Immigration Law

    • 17 Jul 2018

    Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta

    Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security (DHS). A Notice to Appear (NTA) instructs a person to appear before an immigration judge on a certain date. The issuance...
    • 17 Jul 2018

    ICE Proposes to Raise Student Visa Fees

    Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 - "The Department of Homeland Security (DHS) proposes to adjust fees charged by the Student and Exchange Visitor Program (SEVP) to individuals and organizations. DHS proposes to raise the fee for Student and Exchange Visitor Information System (SEVIS) Form I–901, Fee Remittance for Certain F, J, and M Nonimmigrants, for nonimmigrants seeking to become...
    • 17 Jul 2018

    Army Admits Discharge of MAVNI Soldier Illegal

    Alex Horton, Washington Post, July 17, 2018 - "The Army has reversed its widely covered decision to discharge a citizenship-seeking immigrant soldier, in what his lawyer called an acknowledgment that the move was “improper.” Lucas Calixto, a 28-year-old reservist from Brazil, had faced an uncertain future in the United States before the reversal, which was reported by the Associated Press . An abrupt...
    • 15 Jul 2018

    Migrant Child Prisoners Clean Toilets, Can't Hug Siblings

    Dan Barry, Miriam Jordan, Annie Correal and Manny Fernandez, New York Times, July 15, 2018 - "Do not misbehave. Do not sit on the floor. Do not share your food. Do not use nicknames. Also, it is best not to cry. Doing so might hurt your case. Lights out by 9 p.m. and lights on at dawn, after which make your bed according to the step-by-step instructions posted on the wall. Wash and mop the bathroom, scrubbing the...
    • 14 Jul 2018

    New USCIS Policy on RFEs, NOIDs (effective Sept. 11, 2018)

    USCIS, July 13, 2018 - "SUBJECT: Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) Purpose This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion to deny an application, petition, or request without first issuing a Request for Evidence (RFE) or Notice of Intent...
    • 14 Jul 2018

    Federal Criminal Charges Sustained Against NC Attorney Who Was Following Posted Signs

    Sarah Willets, IndyWeek, July 13, 2018 - "A Raleigh immigration attorney has been found guilty of disobeying a[n immigration] judge's orders to stop texting in court, and disrupting the court's proceedings. Beckie Moriello was tried yesterday in [federal district court in ] Charlotte. Each of the two charges came with the possibility of fines and up to thirty days' imprisonment, but according to her attorney...
    • 14 Jul 2018

    Jeffrey S. Chase: Matter of A-B- Being Misapplied by EOIR, DHS

    Jeffrey S. Chase, July 13, 2018 - "One month after Attorney General Jeff Sessions issued his cruel, misguided decision in Matter of A-B- , we are seeing the first signs of how the decision is being implemented by the BIA, USCIS, and ICE. There is no question that Sessions’ intent was to eliminate domestic violence and gang violence as bases for asylum. How can I be so certain of this? While...
    • 13 Jul 2018

    August 2018 Visa Bulletin

    August 2018 Visa Bulletin Notes.... D. SPECIAL IMMIGRANT (SI) TRANSLATOR CATEGORY VISA AVAILABILITY Given the limited availability of visa numbers and the existing demand, the Department expects to reach the FY-2018 annual limit of 50 Special Immigrant Visas in the SI category early this year. As a result, it has been necessary to maintain an August Final Action Date of April 22, 2012. Once the annual limit of 50...
    • 13 Jul 2018

    CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn

    Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They separately challenged this determination by filing complaints in the United States District Court for the Southern District of Texas, raising similar claims under the...
    • 13 Jul 2018

    CA5 (2-1) on Citizenship, APA, Habeas - Hinojosa v. Horn

    Hinojosa v. Horn - Majority - "Raquel Hinojosa and Denisse Villafranca (collectively, the “Plaintiffs”) were denied passports by the Department of State (“DOS”) because they were deemed not to be United States citizens. They separately challenged this determination by filing complaints in the United States District Court for the Southern District of Texas, raising similar claims under the...
    • 13 Jul 2018

    July 11, 2018 OPLA Memo: Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-

    July 11, 2018 OPLA Memo: Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-
    • 13 Jul 2018

    July 11, 2018 OPLA Memo: Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-

    July 11, 2018 OPLA Memo: Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-
    • 12 Jul 2018

    Migratory Notes 73 (July 12, 2018)

    Migratory Notes 73 (July 12, 2018) - The border, the kids, a Miami grandma...and much, much more!
    • 12 Jul 2018

    Migratory Notes 73 (July 12, 2018)

    Migratory Notes 73 (July 12, 2018) - The border, the kids, a Miami grandma...and much, much more!
    • 12 Jul 2018

