Immigration Law

    • 2 Dec 2022

    CA9 on Notice, Motions to Reopen, Exceptional Circumstances: Juarez Castro v. Garland

    Juarez Castro v. Garland (unpub.) "Petitioner Laura Catalina Juarez Castro, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (BIA) order affirming the immigration judge’s (IJ) denial of Juarez Castro’s motion to reopen her asylum proceedings. We have jurisdiction pursuant to 8 U.S.C. § 1252, and we grant the petition and remand for reconsideration...
    • 2 Dec 2022

    CA11 on Nexus: Paz-Meza v. Atty. Gen.

    Paz-Meza v. Atty. Gen. (unpub.) "Tania Paz-Meza fled Honduras for the United States in 2014 after several close family members were killed and her brother, a police officer in Honduras for several years, was shot. She applied for asylum and withholding of removal, asserting that she and her family were being targeted by narcotraffickers for their connection to her brother, who ultimately was killed in 2017, and...
    • 1 Dec 2022

    CA8 on Equal Protection: Parada v. Anoka County

    Parada v. Anoka County "The Anoka County Jail referred every detainee born outside the United States, including Myriam Parada, to Immigration and Customs Enforcement. The district court determined that this policy violates the Equal Protection Clause, and a jury awarded her $30,000 on a false-imprisonment theory. We affirm. ... The jury awarded her $30,000 for false imprisonment but gave her only one dollar for...
    • 1 Dec 2022

    Matter of Triana, 28 I&N Dec. 659 (BIA 2022)("Approvable When Filed")

    Matter of Triana When determining whether a respondent is grandfathered for purposes of adjustment of status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2018), a decision of the United States Citizenship and Immigration Services (“USCIS”) to approve a visa petition filed on or before April 30, 2001, does not foreclose an Immigration Judge from determining in removal...
    • 1 Dec 2022

    OFLC Will Propose Rescission of H-2B Registration Requirements and Will Provide Unique H-2B Temporary Registration Numbers Per District Court’s Order

    OFLC, Dec. 1, 2022 "The Department of Labor (Department) published the current H-2B regulations, Temporary Non-Agricultural Employment of H-2B Aliens in the United States , as an interim final rule with the Department of Homeland Security (DHS) on April 29, 2015. 80 FR 24042. With the interim final rule, the Department created a separate H-2B registration process to determine whether an employer has a temporary...
    • 30 Nov 2022

    CA2 on Asylum, Changed Circumstances: Perez Nagahama v. Garland

    Perez Nagahama v. Garland (unpub.) "We remand for the agency to conduct the required factfinding and analysis regarding the reasonableness of Perez Nagahama’s delay in filing her asylum claim following her changed circumstances. An asylum applicant must file an asylum “application . . . within 1 year after the date of . . . arrival in the United States.” 8 U.S.C. § 1158(a)(2)(B). There is...
    • 30 Nov 2022

    CA2 on CAT, Standard of Review: Omorodion v. Garland

    Omorodion v. Garland (unpub.) "The IJ granted Omorodion’s application for deferral of removal under the CAT and, after an initial remand by the BIA, reaffirmed that decision. In July 2018 the BIA vacated the IJ’s grant of CAT relief and ordered Omorodion removed, concluding that Omorodion did not show that she would suffer torture or that public officials would acquiesce in her torture. ... First, Omorodion...
    • 29 Nov 2022

    Matter of Viney K. Gupta, Attorney, 28 I&N Dec. 653 (BIA 2022)

    Matter of Gupta (1) Disbarment may be appropriate where an attorney knowingly disregards a prior order of suspension from the Board of Immigration Appeals and claims on notices of entry of appearance that he is not subject to any order restricting his right to practice law when he is, in fact, suspended from practice before the Board, the Immigration Courts, and the Department of Homeland Security. (2) While the Board...
    • 29 Nov 2022

    More H-2A Listening Sessions

    OFLC, Nov. 25, 2022 "The U.S. Department of Labor previously announced that it intends to engage in additional rulemaking concerning the H-2A visa program for temporary agricultural employment of foreign workers. The Department will consider new ways to support worker voice and promote employer accountability. As we review the Department’s H-2A regulations, we are eager to hear from stakeholders that represent...
    • 28 Nov 2022

    Supreme Court Preview: U.S. v. Texas ("Could Be a Blockbuster")

    On Tuesday, Nov. 29, 2022, the Supreme Court will hear oral arguments in the case of U.S. v. Texas on a writ of certiorari before judgment, to review the Fifth Circuit's denial of a stay of federal district court Judge Tipton's nationwide injunction . Issues : (1) Whether state plaintiffs have Article III standing to challenge the Department of Homeland Security’s Guidelines for the Enforcement of Civil...
    • 26 Nov 2022

    CA2 CAT Remand: Lopez De Velasquez v. Garland

    Lopez De Velasquez v. Garland (unpub.) "Petition for review of a December 26, 2018 decision of the Board of Immigration Appeals (“BIA”) vacating a July 27, 2017 decision of an Immigration Judge (“IJ”) granting Petitioners’ application for asylum and protection under the Convention Against Torture (“CAT”). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED...
    • 23 Nov 2022

