable. Id. § 1101(a)(47)(A). Second, the immigration judge’s removal order becomes “final” upon “a determination by the Board of Immigration Appeals affirming such order.” Id. § 1101(a)(47)(B). Here, the immigration judge never made the...
    • 3 Aug 2018

    CA5 on Asylum, Internal Relocation, Burden: Singh v. Sessions

    Singh v. Sessions - "Petitioner Karmjot Singh (“Singh”), a 21 year old native of India and a practicing Sikh belonging to the Mann Party, seeks review of the order of the Board of Immigration Appeals (the “BIA”) affirming the decision of an Immigration Judge (“IJ”) denying his application for asylum and withholding of removal under both the Immigration and Nationality Act (“INA”...
    • 2 Aug 2018

    Retired IJs, Former BIA Members Blast Sessions' Meddling in Matter of Castro-Tum Remand

    July 30, 2018 open letter - "On Thursday, July 26, 2018, the Executive Office for Immigration Review (EOIR), in a costly and inefficient use of the agency’s resources, sent an Assistant Chief Immigration Judge to the Philadelphia Immigration Court to conduct a single preliminary hearing [in the remand of Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) ]. Although there was no indication of any legitimate...
    • 1 Aug 2018

    CA3 on Materiality, AggFel - Wang v. Attorney General

    Wang v. Attorney General - "Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2). ... Wang challenges both the Immigration Judge’s interpretation of the INA and the Board’s conclusions about Section 6b(a)(1)(B), but our review encompasses only the Board’s...
    • 1 Aug 2018

    Judge Poised to Bar Removal of Asylum-Seeking Children

    Britain Eakin, CNS, July 31, 2018 - "A federal judge said Tuesday he would issue an order temporarily barring deportation of reunified families unless the government agrees to do so on its own. U.S. District Judge Paul Friedman issued a temporary restraining order from the bench, then rescinded it during the same hearing in a federal class action challenging the immediate removal of reunified families who had been...
    • 1 Aug 2018

    DOJ, DOL Partner to Combat Visa Abuse, Protect U.S. Workers

    DOJ, July 31, 2018 - "Today, the Department of Justice’s Civil Rights Division and the Department of Labor (DOL) expanded their collaboration to better protect U.S. workers from discrimination by employers that prefer to hire temporary visa workers over qualified U.S. workers. This new partnership, memorialized in a Memorandum of Understanding (MOU), establishes protocols for the agencies to share information...
    • 1 Aug 2018

    CA3 on Aggravated Felony, Materiality: Wang v. Atty. Gen.

    Wang v. Atty. Gen. - "Wang pleaded guilty to violating the Commodity Exchange Act (CEA) by Making a False Report in Connection with a Commodities Transaction in violation of 7 U.S.C. § 6b(a)(1)(B) and § 13(a)(2). ... Wang challenges both the Immigration Judge’s interpretation of the INA and the Board’s conclusions about Section 6b(a)(1)(B), but our review encompasses only the Board’s...
    • 31 Jul 2018

    Findings of Credible Fear Plummet Amid Widely Disparate Outcomes by Location and Immigration Judge: TRAC

    TRAC, July 30, 2019 - "Immigration Court outcomes in credible fear reviews (CFR) have recently undergone a dramatic change. Starting in January 2018, court findings of credible fear began to plummet. By June 2018, only 14.7 percent of the CFR court decisions found the asylum seeker had a "credible fear." This was just half the level that had prevailed during the last six months of 2017. These very recent...
    • 31 Jul 2018

    CA9 on China, Asylum, Religious Persecution: Guo v. Sessions

    Guo v. Sessions - "Petitioner Zhihui Guo is a Chinese citizen who entered the United States in 2010 on a student visa and stayed beyond its duration. He seeks review of the Board of Immigration Appeals’ (“BIA”) denial of his claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). In mid-2010, Chinese police arrested Petitioner1 for attending...
    • 31 Jul 2018

    Class Action Lawsuit Filed Targeting Stalled Waivers for Muslim Ban

    Scott Simpson, July 29, 2018 - "Muslim Advocates, Lotfi Legal, LLC, the Immigrant Advocacy & Litigation Center, PLLC, and Public Counsel filed an amended complaint in a class action lawsuit on behalf of all individuals whose visa applications were wrongfully denied or stalled by the federal government’s failure to provide fair and meaningful access to case-by-case waivers from the travel ban. The plaintiffs...
    • 31 Jul 2018

    In Letter to Sessions, Immigration Judges Push Back Against Quotas

    NAIJ letter, May 2, 2018 re Misunderstandings about Immigration Judge "Quotas" in Testimony Before House Appropriations Committee "... [W]e are concerned based on your testimony before the House Appropriations Committee last week, in that you seem to be misinformed about the current plan to impose performance quotas on Immigration Judges, and hope that you may also reconsider this position once you have...
    • 31 Jul 2018

