Immigration Law

    • 19 Jun 2019

    Orlando for AILA? BIBcast!

    If you will be in Orlando today through Saturday, June 19-22, for the AILA conference, come speak into my microphone for a 60-second audio "BIBcast" I will post to this website, www.bibdaily.com . You can find me by tweeting to @dkbib on Twitter, or come to Booth 216 in the Exhibit Hall on Thursday from 3:50 PM to 4:05 PM, Friday from 3:50 PM to 4:05 PM, or Saturday from 10:25 AM to 10:40 AM. See you in...
    • 18 Jun 2019

    Most Released Families Attend Immigration Court Hearings

    TRAC, June 18, 2019 "The latest case-by-case records from the Immigration Courts indicate that as of the end of May 2019 one or more removal hearings had already been held for nearly 47,000 newly arriving families seeking refuge in this country. Of these, almost six out of every seven families released from custody had shown up for their initial court hearing. Usually multiple hearings are required before a case...
    • 17 Jun 2019

    Habeas Victory in SDNY: Martinez v. McAleenan

    Martinez v. McAleenan "Luis Martinez ("Petitioner"), a native and citizen of Mexico, has been living in the U.S. since 1990, when he was 12 or 13 years old. Petitioner has been detained in U.S. Immigration and Customs Enforcement ("ICE") custody since January 16, 2019, allegedly pursuant to a reinstated order of removal. (See Petitioner's Letter dated 5/14/19, ECF No. 20.) Petitioner is...
    • 17 Jun 2019

    CADC on Unaccompanied Minors, ORR and Abortion: J.D. v. Azar

    J.D. v. Azar "Under binding Supreme Court precedent, a person has a constitutional right to terminate her pregnancy before fetal viability, and the government cannot unduly burden her decision. The government accepts the applicability of that settled framework to unaccompanied alien children in its custody. Those controlling principles dictate affirming the district court’s preliminary injunction against...
    • 17 Jun 2019

    CA4 on Honduras, Gang Violence: Alvarez Lagos v. Barr

    Alvarez Lagos v. Barr "Sindy Marilu Alvarez Lagos testified credibly that she and her then-seven-year-old daughter, natives and citizens of Honduras, were threatened with gang rape, genital mutilation, and death if they did not comply with the extortionate demands of a Barrio 18 gang member. Unable to meet those demands and fearing for their lives, Alvarez Lagos and her daughter fled to the United States, where...
    • 17 Jun 2019

    Class Notice – R.F.M. v Nielsen

    Class Notice – R.F.M. v Nielsen, 118-CV-5068 (SDNY) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NOTICE TO THE CLASS IN R.F.M., et al., v. Nielsen, et al., 18-cv-5068 If you received a Special Findings Order from a New York Family Court after you turned 18 and then filed or plan to file a petition for Special Immigrant Juvenile (“SIJ”) classification, you may be able to get...
    • 13 Jun 2019

    CA9 on Reasonable Suspicion: Perez Cruz v. Barr

    Perez Cruz v. Barr "Immigration and Customs Enforcement (ICE) agents implemented a preconceived plan to “target” over 200 factory workers for detention and for interrogation as to their immigration status. The plan turned on obtaining and executing a search warrant for employment records at the factory. The record before us establishes that the search warrant for documents was executed “in order...
    • 13 Jun 2019

    New USCIS memo denies access to non-adversarial affirmative asylum procedures for many vulnerable children - CLINIC Legal

    CLINIC Legal, June 13, 2019 "Consistent with the Trump administration’s ongoing efforts to roll back protections that Congress established for vulnerable children through the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA), Pub. L. No. 110–457, 122 Stat. 5044, USCIS issued a memo to asylum officers on May 31, 2019 that will take away important protections from...
    • 13 Jun 2019

    Visa Bulletin for July 2019

    Visa Bulletin for July 2019
    • 13 Jun 2019

    DOS Quarterly Report on Travel Ban (Dec. 8, 2017 - Mar. 31, 2019)

    Department of State Report: Implementation of Presidential Proclamation 9645, December 8, 2017 to March 31, 2019 "[T]he Department of State is providing statistical information related to visa applications made by nationals of the eight countries currently or previously subject to visa restrictions under PP 9645: Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen."
    • 12 Jun 2019

    BIA on 'Realistic Probability' - Matter of Navarro Guadarrama

    Matter of Navarro Guadarrama, 27 I&N Dec. 560 (BIA 2019) Interim Decision #3956 Where an alien has been convicted of violating a State drug statute that includes a controlled substance that is not on the Federal controlled substances schedules, he or she must establish a realistic probability that the State would actually apply the language of the statute to prosecute conduct involving that substance in order to...
    • 12 Jun 2019

    SIJS Practice Advisory and More

    The Legal Aid Society and Latham & Watkins, LLP, June 2019 "Since 2016, United States Citizenship and Immigration Services (USCIS) has denied the Special Immigrant Juvenile Status (SIJS) petitions of abused, abandoned, and neglected youth in New York who were between the ages of 18-21 years old at the time they applied for SIJS. USCIS claimed that the New York Family Court Special Findings Orders (SFOs) issued...
    • 10 Jun 2019

