Immigration Law

    • 20 Oct 2018

    CA5 on Retroactivity: Lopez Ventura v. Sessions

    Lopez Ventura v. Sessions - "Because the application of § 1182(a)(2)(A)(i)(II) to Lopez Ventura is impermissibly retroactive, we grant the petition for review, reverse the order of the BIA, and remand for the BIA to determine whether Lopez Ventura was convicted of possessing marihuana or, instead, AB-CHMINACA." [Hats off to Luke Abrusley, with help from Chuck Roth, Manny Vargas, Maria Baldini-Potermin...
    • 19 Oct 2018

    Matter of Negusie, 27 I&N Dec. 481 (A.G. 2018)

    Matter of Negusie, 27 I&N Dec. 481 (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 Oct 2018

    What Disclaimer? ~ USCIS Ignores Labor Department Warning That the Occupational Outlook Handbook Never Be Used for Legal Purposes

    Angelo A. Paparelli and Gabriel Mozes, Oct. 18, 2018 - " [Blogger’s Note: Today’s post originates from a discovery – a gem hidden in plain sight – first brought to my attention by Gabe Mozes , my immigration partner at Seyfarth Shaw, and co-author of this piece. Great immigration lawyer that he is, Gabe raised a particularly galling example of how U.S. Citizenship and Immigration Services...
    • 18 Oct 2018

    Prof. Stephen W. Yale-Loehr on Potential Student Visa Rule

    Elizabeth Redden, IHE, Oct. 18, 2018 - "The Trump administration published notice on Wednesday that it intends to propose a new rule in fall 2019 establishing a maximum period of authorized stay for international students and other holders of certain nonimmigrant visas. The government says the planned rule is "intended to decrease the incidence of nonimmigrant student overstays and improve the integrity of...
    • 17 Oct 2018

    BIA on UAC Jurisdiction: Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018)

    Matter of M-A-C-O-, 27 I&N Dec. 477 (BIA 2018) An Immigration Judge has initial jurisdiction over an asylum application filed by a respondent who was previously determined to be an unaccompanied alien child but who turned 18 before filing the application.
    • 16 Oct 2018

    Debriefing Preap: Chacón, Johnson and Margulies

    On October 10, 2018, the Supreme Court heard oral argument in an immigration case, Sessions v. Preap . Three experts help us understand the case and how the Court might rule: Prof. Jennifer M. Chacón - Are there limits to the government’s power to detain immigrants without a hearing? Prof. Kevin R. Johnson - Preap High Court Argument Focused On Immediacy Of 'When' Prof. Peter Margulies ...
    • 15 Oct 2018

    'FOIA Requests Are Not a Game of Battleship' - GAP v. DHS

    GAP v. DHS - "FOIA requests are not a game of Battleship. The requester should not have to score a direct hit on the records sought based on the precise phrasing of his request. Rather, the agency must liberally interpret the request and frame its search accordingly. Guided by Summers and Bagwell, the Court concludes that DHS neither liberally construed GAP’s request, Nation Magazine, 71 F.3d at 890, nor conducted...
    • 15 Oct 2018

    Sessions Switches Horses on Matter of X-K- Query

    See: Matter of M-G-G-, 27 I&N Dec. 469 (A.G. 2018)(Sept. 18, 2018) Matter of M-G-G-, 27 I&N Dec. 475 (A.G. 2018)(Oct. 12, 2018) and Matter of M-S-, 27 I&N Dec. 476 (A.G. 2018)(Oct. 12, 2018)
    • 12 Oct 2018

    Visa Bulletin For November 2018

    Visa Bulletin For November 2018
    • 11 Oct 2018

    Transcript of Nielsen v. Preap SC Oral Argument

    USSC, Oct. 10, 2018 - "CHIEF JUSTICE ROBERTS: We'll hear argument first this morning in Case 16-1363, Nielsen, Secretary of Homeland Security, versus Preap. ..."
    • 10 Oct 2018

    Public Charge Proposed Rule Published; 60-Day Comment Period Opens (Federal Register, Oct. 10, 2018)

    Federal Register / Vol. 83, No. 196 / Wednesday, October 10, 2018 - "The U.S. Department of Homeland Security (DHS) proposes to prescribe how it determines whether an alien is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA) because he or she is likely at any time to become a public charge. Aliens who seek adjustment of status or a visa, or who are applicants...
    • 8 Oct 2018

    Aug. 15, 2017 Memo from ICE Legal on Enforcement Priorities, Prosecutorial Discretion (BuzzFeed)

    Hamed Aleaziz, BuzzFeed News, Oct. 8, 2018 - "Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and told that nearly all undocumented immigrants were priorities for deportation, according to a previously unreleased memo obtained by BuzzFeed News. The memo, which was...
    • 8 Oct 2018

