Immigration Law

    • 22 Sep 2018

    The Supreme Court, EOIR and a Little Thing Called ISS - Matthew Hoppock

    Matthew Hoppock, Sept. 20, 2018 - Post-Pereira, the DOJ Chooses Harsh IJ Performance Metrics Over Compliance With Supreme Court Mandate "It is starting to appear the Department of Justice has chosen not to comply with the Supreme Court’s decision in Pereira v. Sessions because doing so would conflict with the agency’s self-imposed deportation quotas it is placing on Immigration Judges, which go into...
    • 20 Sep 2018

    NLRB on Unions, E-Verify: The Ruprecht Co. and UNITE HERE Local 1

    The Ruprecht Co. and UNITE HERE Local 1 - "Respondent violated the Act by unilaterally transferring bargaining unit work to temporary employment agency employees, unilaterally enrolling in E-Verify, dealing directly with bargaining unit employees over severance pay and a general release of claims against the Respondent, and refusing to provide the Union with unredacted copies of letters from the U.S. Immigration...
    • 19 Sep 2018

    CA9 on Egregious 4th Amendment Violation: Sanchez II

    Sanchez v. Sessions, Sept. 19, 2018 - "As Judge Pregerson poignantly described in our prior opinion: “This case is about Luis Sanchez, a small boat owner, who took some friends on a fishing trip within United States territorial waters, and ended up in removal proceedings before an immigration judge (“IJ”) under section 240 of the Immigration and Nationality Act, 8 U.S.C. § 1229a.” Sanchez...
    • 19 Sep 2018

    Obituary: Michael A. Bander, Miami Immigration Lawyer

    "Michael Alan Bander, a 45-year Miami resident, U.S. Army veteran, and one of the deans of the immigration bar, died suddenly at his summer home in Spruce Head, ME, on Sunday, Sept. 16, at age 79. He was recognized in publications such as Best Lawyers in America and through his membership in IMMLAW , the consortium of outstanding U.S. immigration lawyers providing services in U.S. port cities, which he helped organize...
    • 19 Sep 2018

    A.G. Sessions Questions Matter of X-K-, Asks for Amicus Briefs: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)

    Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018) "Pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2018), I direct the Board of Immigration Appeals (“Board”) to refer this case to me for review of its decision. The Board’s decision in this matter is automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist me in my review, I invite the parties...
    • 18 Sep 2018

    A.G. Sessions on IJ Authority: Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018)

    Matter of S-O-G- & F-D-B-, 27 I&N Dec. 462 (A.G. 2018) (1) Consistent with Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), immigration judges have no inherent authority to terminate or dismiss removal proceedings. (2) Immigration judges may dismiss or terminate removal proceedings only under the circumstances expressly identified in the regulations, see 8 C.F.R. § 1239.2(c), (f), or where the Department...
    • 18 Sep 2018

    From Family Detention to Family Separation and Back - Video

    Video here for "the inaugural event in the series, From Family Detention to Family Separation and Back draws attention to the multiple chapters of this sordid tale. Participants Efrén Olivares of the Texas Civil Rights Project, Carlos M. García of García & García Attorneys at Law (and crimmigration.com sponsor), and Anita Maddali from Northern Illinois University will discuss family...
    • 18 Sep 2018

    Senators Raise Concerns Over Castro-Tum, Recalendaring

    Letter, Sept. 13, 2018 - "Dear Secretary Nielsen and Attorney General Sessions: We write today to express our concerns about recent reports that Immigration & Customs Enforcement (ICE) intends to request the recalendaring of thousands of deportation cases that are currently administratively closed. [1] We are troubled by this initiative, following a decision by Attorney General Jeff Sessions that stripped immigration...
    • 14 Sep 2018

    CA2 on Derivative Citizenship: Khalid v. Sessions

    Khalid v. Sessions - "Petitioner Mohammed Hassan Faizan Khalid petitions for review of a September 14, 2016, decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) order of removal. The Department of Homeland Security instituted removal proceedings against Khalid after he was convicted of conspiring to provide material support for terrorism in violation of 18 U.S.C. §...
    • 14 Sep 2018

    Crimmigration Law & Policy Event: From Family Detention to Family Separation and Back (Sept. 17, 2018)

    Crimmigration - "When Attorney General Sessions announced the Trump administration’s family separation policy, all eyes turned to the border. In countless reports, we saw parents brought to federal courts without a clue about their children’s whereabouts and kids winding up in federal custody suddenly alone. Soon enough, the family separation policy reverberated throughout the country. By the time President...
    • 12 Sep 2018

    Visa Bulletin for October 2018

    Visa Bulletin for October 2018
    • 12 Sep 2018

    BIA on Aggravated Felony, Obstruction of Justice: Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018)

    Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) (1) An “offense relating to obstruction of justice” under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), encompasses offenses covered by chapter 73 of the Federal criminal code, 18 U.S.C. §§ 1501–1521 (2012), or any other Federal or State offense that involves (1) an affirmative...
    • 10 Sep 2018

    Table of Contents, Sept. 15, 2018 Bender's Immigration Bulletin

    No, not the free daily blog, www.bibdaily.com . I mean the bi-weekly magazine . (Subscription only; ask your LexisNexis rep for pricing, bundles.) Here's a link to a PDF of the cover and ToC of the Sept. 15, 2018 issue. Highlight: "Shaping the Future of PERM — BALCA Highlights, 1Q & 2Q 2018, by RON WADA"
    • 10 Sep 2018

