Immigration Law

    • 16 Aug 2019

    Third Lawsuit Filed Challenging 'Public Charge' Rule

    NILC, Aug. 16, 2019 " CONTACT – National Immigration Law Center: Hayley Burgess, 202-384-1279, media@nilc.org – Western Center on Law & Poverty: Courtney McKinney, 214-395-2755, cmckinney@wclp.org – Asian Americans Advancing Justice – Los Angeles: Alison Vu, avu@advancingjustice-la.org Trump “Public Charge” Regulation Unlawful, Lawsuit Claims Nonprofits aim to block policy...
    • 16 Aug 2019

    CA3 Rips Feds Over Fake School Scam: Fang v. ICE

    Fang v. ICE "The only consideration that could arguably give us pause is the Government’s shifting position on whether the students are the victims of fraud or themselves participants in the fraud for having come here to attend the nonexistent UNNJ. However, it would be a cruel irony indeed if we were to allow the Government’s own flip-flop on that characterization to deprive us of the ability to review...
    • 16 Aug 2019

    CA9 Upholds Stay of Asylum Rule...in CA9 Only

    East Bay Sanctuary Covenant v. Barr "Appellants seek a stay pending appeal of the district court’s July 24, 2019 order preliminarily enjoining the Department of Justice and Department of Homeland Security’s joint interim final rule, “Asylum Eligibility and Procedural Modifications” (the “Rule”), 84 Fed. Reg. 33,829 (July 16, 2019). ... we deny the motion for stay pending appeal...
    • 16 Aug 2019

    CA9 Upholds Flores

    Flores v. Barr "In 1997, the United States entered into a settlement with a class of minors subject to detention by U.S. immigration authorities (“Plaintiffs”). The settlement agreement, incorporated into a consent decree, requires immigration agencies to hold such minors in their custody “in facilities that are safe and sanitary.” Flores Agreement (“the Agreement”) at ¶...
    • 15 Aug 2019

    Visa Bulletin for September 2019

    Visa Bulletin for September 2019 Good news, bad news: " D. AVAILABILITY OF EMPLOYMENT-BASED FIRST, SECOND and FIFTH PREFERENCE NUMBERS There has been a combination of a dramatic change in the USCIS demand pattern for adjustment of status applicants during July, and a larger than anticipated return of unused numbers which had been provided to consular offices for July use. As a result, it has been possible to...
    • 15 Aug 2019

    Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper

    Cora-Ann Pestaina, Aug. 7, 2019 "In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process. So maybe they wanted to make a point? Let’s discuss. As background, an employer must conduct a good faith recruitment of the labor market in order to obtain...
    • 14 Aug 2019

    DOJ Settles I-9 Beef for $159K

    DOJ, Aug. 13, 2019 "The Department of Justice announced today that it has reached a settlement agreement with four car reconditioning companies in California: Automotive Creations, Inc., Dynamic Auto Images, Inc., Prestige Auto Specialists, Inc., and Expert Automotive Reconditioning, Inc. (collectively, the Companies). The settlement resolves the Department’s investigation into whether the Companies violated...
    • 14 Aug 2019

    USCIS Public Charge Final Rule (Aug. 14, 2019)

    Federal Register / Vol. 84, No. 157 / Wednesday, August 14, 2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA or the Act), because he or she is likely at any time to become a public charge. The final rule includes...
    • 13 Aug 2019

    DC Circ. on Visa Lottery, Travel Ban: Almaqrami v. Pompeo

    Almaqrami v. Pompeo "Plaintiffs were offered the chance to apply for a select number of “diversity visas.” The government never granted them visas, and the statutory deadline to do so has now passed. But this case is not moot because whether the district court retains the authority to award plaintiffs relief is a merits question. We reverse the district court’s decision to the contrary."
    • 12 Aug 2019

    CA3 on Modified Categorical Approach - Hillocks v. A.G.

    Hillocks v. A.G. "Petitioner Dexter Anthony Hillocks is a lawful permanent resident who was convicted of the Pennsylvania state crime of using a communication facility — i.e., a phone — to facilitate a felony. The question before us is whether that crime constitutes either an “aggravated felony” or a “conviction relating to a controlled substance” under federal immigration laws...
    • 12 Aug 2019

    CA3 (En Banc) on 'Particularly Serious Crime' - Bastardo-Vale v. A.G.

