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Immigration Law

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 its ranks.

Released by the CBP Integrity Advisory Panel, the report found that the agency had lacked a properly staffed internal affairs office since its creation in March 2003, and that the per capita number of CBP personnel arrested for corruption far exceed the number at other federal law enforcement agencies.

The report recommended that CBP more than double the number of fulltime criminal investigators in the agency’s office of internal affairs, and that the Department of Homeland Security inspector general ordinarily defer to findings of the internal affairs office in investigations involving the use of force and other allegations involving serious misconduct.

The report was signed by William Bratton, Police Commissioner of the City of New York, and Karen Tandy, a former administrator of the Drug Enforcement Administration.

Chief Immigration Judge to Return to Bench

On July 15, 2015, the Executive Office for Immigration Review announced that Chief Immigration Judge Brian O’Leary will soon leave his position and return to serving as a judge on the Arlington (Va.) Immigration Court.

O’Leary had served as a judge in Arlington prior to becoming Chief Immigration Judge in 2009. He also served as a temporary member of the Board of Immigration Appeals in 2006 and 2007.

The announcement also stated that O’Leary would serve a detail on the Board of Immigration Appeals before returning to the Arlington Immigration Court.

State Department Transfers Processing of E Visas in Mexico

The State Department recently announced that it would transfer responsibility for processing E-1 treaty trader and E-2 treaty investor visas from the Embassy in Mexico City to the various consulates elsewhere in the country.

Effective July 7, 2015, all E-1 visa applications will be processed by the consulates in Monterrey and Tijuana, while E-2 visa applications will be processed by the consulate in Ciudad Juarez.

The email announcement is reprinted at Appendix A


DHS—The Department of Homeland Security has released an “app” allowing users to submit and check the status of requests under the Freedom of Information Act (FOIA) from a tablet or mobile device.

USCIS—USCIS has posted a draft policy memorandum updating its November 20, 2009 Memorandum on Requirements for Agents and Sponsors Filing as Petitioners for the O and P Visa Classifications. The final date for comments is August 13, 2015 and all comments on the memorandum to should be sent to the Office of Public Engagement at The draft policy memorandum can be found at /sites/default/files/USCIS/Outreach/Draft Memorandum for Comment/PED-2015-0609-O-P-Agent-PM.pdf. The 2009 memorandum can be found at 14 Bender’s Immigr. Bull 1574 (Appendix D) (Dec. 15, 2009).

Bender's Immigration Bulletin

[This is an excerpt from the Aug. 1, 2015, issue of Bender's Immigration Bulletin.]

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