Immigration Law

    • 16 Aug 2018

    Sessions on Good-Cause Standard for Continuances: Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018)

    Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018) (1) An immigration judge may grant a motion for a continuance of removal proceedings only “for good cause shown.” 8 C.F.R. § 1003.29. (2) The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all. (3) The good-cause standard...
    • 16 Aug 2018

    Class Action Certified in Cambodian Detention Suit: Chhoeun v. Marin

    Chhoeun v. Marin - "This action challenges the Government’s policy of arbitrarily rounding up and placing in immigration detention individuals who have been living peaceably in our communities for years.1 Petitioners Nak Kim Chhoeun and Mony Neth claim that they, along with approximately 1,900 individuals, are subject to this policy. Chhoeun and Neth bring this putative class action on behalf of these 1,900...
    • 15 Aug 2018

    USCIS, ICE Set Trap for Green Card Applicants in New England

    ACLU, Aug. 14, 2018 - "Recently unsealed documents and depositions show the United States Department of Homeland Security (DHS) uses its own regulations – which were designed to protect the families of noncitizens from unnecessary separation during the legalization process – to target individuals for detention and deportation. The documents show U.S. Citizenship and Immigration Services (USCIS) actively...
    • 15 Aug 2018

    Immigration Cases Tossed in Fallout from Pereira

    Amy Taxin, Associated Press, Aug. 14, 2018 - "Immigration courts from Boston to Los Angeles have been experiencing fallout from a recent U.S. Supreme Court decision that has caused some deportation orders to be tossed and cases thrown out, bringing more chaos to a system that was already besieged by ballooning dockets and lengthy backlogs. The little-known ruling addressed what might seem like a narrow procedural...
    • 4 Oct 2017

    Jennings v. Rodriguez Supreme Court Oral Argument Transcript (Oct. 3, 2017)

    Transcript, U.S. Supreme Court Case 15-1204, Jennings v. Rodriguez, Oct. 3, 2017
    • 4 Oct 2017

    USCIS Resumes Premium Processing for All H-1Bs (Oct. 3, 2017)

    USCIS, Oct. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions."
    • 4 Oct 2017

    DOS Cable on DNA Testing (Jan. 24, 2017)

    UNCLASSIFIED 17 STATE 6984, Jan 24, 2017 - "Consular Officers should be made aware that 9 FAM 601.11-1 (A)(3) and 9 FAM 601.11-1 (B) have been amended to allow for submission of direct sibling-to sibling and half-sibling DNA test results as one way of establishing sibling relationships. Consular officers may now recommend direct sibling-to-sibling DNA testing and accept results of 99.5 percent or greater as probative...
    • 4 Oct 2017

    DOS Cable on EU Laissez-Passer (Apr. 7, 2017)

    UNCLASSIFIED 17 STATE 33754, Apr 07, 2017 - "9 FAM 402.3-4(C) and 9 FAM 403.9-3 have been updated to reflect the Department’s acceptance of the European Union’s ("EU ") new laissez-passer travel document ("EULP") as a "passport" for visa issuance and travel to the United States. Only A-1, A-2, and G-3 visas may be placed in an EULP for representatives and staff members of...
    • 4 Oct 2017

    DOS Cable on 90-Day Rule (Sept. 16, 2017)

    UNCLASSIFIED 17 STATE 95090, Sep 16, 2017 - "This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens who enter the United States and engage...
    • 3 Oct 2017

    H-1B Remand Victory: Next Generation Technology v. Johnson

    Next Generation Technology v. Johnson, Sept. 29, 2017 - "In this action, which is before this Court on consent pursuant to 28 U.S.C. 636(c), plaintiffs Next Generation Technology, Inc. (“NGT”) and Puspita Deo (“Deo”) (collectively, “Plaintiffs”) challenge, under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq., the final decisions of the United...
    • 3 Oct 2017

    Federal Court Enjoins DACA Revocation: Gonzalez Torres v. DHS

    Gonzalez Torres v. DHS, Sept. 29, 2017 - "For the reasons set forth herein, the court Grants Plaintiff’s Motion for Preliminary Injunction and (1) Orders that Defendants’ May 7, 2016 revocation of Plaintiff’s DACA status is vacated and Defendants are preliminary enjoined from enforcing the said revocation; (2) Orders that Defendants’ termination of Plaintiff’s EAD is vacated and Defendants...
    • 2 Oct 2017

    Transcript of Supreme Court Oral Argument, Sessions v. Dimaya (Oct. 2, 2017)

    Transcript of Supreme Court Oral Argument, Sessions v. Dimaya (Oct. 2, 2017)
    • 2 Oct 2017

    CA9 Affirms Hernandez v. Sessions Class Action Injunction (Unreasonable Immigration Bonds)

    Hernandez v. Sessions, Oct. 2, 2017 - "In the present case, the government appeals from the district court’s order entering a class-wide preliminary injunction in favor of Plaintiffs, a class of non-citizens in removal proceedings who are detained under 8 U.S.C. § 1226(a) in the Central District of California. The government has already determined that the class members are neither dangerous nor enough...
    • 29 Sep 2017