    CA9 Appeal Waiver Remand: Phong v. Garland

    Phong v. Garland (unpub.) "Petitioner Kai Hong Phong seeks review of the Board of Immigration Appeals (“BIA”) summary dismissal of his appeal from an Immigration Judge’s (“IJ”) determination that Phong is ineligible for asylum, protection under the Convention Against Torture, or withholding of removal. After reviewing an audio recording of Phong’s hearing before the IJ, the BIA...
    • 22 Nov 2022

    OFLC Posts H-2A Prevailing Wage Surveys FAQ (Nov. 21, 2022)

    OFLC, Nov. 21, 2022 2022 H-2A Final Rule FAQs Prevailing Wage Surveys "On October 12, 2022, the Department of Labor (the Department) published a final rule promulgating regulations governing the certification of employment of nonimmigrant workers in temporary agricultural employment and the enforcement of obligations applicable to employers of H-2A workers and workers in the United States similarly employed....
    • 21 Nov 2022

    CA2 on CAT, Honduras: Garcia-Aranda v. Garland

    Garcia-Aranda v. Garland "Karla Iveth Garcia-Aranda petitions for review of two decisions of the Board of Immigration Appeals (“BIA”) denying asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Garcia-Aranda, a native and citizen of Honduras, testified before an Immigration Judge (“IJ”) that she and her family had been threatened, kidnapped...
    • 21 Nov 2022

    NY IJ Asylum Victory; Guatemala; Feminist Political Opinion

    Michael Shannon writes: "I wanted to share a very good written decision from IJ Barbara Nelson , who granted asylum to my client based on her actual and imputed feminist political opinion under Hernandez-Chacon v. Barr . Now that the appeal period has run, I’m attaching a redacted copy of the decision, in case you can use it as persuasive authority in your cases." [Hats off to Michael !]
    • 17 Nov 2022

    Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022)

    Matter of Coronado Acevedo, 28 I&N Dec. 648 (A.G. 2022) (1) Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018) , is overruled. (2) Pending the outcome of the rulemaking process, immigration judges and the Board of Immigration of Appeals may consider and, where appropriate, grant termination or dismissal of removal proceedings in certain types of limited circumstances, such as where a noncitizen has...
    • 17 Nov 2022

    Understanding Government "Acquiescence" in CAT Cases: Hon. Jeffrey S. Chase

    Hon. Jeffrey S. Chase, Nov. 17, 2022 "I would like to discuss a concept related to asylum, involving protection under Article 3 of the U.N. Convention Against Torture (commonly referred to as “CAT” for short). Although lacking the benefits afforded to those granted asylum or admitted as refugees, the importance of CAT as a protection from deportation has increased in recent years due to the complex...
    • 17 Nov 2022

    DOS/AILA Liaison Committee Meeting, November 3, 2022, Q&A

    State Department, Nov. 14, 2022 "The Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in coordination with the Visa Office in the Bureau of Consular Affairs, appreciates the opportunity to discuss issues of concern to the American Immigration Lawyers Association (AILA). We believe these discussions, and publication of Department responses to issues raised by AILA on...
    • 17 Nov 2022

    December 2022 Visa Bulletin

    December 2022 Visa Bulletin [N.B. notes D through J.]
    • 16 Nov 2022

    CA4 (2-1) on Jurisdiction, Standard of Review, Equitable Tolling: Williams v. Garland

    Williams v. Garland - Petition for review granted, vacated, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Senior Judge Motz joined. Judge Rushing wrote a separate dissenting opinion. "In 2006, the Department of Homeland Security (DHS) deported Petitioner Damien Donovan Williams, a permanent resident of the United States since he was six years old, because the Board of Immigration...
    • 16 Nov 2022

    OFLC Posts Data, Stats, Lists (Nov. 15, 2022)

    OFLC, Nov. 15, 2022 November 15, 2022. OFLC Releases Public Disclosure Data and Selected Program Statistics for Q4 of Fiscal Year 2022 The Office of Foreign Labor Certification (OFLC) has released a comprehensive set of public disclosure data (through the final quarter of fiscal year 2022) drawn from employer applications requesting prevailing wage determinations and labor certifications for the PERM, LCA (H-1B...
    • 16 Nov 2022

    "Round Table" Files Daye v. Garland Amicus Brief at USSC

    Hon. Paul W. Schmidt, Nov. 16, 2022 "For over 70 years, Federal Judges from the Supremes on down have turned a “blind eye” to our Constitution and substituted their subjective views on morality and immigrants for the rule of law. Our Round Table says it’s high time to stop! [The amicus brief is here: https://immigrationcourtside.com/wp-content/uploads/2022/11/Daye-Amicus-Brief-To-File-11.14...
    • 16 Nov 2022

    Judge Permanently Enjoins CDC Border Blockade (Title 42) as of Dec. 22, 2022

    Huisha-Huisha v. Mayorkas "[T]he Court hereby GRANTS Plaintiffs’ Motion for Partial Summary Judgment, ECF No. 144. The Court vacates and sets aside the Title 42 policy—consisting of the regulation at 42 C.F.R. § 71.40 and all orders and decision memos issued by the Centers for Disease Control and Prevention or the U.S. Department of Health and Human Services suspending the right to introduce certain...
    • 11 Nov 2022

    ILP Desk Edition, Rel. 76 (Nov. 2022)

    For those of you who subscribe to the Immigration Law and Procedure: Desk Edition , Release 76 (Nov. 2022) is in the mail! Many thanks to Zelda Vasquez, Esq. (Board Certified) for the updates!