    Without Evidence, Sessions Claims 'Vast Majority' of Asylum Applications 'Not Valid'

    Sept. 10, 2018 - In an extraordinary indictment of immigration lawyers, Attorney General Sessions claims, without evidence , that "the vast majority of the current asylum claims are not valid under the law." Here is his attack on lawyers: "Good lawyers, using all of their talents and skill, work every day — like water seeping through an earthen dam — to get around the plain words of the INA...
    • 7 Sep 2018

    DHS/HHS Proposed Rule to Gut Flores Settlement Agreement

    Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 - "The U.S. Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) (‘‘the Departments’’) propose to amend regulations relating to the apprehension, processing, care, custody, and release of alien juveniles. In 1985, plaintiffs in a class action lawsuit, Flores v. Reno, challenged the policies...
    • 4 Sep 2018

    Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)

    Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa petitions that were previously approvable are now subject to difficult to overcome Requests for Evidence . Even after valiantly submitting evidence to overcome an RFE, the...
    • 4 Sep 2018

    El Salvador TPS: Automatic Employment Authorization Document (EAD) Extension

    USCIS, Aug. 31, 2018 - "USCIS is automatically extending the validity of certain EADs issued under TPS El Salvador through March 4, 2019. If you are a TPS beneficiary under the El Salvador designation and your EAD is based on your TPS, your EAD may now be valid through March 4, 2019, if your EAD includes a category code of A12 or C19, you have not received your new EAD, and: Your EAD has a marked expiration...
    • 4 Sep 2018

    The BIA vs. the Supreme Court (Jeffrey S. Chase, Sept. 1, 2018)

    Jeffrey S. Chase, Sept. 1, 2018 - "Although it hasn’t caught the attention of the public or the media, the Supreme Court’s June 21 decision in Pereira v. Sessions has inspired immigration lawyers this summer, giving reason to hope and dream. Unfortunately, the case’s importance gets lost in the details to those not proficient in the field of immigration law. The issue that the Supreme Court agreed...
    • 31 Aug 2018

    BIA Pushes Back Against Pereira: Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018)

    Matter of Bermudez-Cota, 27 I&N Dec. 441 (BIA 2018) - A notice to appear that does not specify the time and place of an alien’s initial removal hearing vests an Immigration Judge with jurisdiction over the removal proceedings and meets the requirements of section 239(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229(a) (2012), so long as a notice of hearing specifying this information is later...
    • 31 Aug 2018

    CA9 on False Claim, Form I-9: Diaz-Jimenez v. Sessions

    Diaz-Jimenez v. Sessions - "There is nothing in the record showing that Diaz ever filled out a Form I–9. There is therefore nothing in the record to show that he made a false representation of citizenship under § 1324a(b)(2), and that, as a consequence, he made a false representation of citizenship within the meaning of § 1182(a)(6)(C)(ii)(I). We grant the petition for review and remand for further...
    • 30 Aug 2018

    CA9 on Asylum, Withholding, CAT, El Salvador, FMLN, Mara Salvatrucha: Quiroz Parada v. Sessions

    Quiroz Parada v. Sessions - "Moris Alfredo Quiroz Parada fled his native El Salvador in 1991 at the age of seventeen after he and his family were the victims of threats, home invasions, beatings, and killings at the hands of Frente Farabundo Martí para la Liberación Nacional (FMLN) guerillas. Twenty-four years after he first applied for asylum, Quiroz Parada petitions for review of a decision of the...
    • 30 Aug 2018

    CA9 on Taylor, Divisibility, Modified Categorical Approach: Lorenzo v. Sessions

    Lorenzo v. Sessions - "This case raises a novel yet straightforward question in our application of Taylor v. United States, 495 U.S. 575 (1990): whether the Taylor analysis must be performed twice if a state statute contains two layers of disjunctive lists. We hold Taylor applies to both layers of the statute. Following this approach, we conclude the definition of “methamphetamine” applicable to convictions...
    • 30 Aug 2018

    Justice Department Settles Immigration-Related Discrimination Claim Against International Law Firm

    DOJ, Aug. 29, 2018 - "The Justice Department today announced that it reached a settlement agreement with Clifford Chance US LLP, a large, international law firm with its U.S. headquarters located in New York. This agreement resolves the Department’s investigation into whether the law firm engaged in hiring discrimination by refusing to consider work-authorized non-U.S. citizens and dual citizens to staff a...
    • 30 Aug 2018

    USCIS to Raise Premium Processing Fee to $1,410 - Federal Register Final Rule

    Federal Register / Vol. 83, No. 170 / Friday, August 31, 2018 - " The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI–U). The adjustment...
    • 29 Aug 2018

    BIA on Finality: Matter of J. M. Acosta, 27 I&N Dec. 420 (BIA 2018)

    Matter of J. M. Acosta, 27 I&N Dec. 420 (BIA 2018) (1) A conviction does not attain a sufficient degree of finality for immigration purposes until the right to direct appellate review on the merits of the conviction has been exhausted or waived. (2) Once the Department of Homeland Security has established that a respondent has a criminal conviction at the trial level and that the time for filing a direct appeal...