    EOIR GenCou Legal Opinion, Unaccompanied Alien Child, TVPRA (Sept. 19, 2017)

    Sept. 19, 2017, EOIR General Counsel - "You have asked the Office of General Counsel ("OGC") for a legal opinion addressing two issues: (I) whether the Department of Homeland Security's ("DHS") determination regarding an alien's status as an unaccompanied alien child ("UAC") is legally binding on the Executive Office for Immigration Review ("EOIR"); and (2) if an alien...
    • 29 Sep 2017

    Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal

    Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based on two CIMTs. Therefore, termination was proper."
    • 29 Sep 2017

    Trump Sent Judges to the Border; Many Had Nothing to Do - Politico

    Meredith Hoffman, Politico, Sept. 27, 2017 - "On September 4, immigration judge Denise Slavin followed orders from the Department of Justice to drop everything and travel to the U.S.-Mexico border. She would be leaving behind an overwhelming docket in Baltimore, but she was needed at “ground zero,” as Attorney General Jeff Sessions called it—the “sliver of land” where Americans take...
    • 27 Sep 2017

    Singaporean Teen Blogger Amos Yee Granted Asylum, Released from ICE Detention

    Sophia Tareen, Associated Press, Sept. 26, 2017 - "A teenage blogger from Singapore was released from U.S. custody on Tuesday following an immigration appeals court's decision to uphold his bid for asylum. Amos Yee, whose online posts mocking and criticizing the Singapore government twice landed him in jail there, left his homeland in December with the intention of seeking U.S. asylum. But federal immigration...
    • 27 Sep 2017

    Judges Ream DOJ Lawyers Over DACA Deadline, Discovery

    Adam Klasfeld, Courthouse News, Sept. 26, 2017 - "Furious at the Department of Homeland Security for racing to extinguish an Obama-era program that defers the deportation of qualifying young immigrants, a federal judge slammed their deadline obstinance as “heartless” on Tuesday. “You can’t come in here, into court, to espouse a position which is heartless,” U.S. District Judge Nicholas...
    • 26 Sep 2017

    Supreme Court Oral Argument Preview: Jennings v. Rodriguez

    Prof. Kevin Johnson, Sept. 26, 2017 - "Detention as a tool of immigration enforcement has increased dramatically following immigration reforms enacted in 1996. Two Supreme Court cases at the dawn of the new millennium offered contrasting approaches to the review of decisions of the U.S. government to detain immigrants. In 2001, in Zadvydas v. Davis , the Supreme Court interpreted an immigration statute to require...
    • 25 Sep 2017

    Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer

    Cyrus Mehta, Sept. 25, 2017 - " ... An article in Reuters by Yeganeh Torbati entitled “ Trump administration red tape tangles up visas for skilled foreigners, data shows ,” where I have been quoted, brilliantly shines the torch on the dreaded RFE and how it is used to distort a visa program even though this was not the intention of Congress. This article has made the RFE a household name. What the government...
    • 25 Sep 2017

    IJ Orders Release of Child at Berks on Recognizance

    On Aug. 16, 2017, Immigration Judge Walter A. Durling ordered the release on recognizance of a child who had been detained at the Berks County, PA "baby jail" for over 650 days. Please read his decision in full. Hats off to Bridget Cambria and team!
    • 25 Sep 2017

    CA3 on Credibility, Clear Error: Alimbaev v. Atty. Gen.

    Alimbaev v. Atty. Gen., Sept. 25, 2017 - "This disconcerting case, before our Court for the second time, has a lengthy procedural history marked by conflict between the Board of Immigration Appeals (BIA) and the Immigration Judge (IJ) and fueled by troubling allegations that Petitioner, an Uzbek national, relished watching violent terroristic videos, while apparently harboring anti-American sympathies. The issue...
    • 21 Sep 2017

    Deportations in the Dark: Lack of Process and Information in the Removal of Mexican Migrants

    Sara Campos, Esq. and Guillermo Cantor, Ph.D., September 19, 2017 - "U.S. immigration officials have a long and checkered history of mistreating migrants at the Southern border. Allegations of abuse throughout the apprehension, detention, and deportation process are not new; migrants have voiced complaints for years, with litigation dating back several decades. A more dismal future for migrants looms today, as...
    • 21 Sep 2017

    CA9 on Departure as Waiver of Right to Appeal: Chavez-Garcia v. Sessions

    Chavez-Garcia v. Sessions - "We grant ChavezGarcia’s petition for review because his departure from the United States, without more, does not provide clear and convincing evidence of a “considered” and “intelligent” waiver of the right to appeal." [Hats off to Prof. Gowri Ramachandran (argued), Supervising Attorney; Alexandra Angel (argued), Charlie Wang (argued) Samuel Barry...
    • 21 Sep 2017

    Tilting at Windmills and the Rule of Law - Prof. Michael A. Olivas on DACA

    Prof. Michael A. Olivas, Sept. 21, 2017 - "For over 35 years, I have taught Immigration Law and Higher Education Law as a professor at the UH Law Center. I have spent most of my professional life and personal commitment to improving life for immigrants and to representing clients with legitimate claims to refuge and safe harbor. I have always considered myself an officer of the court, dedicated to zealous advocacy...