    Cornell Law List of Immigrants' Rights Organizations

    Cornell Law School, Migration and Human Rights Program, July 2018 - " Organizations seeking non-lawyer and lawyer volunteers : The Young Center for Immigrant Children’s Rights is training adults who want to become “child advocates” who will work one-on-one with unaccompanied immigrant children while they are subject to deportation proceedings. The Advocates for Human Rights works both nationally...
    • 12 Jul 2018

    Cornell Law List of Immigrants' Rights Organizations

    Cornell Law School, Migration and Human Rights Program, July 2018 - " Organizations seeking non-lawyer and lawyer volunteers : The Young Center for Immigrant Children’s Rights is training adults who want to become “child advocates” who will work one-on-one with unaccompanied immigrant children while they are subject to deportation proceedings. The Advocates for Human Rights works both nationally...
    • 12 Jul 2018

    Punitive 'In Absentia' Immigration Court Rules Hamper Asylum Seekers: Report

    Dara Lind, Vox, July 11, 2018 - "A new study blows up Trump’s “catch-and-release” myth. Families seeking asylum often miss their court dates — not because they’re criminals, but because the system is broken. President Donald Trump and other top administration officials have spent months railing against the release of immigrant families as a recipe for widespread lawlessness. They claim...
    • 12 Jul 2018

    Punitive 'In Absentia' Immigration Court Rules Hamper Asylum Seekers: Report

    Dara Lind, Vox, July 11, 2018 - "A new study blows up Trump’s “catch-and-release” myth. Families seeking asylum often miss their court dates — not because they’re criminals, but because the system is broken. President Donald Trump and other top administration officials have spent months railing against the release of immigrant families as a recipe for widespread lawlessness. They claim...
    • 12 Jul 2018

    Expert: Proposed Immigration Rule Attacks a 'Small Problem With a Big Stick'

    Victoria Macchi, Aline Barros, VOA, July 10, 2018 - "By the end of July, the Trump administration is expected to take a step closer to another sweeping policy shift that could block millions of foreigners from coming to the United States or from staying in the country if they have had access to certain public benefits, like children's health care. One team of analysts says the revamped “public charge”...
    • 12 Jul 2018

    Expert: Proposed Immigration Rule Attacks a 'Small Problem With a Big Stick'

    Victoria Macchi, Aline Barros, VOA, July 10, 2018 - "By the end of July, the Trump administration is expected to take a step closer to another sweeping policy shift that could block millions of foreigners from coming to the United States or from staying in the country if they have had access to certain public benefits, like children's health care. One team of analysts says the revamped “public charge”...
    • 12 Jul 2018

    Expert: Court Sanctions Against Feds Over Family Separations Would Be Difficult To Enforce

    Alan Gomez, USA Today, July 11, 2018 - "A federal judge may decide this week to impose some kind of punishment against the Trump administration if he determines that it failed to meet his deadlines to reunite immigrant children separated from their parents. Though the image of Attorney General Jeff Sessions or Department of Homeland Security Secretary Kirstjen Nielsen being carted off to jail is unlikely, U.S. District...
    • 12 Jul 2018

    Expert: Court Sanctions Against Feds Over Family Separations Would Be Difficult To Enforce

    Alan Gomez, USA Today, July 11, 2018 - "A federal judge may decide this week to impose some kind of punishment against the Trump administration if he determines that it failed to meet his deadlines to reunite immigrant children separated from their parents. Though the image of Attorney General Jeff Sessions or Department of Homeland Security Secretary Kirstjen Nielsen being carted off to jail is unlikely, U.S. District...
    • 12 Jul 2018

    How Your Neighborhood Private Immigrant Prison Influences Its Members of Congress

    Tanvi Misra, CityLab, July 11, 2018 - "Did the ICE facilities locate in districts where the congressperson was already quite conservative, and therefore already likely to sponsor such bills? Or, did the legislator introduce these bills because of the facility’s presence?"
    • 12 Jul 2018

    How Your Neighborhood Private Immigrant Prison Influences Its Members of Congress

    Tanvi Misra, CityLab, July 11, 2018 - "Did the ICE facilities locate in districts where the congressperson was already quite conservative, and therefore already likely to sponsor such bills? Or, did the legislator introduce these bills because of the facility’s presence?"
    • 12 Jul 2018

    Where Cities Help Detain Immigrants

    Tanvi Misra, CityLab, July 10, 2018 - "In the last few weeks, a handful of localities have taken action to end contracts with federal immigration authorities to jail immigrants, as anti-detention activists have long been pushing them to do, including Springfield, Oregon , and Sacramento, California . Even Atlanta, Georgia, is considering it . The Trump administration’s practice of separating migrant families...