    Implementation of USCIS NTA Policy Postponed

    USCIS, July 30, 2018 - "Policy Memorandum 602-0050.1, Updated Guidance for the Referral of Cases and Issuances of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens, was issued on June 28, 2018 and instructed USCIS components to create or update operational guidance on NTAs and Referrals to ICE (RTIs), to be issued within 30 days of the Policy Memorandum. Issuance of the operational guidance...
    • 31 Jul 2018

    'Show Me Your Papers' Requirements at NJ Schools Trigger ACLU Lawsuit

    ACLU, July 26, 2018 - "The ACLU of New Jersey filed suit against 12 school districts throughout New Jersey, spanning from Camden County in the south to Sussex County at the state’s northern edge. The school districts, scattered throughout 10 counties, all require forms of state-issued identification that require Social Security numbers or valid immigration status as a condition for students to enroll in school...
    • 30 Jul 2018

    SIJ Victories in Nebraska

    Charles "Shane" Ellison writes: "I wanted to pass along two Nebraska Supreme Court victories our office received today related to SIJ: In re Carlos D. In re Luis J. In one, we authored an amicus brief ; and in the other, the Immigrant Legal Center’s Roxana Cortez was lead counsel. The Supreme Court cases built off an earlier legislative victory (LB 670) from this year. I have also attached a...
    • 30 Jul 2018

    Judge to Appoint Independent Monitor for Detained Immigrant Children

    CNN, July 27, 2018 - "A federal judge said Friday she will appoint an independent monitor to keep tabs on the conditions migrant children are kept in after they are detained along parts of the southern border. "There continue to be persistent problems," US District Judge Dolly Gee said in a status hearing at a federal courthouse in Los Angeles, adding, "There seems to be disconnect between what both...
    • 27 Jul 2018

    CA6 on Asylum, Waiver, Jurisdiction: Hussam F. v. Sessions

    Hussam F. v. Sessions - "Four years ago, Petitioner came to the United States on a K-1 fiancé visa, using a Syrian passport. Although he was a Syrian citizen, his family had fled Syria decades ago to escape persecution. Petitioner therefore had difficulty obtaining a passport from a Syrian consulate in the usual manner, and he instead relied on his father to get a passport for him through unknown contacts...
    • 27 Jul 2018

    Migratory Notes 75 (July 25, 2018)

    Migratory Notes 75 (July 25, 2018) - Reunification deadline looms, signing away rights, Postville revisited...and much, much more!
    • 26 Jul 2018

    Expert: Immigrants Fearful of Reporting Crimes to Police Due to ICE Tactics

    Ben Leonard, NBC News, July 25, 2018 - "Federal immigration agents have used more aggressive tactics since a January 2017 executive order by President Donald Trump that broadened their authority, a New York immigrant advocacy group alleges. ... "ICE feels more liberated in arresting people than under the prior administration," said Stephen Yale-Loehr, professor of immigration law practice at Cornell Law...
    • 26 Jul 2018

    Expert: ICE Tactics 'Instill Fear'

    Valerie Bauman, Daily Mail UK, July 25, 2018 - "The U.S. Immigration and Customs Enforcement agency more than tripled the number of work site investigations it conducted so far in 2018, according to new federal data. Since October 1, 2017 – the beginning of fiscal year 2018 – ICE has opened investigations into 6,093 workplaces, compared to 1,716 in all of fiscal year 2017. The agency also made 984 administrative...
    • 25 Jul 2018

    CA2 on Egregious 4th Am. Violation: Zuniga-Perez v. Sessions

    Zuniga-Perez v. Sessions - "Petitioners Juan Martin Zuniga‐Perez and Elder Hernandez‐Ocampo seek review of a March 10, 2017, decision of the Board of Immigration Appeals (the ʺBIAʺ) affirming a February 24, 2016, decision of an immigration judge (the ʺIJʺ) denying ‐‐ without a hearing ‐‐ their motion to suppress evidence. In re Zuniga‐Perez, Hernandez‐Ocampo, Nos. A 201 218 867/868 (B.I.A. Mar. 10, 2017), aff’g...
    • 25 Jul 2018

    TPS Lawsuit Survives DOJ Motion to Dismiss: Centro Presente v. Trump

    Lawyers' Committee, July 23, 2018 - "In a detailed, 42-page opinion issued late Monday, U.S. District Court Judge Denise Casper rejected the federal government’s request to dismiss Centro Presente v. Trump , a high-profile lawsuit challenging the termination of Temporary Protected Status (TPS) for immigrants from Haiti, El Salvador, and Honduras. The Court also rejected the government’s attempt to...