Immigration Law

    • 22 Oct 2020

    DHS Extends US-Mexico-Canada Border Restrictions Again

    Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 "This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border. Such travel will be limited to ‘‘essential travel,’’ as further defined in this document...
    • 21 Oct 2020

    CA9 on CIMT, Cancellation: Ortega-Lopez IV

    Ortega-Lopez v. Barr "Ortega-Lopez, a native and citizen of Mexico, petitions for review of a ruling by the Board of Immigration Appeals (BIA) [ Matter of Ortega-Lopez, 27 I&N Dec. 382 (BIA 2018) ] that he was ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1). We hold that the BIA reasonably concluded that Ortega-Lopez had been convicted of a crime involving moral turpitude for which...
    • 21 Oct 2020

    "B-1 in lieu of" Proposed Rule

    Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 "The Department of State (‘‘Department’’) proposes to amend its regulation governing nonimmigrant visas for temporary visitors for business, the B–1 nonimmigrant visa classification, by removing two sentences defining the term ‘‘business’’ that are outdated due to changes in the INA since 1952...
    • 21 Oct 2020

    DOJ/DHS Asylum Final Rule, eff. Nov. 20, 2020

    Federal Register / Vol. 85, No. 204 / Wednesday, October 21, 2020 "On December 19, 2019, the Department of Justice (‘‘DOJ’’) and the Department of Homeland Security (‘‘DHS’’) (collectively, ‘‘the Departments’’) published a notice of proposed rulemaking (‘‘NPRM’’) that would amend their respective regulations governing...
    • 19 Oct 2020

    Pereida v. Barr Argument Analysis: Kate Evans

    Kate Evans, Oct. 19, 2020 "On Wednesday, the Supreme Court heard oral argument in Pereida v. Barr , an effort by Clemente Pereida, who has lived in the United States without authorization for nearly 25 years, to avoid mandatory deportation by presenting evidence to an immigration judge that his deportation would cause exceptional and extremely unusual hardship to his United States citizen son. He was denied the...
    • 19 Oct 2020

    Supreme Court Immigration Case News (Oct. 19, 2020)

    Oct. 19, 2020 - The Supreme Court has granted certiorari in two cases, Wolf v. Innovation Law Lab (MPP / "remain in Mexico") and Trump v. Sierra Club (border wall funding), and by law must review Trump v. New York (census, counting all "persons"). The hyperlinks will take you to the SCOTUSblog case pages, with links to all the briefs.
    • 16 Oct 2020

    USCIS Announces Premium Processing Fee Increase Effective Monday, Oct. 19, 2020

    USCIS, Oct. 16, 2020 "U.S. Citizenship and Immigration Services (USCIS) today announced it will increase fees for premium processing, effective Oct. 19, as required by the Continuing Appropriations Act, 2021 and Other Extensions Act, Pub. L. No. 116-159 , signed into law on Oct. 1. The USCIS premium processing service allows petitioners to pay an additional filing fee to expedite the adjudication of certain forms...
    • 15 Oct 2020

    USCIS Issues Q Visa Policy Guidance (Oct. 15, 2020)

    USCIS, Oct. 15, 2020 "Policy Highlights • Clarifies eligibility requirements for the nonimmigrant cultural visitor (Q) visa classification, to include eligibility and related requirements for petitioners, pertinent programs, and participants. • Clarifies the type of evidence that can demonstrate a qualifying program including, but not limited to, catalogs, brochures, and curriculum."
    • 15 Oct 2020

    CA4 on Evidence, Social Group: Hernandez-Cartagena v. Barr

    Hernandez-Cartagena v. Barr "Petitioner is correct that the IJ and BIA failed to adequately address unrebutted evidence in the record -- evidence that compels the conclusion that Petitioner’s family membership was at least one central reason for her persecution. ... PETITION FOR REVIEW GRANTED; REVERSED AND REMANDED WITH INSTRUCTIONS" [Hats off to Aaron R. Caruso !]
    • 15 Oct 2020

    CA9 on Controlled Substance Trafficking: Cortes-Maldonado v. Barr

    Cortes-Maldonado v. Barr "We address whether the conduct proscribed by Oregon’s former marijuana delivery statute, Or. Rev. Stat. § 475.860 (2011), constitutes the federal generic crime of “illicit trafficking of a controlled substance,” under the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B). We conclude that it does not because the Oregon statute criminalizes more conduct—namely...
    • 15 Oct 2020

    CA10 on Cancellation: Real-Mendoza v. Barr

    Real-Mendoza v. Barr "[T]he Board erred in deeming Mr. Real-Mendoza ineligible for cancellation of removal based on the stop-time rule. Mr. Real-Mendoza had resided continuously in the United States for at least ten years, so the agency shouldn’t have deemed him ineligible based on a lack of continuous residence. We thus grant the petition in error and remand to the Board with instructions to reconsider Mr...
    • 15 Oct 2020

    Wolf Attempts to Legalize Acts by McAleenan, Edlow

    Here's a link to the "ratification" that will be published in the Federal Register on Friday, Oct. 16, 2020. The litigation is ongoing, but so far two courts have found that Wolf has acted without authority .
    • 15 Oct 2020

    Pereida v. Barr: Transcript of Supreme Court Oral Argument

    Supreme Court, Oct. 14, 2020 And here's a link to the SCOTUSblog case page with all the briefs.
    • 14 Oct 2020

    NYSBA Ethics Opinion 1203 (Oct. 8, 2020)

    NYSBA Ethics Opinion 1203 (Oct. 8, 2020) "An attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear renders it difficult for the attorney to carry out the representation effectively."
    • 14 Oct 2020

    CA3 on CIMT: Larios v. Atty. Gen.