    New Zealand Nationals Eligible for E-1 and E-2 Nonimmigrant Visas: USCIS / DOS

    USCIS, June 10, 2019 "Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226 . Beginning June 10, eligible New Zealand nationals already in the United States in a lawful nonimmigrant status can file Form I-129, Petition for a Nonimmigrant Worker , to request a change of status to E-1...
    • 10 Jun 2019

    Cuccinelli Named Acting Director of USCIS

    USCIS, June 10, 2019 "Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of U.S. Citizenship and Immigration Services (USCIS), effective June 10, 2019. Cuccinelli will lead an agency of 19,000 employees and contractors who are responsible for administering our nation’s lawful immigration system while protecting...
    • 10 Jun 2019

    Cap Reached for Additional H-2B Visas for FY 2019

    USCIS, June 7, 2019 "USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019. As previously announced , USCIS began accepting H-2B petitions on May 8 under the temporary final rule increasing the cap by up to 30,000 additional H-2B nonimmigrant visas for returning workers...
    • 7 Jun 2019

    Jeffrey S. Chase: The BIA and Selective Dismissal

    Jeffrey S. Chase, June 7, 2019 "On May 31, the BIA published a precedent decision in Matters of Andrade Jaso and Carbajal Ayala . In that decision, Board Member Garry Malphrus (writing for a panel that included Hugh Mullane and Ellen Liebowitz) held that immigration judges have the authority to dismiss removal proceedings upon a finding that it is an abuse of the asylum process to file a meritless asylum application...
    • 7 Jun 2019

    OFLC Announces New H-2B Application Forms For Use Beginning July 3, 2019, and Schedule for Electronic Filing in the FLAG System

    OFLC, June 6, 2019 "The Office of Foreign Labor Certification (OFLC) has received OMB approval for revisions to the H-2B Application for Temporary Employment Certification (Form ETA-9142B) and corresponding appendices, and related forms and instructions. These revisions will better align information collection requirements with the Department's regulations, provide greater clarity to employers on regulatory...
    • 6 Jun 2019

    Aguirre Barbosa, Amended

    Aguirre Barbosa v. Barr, June 6, 2019 Court Staff Summary: "The panel filed: (1) an order denying Respondent’s motion to depublish and granting the motion to amend the opinion filed on March 28, 2019, and appearing at 919 F.3d 1169; and (2) an amended opinion. In the amended opinion, the panel granted in part and denied in part Pedro Aguirre Barbosa’s petition for review of a decision of the Board of...
    • 5 Jun 2019

    State Department Interim Final Rule: Diversity Immigrants (June 5, 2019)

    Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 "This interim final rule is promulgated to require alien petitioners for the Diversity Visa Program to provide certain information from a valid, unexpired passport on the electronic entry form. DATES: This interim final rule is effective June 5, 2019. The Department of State will accept comments up to July 5, 2019."
    • 5 Jun 2019

    CA7 on Divisibility - Najera-Rodriguez v. Barr

    Najera-Rodriguez v. Barr "Whether the Xanax possession conviction made Najera-Rodriguez removable depends on whether the Illinois criminal law under which he was convicted, 720 ILCS 570/402(c), is “divisible” for purposes of applying the “modified categorical approach” under the elaborate and sometimes technical body of law that has developed under federal recidivism statutes and their immigration...
    • 5 Jun 2019

    USCIS Asylum Memo: Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children (May 31, 2019)

    USCIS Asylum Division, May 31, 2019 "This memorandum provides updated procedures to U.S. Citizenship and Immigration Services (USCIS) asylum offices on asylum applications filed by unaccompanied alien children ("UACs", or "UAC" when referencing an individual unaccompanied alien child) under section 235(d)(7)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of...
    • 4 Jun 2019

    Collection of Social Media Identifiers from U.S. Visa Applicants

    State Department, June 4, 2019 "On May 31, 2019, the Department of State updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. This update – which we initially announced last year in the Federal Register – is a result of the President’s March 6, 2017, Memorandum on Implementing...
    • 4 Jun 2019

    OFLC Announces Schedule for Electronic Filing of Prevailing Wage Requests in the Foreign Labor Application Gateway (FLAG) System

    OFLC, June 4, 2019 "As part of the Department’s technology modernization initiative, the FLAG System is being developed to improve customer service and modernize the administration of foreign labor certification programs through the Employment and Training Administration’s Office of Foreign Labor Certification (OFLC). Technology is a key enabler for OFLC to deliver the highest quality customer service...
    • 4 Jun 2019

    Unpub. BIA Victory: Mexico, WH/CAT, Imputed Nationality

    Amanda Gray writes: "I wanted to share this great withholding decision I received today. The BIA reversed [an IJ in] Salt Lake City in a detained withholding / CAT case (client is in Tacoma, WA in withholding only proceedings) on the grounds that my client had suffered past persecution at the hands of local [Mexican] police on account of his imputed nationality as a U.S. citizen. The BIA remanded to the IJ to give...
    • 3 Jun 2019

    Jeffrey S. Chase: Latest Pereira Developments

    Jeffrey S. Chase, June 3, 2019 "I have previously discussed the implications of the Supreme Court’s 2018 decision in Pereira v. Sessions here and here . There are two aspects to the Pereira decision. The first is the narrow issue presented to the Supreme Court, concerning whether the service of a purported charging document (known as a Notice to Appear, or “NTA”) that is defective in its lack...