    Bastardo-Vale v. A.G. "Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated felonies. We hold that it does. The phrase “particularly serious crime” means the same thing in both statutes, and the language of those statutes shows...
    • 12 Aug 2019

    Matter of L-E-A-: How Much Did Barr Change? - Jeffrey S. Chase

    Jeffrey S. Chase, Aug. 11, 2019 "In June 2018, the Attorney General issued his precedent decision in Matter of A-B- . The AG intended his decision to lead to the denial of asylum claims based on domestic violence and gang violence by asylum officers, immigration judges, the BIA, and the circuit courts. The decision also aimed to compel asylum officers to find those arriving at the southern border to lack the credible...
    • 12 Aug 2019

    Advance Copy of USCIS 'Public Charge' Final Rule

    This document is scheduled to be published in the Federal Register on 08/14/2019 "This final rule amends DHS regulations by prescribing how DHS will determine whether an alien applying for admission or adjustment of status is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA or the Act), because he or she is likely at any time to become a public charge."
    • 12 Aug 2019

    USCIS to Close 16 International Offices

    USCIS, Aug. 9, 2019 "U.S. Citizenship and Immigration Services (USCIS) announced today plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India. Previously, Acting Director Ken Cuccinelli directed the agency to continue operating in Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador, as part of a whole-of-government...
    • 8 Aug 2019

    Boston Immigration Judge Grants Asylum; PSG = "Guatemalan Women"

    Boston Immigration Judge Paul M. Gagnon granted asylum in a DV-based case, recognizing "Guatemalan women" as a particular social group. ICE reserved, but did not appeal, so the decision is final . The IJ addressed Matter of A-B- in several places. Hats off to Gerald D. Wall, Greater Boston Legal Services!
    • 8 Aug 2019

    Executive Order Blocks Entry for Some Venezuelans

    Federal Register / Vol. 84, No. 152 / Wednesday, August 7, 2019 "... The unrestricted immigrant and nonimmigrant entry into the United States of aliens determined to meet one or more of the criteria in section 1(b) of this order would be detrimental to the interests of the United States, and entry of such persons into the United States, as immigrants or nonimmigrants, is hereby suspended, except when the Secretary...
    • 6 Aug 2019

    Lawsuit Challenges Expanded Expedited Removal

    AIC, Aug. 6, 2019 "The American Immigration Council, American Civil Liberties Union, and Simpson Thacher & Bartlett LLP filed a federal lawsuit today challenging the Trump administration’s new rule that massively expands fast-track deportations without a fair legal process such as a court hearing or access to an attorney. The expanded expedited removal rule took effect July 23 and targets immigrants nationwide...
    • 6 Aug 2019

    Public Charge IV Denials Skyrocket Under Trump

    Ted Hesson, Politico, Aug. 6, 2019 "The number of Mexicans refused immigrant visas to the U.S. because they might become dependent on government benefits skyrocketed under President Donald Trump, according to State Department data obtained by POLITICO. Between Oct. 1 and July 29, the State Department denied 5,343 immigrant visa applications for Mexican nationals on the grounds that the applicants were so poor...
    • 6 Aug 2019

    Big H-1B Defeat for USCIS: RELX v. Baran

    RELX (LexisNexis) v. Baran "In short, the LexisNexis position was a distinct occupation which required a specialized course of study, notwithstanding the fact that the study included several specialized fields. Ms. Chatterjee completed that specialized course of study in the relevant fields and LexisNexis has employed her exactly because she has the specialized skills to perform the duties of the position and requisite...
    • 6 Aug 2019

    Pro Se Evidence Remand at CA4: Ali v. Atty. Gen.

    Ali v. Atty. Gen. "All in all, the Board’s opinion in this case is a classic example of a decision that is incapable of review due to a lack of reasoned consideration. Its failure to discuss “highly relevant” evidence, see Min Yong Huang, 774 F.3d at 1349, leads to illogical conclusions — ones that cast doubt on whether the Board considered that evidence in the first place. For this reason...
    • 5 Aug 2019

    Court Blocks USCIS Policy Affecting UACs

    CLINIC Legal, Aug. 5, 2019 "A Maryland-based federal court granted a temporary restraining order Aug. 2 to protect the rights of thousands of unaccompanied immigrant children seeking asylum. The order by U.S. District Judge George J. Hazel blocks the government’s implementation of a policy that would significantly limit vital protections for children under the Trafficking Victims Protection Reauthorization...
    • 5 Aug 2019

    Schroedinger's Citizen

    Prof. Jacqueline Stevens, Aug. 5, 2019 "On July 8, 2019, the State Department announced that a deported alien was a U.S. citizen and they were going to produce a U.S. passport for him. ... "
    • 2 Aug 2019

    Court Strikes Down Trump Administration Policy Barring Refugees From Asylum

    NIJC, Aug. 2, 2019 "The federal District Court for the District of Columbia today ruled in O.A. v. Trump that the Trump Administration cannot bar refugees from asylum for crossing between ports of entry. The suit was brought by the Capital Area Immigrants' Rights Coalition, Human Rights First, the National Immigrant Justice Center, RAICES, Hogan Lovells, and Williams & Connolly. In response to the ruling...
    • 2 Aug 2019

    USCIS to End Certain Categorical Parole Programs

    USCIS, Aug. 2, 2019 "U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements , and to better ensure that parole is used only on a case-by-case basis, consistent with the law. Parole is a process that allows foreign nationals to temporarily enter...