    Larios v. Atty. Gen. "Here, in what is now Lazaro Javier Larios’s third petition for review from prior reversals, the Board of Immigration Appeals (BIA) applied the categorical approach and held Larios ineligible for cancellation of removal under 8 U.S.C. § 1229b(b)(1) for having been convicted of “a crime involving moral turpitude.” 8 U.S.C. § 1182(a)(2)(A)(i)(I). Because we conclude...
    • 14 Oct 2020

    Latest CDC Border Blockade Order (Oct. 13, 2020)

    CDC, Oct. 13, 2020 "The Centers for Disease Control and Prevention (CDC) announces the issuance of an Order suspending the right to introduce certain persons into the United States from countries where a quarantinable communicable disease exists. This Order replaces the Order Suspending Introduction of Certain Persons from Countries Where a Communicable Disease Exists, issued on March 20, 2020 (March 20, 2020 Order...
    • 13 Oct 2020

    CA9 on Adelanto, ICE, Safety, Due Process: Roman v. Wolf

    Roman v. Wolf "[W]e agree with the district court that the conditions at Adelanto in April violated detainees’ due process right to reasonable safety. ... the preliminary injunction order is affirmed in part and vacated in part, and the case is remanded for further proceedings consistent with this disposition."
    • 13 Oct 2020

    The Fifth Amendment's Butterfly Effect on Due Process

    North American Butterfly Association v. Wolf "The National Butterfly Center, a 100-acre wildlife sanctuary and botanical garden owned by the nonprofit North American Butterfly Association, lies along the border between the United States and Mexico. Butterfly Center staff discovered in 2017 that a segment of the wall the U.S. Department of Homeland Security (DHS) plans to build on the border with Mexico would run...
    • 13 Oct 2020

    Supreme Court Case Preview: Pereida v. Barr

    Kate Evans, Oct. 13, 2020 [ Prof. Evans is the Clinical Professor of Law and Director, Immigrant Rights Clinic, at Duke Law .] "The Supreme Court will hear oral argument Wednesday in Pereida v. Barr , the next in a growing line of cases to address whether an immigrant who has lived in the United States for many years can be subject to mandatory deportation for a minor crime. Here, Clemente Pereida’s state...
    • 12 Oct 2020

    CA9 on Use of Military $ for Border Wall

    Sierra Club v. Trump "This appeal presents the question of whether the emergency military construction authority provided by 10 U.S.C. § 2808 (“Section 2808”) authorized eleven border wall construction projects on the southern border of the United States. We conclude that it did not. We also consider whether the district court properly granted the Organizational Plaintiffs a permanent injunction...
    • 12 Oct 2020

    DOS on NAM v. DHS Order

    State Department, Oct. 9, 2020 "Court Order regarding Presidential Proclamation 10052 On October 1, 2020, a federal district court in National Association of Manufacturers v. Department of Homeland Security (NAM) enjoined the government from enforcing section 2 of Presidential Proclamation (PP) 10052 against named plaintiffs and members of the plaintiff associations. The named plaintiffs include: the National...
    • 12 Oct 2020

    EOIR Adds 20 New Immigration Judges

    EOIR, Oct. 9, 2020 "The Executive Office for Immigration Review (EOIR) today announced the investiture of 20 Immigration Judges, including three Assistant Chief Immigration Judges. As was noted today by Deputy Attorney General Jeffrey A. Rosen, EOIR’s Immigration Judge corps has increased nearly 70 percent since January 2017. After a thorough application process, Attorney General William P. Barr appointed...
    • 9 Oct 2020

    Another Court Strikes Down USCIS Fee Rule - "Wolf Acted Without Authority"

    NWIRP v. USCIS "[T]he Court will GRANT Plaintiffs’ motion for a preliminary injunction. ... [and] because the Court concludes that Wolf acted without authority when he approved the Final Rule and later attempted to ratify that action and McAleenan’s issuance of the Proposed Rule, the legal infirmity at issue reaches all portions of the Rule."
    • 8 Oct 2020

    Order on Motion to Enforce in Fraihat COVID PI

    Elizabeth Jordan writes: "I am pleased to report that we, along with co-counsel SPLC, DRA, Orrick, and Willkie, just got the attached order on our motion to enforce our Fraihat COVID preliminary injunction . We are working on developing guidance for detained folks, their families, advocates and allies. We encourage you to read it through if you’re interested because there are a lot of gems in there, but did...
    • 8 Oct 2020

    Matter of Voss, 28 I&N Dec. 107 (BIA 2020)

    Matter of Voss, 28 I&N Dec. 107 (BIA 2020) If a criminal conviction was charged as a ground of removability or was known to the Immigration Judge at the time cancellation of removal was granted under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2018), that conviction cannot serve as the sole factual predicate for a charge of removability in subsequent removal proceedings. "...