    Permanent Injunction Granted in Cal. Sanctuary Cities Case

    San Francisco v. Sessions, Oct. 5, 2018 - "In agreement with every court that has looked at these issues, I find that: the challenged conditions violate the separation of powers; Section 1373 is unconstitutional; the Attorney General exceeds the Spending Power in violation of the United States Constitution by imposing the challenged conditions; the challenged conditions are arbitrary and capricious; California’s...
    • 8 Oct 2018

    Special Master / Independent Monitor Appointed in Flores: Andrea Sheridan Ordin

    Flores v. Sessions, Oct. 5, 2018 - "The Court hereby appoints Andrea Sheridan Ordin as the Special Master/Independent Monitor (“the Monitor”)."
    • 5 Oct 2018

    Public Charge Proposed Rule to be Published in FR on Oct. 10, 2018 with 60-Day Comment Window

    This document is scheduled to be published in the Federal Register on 10/10/2018 "The U.S. Department of Homeland Security (DHS) proposes to prescribe how it determines whether an alien is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA) because he or she is likely at any time to become a public charge."
    • 4 Oct 2018

    Trump Caps FY19 Refugee Admissions at 30,000

    Presidential Determination on Refugee Admissions for Fiscal Year 2019 "By the authority vested in me as President by the Constitution and the laws of the United States, in accordance with section 207 of the Immigration and Nationality Act (the “Act”) (8 U.S.C. 1157), after appropriate consultations with the Congress, and consistent with the Report on Proposed Refugee Admissions for Fiscal Year 2019...
    • 4 Oct 2018

    BIA on Maximum Possible Sentence: Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018)

    Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018) The amendment to section 18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence that could have been imposed for an alien’s State offense from 365 days to 364 days, does not affect the applicability of section 237(a)(2)(A)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i)(II) (2012), to...
    • 4 Oct 2018

    Supreme Court Oral Argument Preview: Nielsen v. Preap

    The Supreme Court will hear oral argument on October 10, 2018 in the case of Nielsen v. Preap. Jennifer M. Chacón , Professor of Law at UCLA School of Law, has this argument preview for SCOTUSblog: Justices once again consider proper scope of immigration law’s mandatory detention provision . Links to the briefs are here .
    • 4 Oct 2018

    Preliminary Injunction Halts Trump Push to End TPS for El Salvador, Nicaragua, Haiti, and Sudan: Ramos v. Nielsen

    ACLU, Oct. 3, 2018 - "Today, a federal district court issued a preliminary injunction blocking the Trump administration’s termination of legal status for beneficiaries of Temporary Protected Status (TPS) from El Salvador, Nicaragua, Haiti, and Sudan. The Trump administration had terminated the legal status for over 300,000 people from these countries who have lived legally in the United States for years or...
    • 3 Oct 2018

    A 'New and Dark Era' for Immigration Judges: Quotas and a 'Performance Dashboard'

    October 3, 2018 - If you are not yet a daily reader of Ret. Hon. Paul W. Schmidt 's blog, " Immigration Courtside ," get on board! Today's blockbuster post includes a memo from The Honorable A. Ashley Tabaddor, President, National Association of Immigration Judges, regarding the new "quota" regime for Immigration Judges. Please read it in full. Judge Schmidt concludes: "Everyone who loses...
    • 1 Oct 2018

    CA3 on Corroboration: Saravia v. Attorney General

    Saravia v. Attorney General - "This case concerns the Board of Immigration Appeals’ failure to follow precedent set forth by this Court. ... [W]e remind Immigration Judges in our Circuit that they must follow the requirements of Chukwu. We will vacate and remand." [Hats off to Gregory Bischoping [ARGUED] University of Pennsylvania Law School (Admitted pursuant to L.A.R. 46.3), Stuart T. Steinberg, Thomas...
    • 1 Oct 2018

    USCIS Policy Alert: Special Naturalization Provisions for Children (Sept. 26, 2018)

    USCIS, Sept. 26, 2018 - U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to amend the USCIS Policy Manual to clarify certain special naturalization provisions for children."
    • 1 Oct 2018

    Cert. Denied in Menocal v. GEO Group (Oct. 1, 2018)

    Jacqueline Stevens writes : " Supreme Court Conference Announcement: Cert Denied for Menocal et al. v. GEO Group, Inc. From October 1, 2018 Supreme Court Docke t for The GEO Group, Inc., Petitioner v. Alejandro Menocal, et al. In its petition last June, GEO reiterated arguments that lost in the Colorado federal district court, and lost in the Tenth Circuit appellate court. In urging the...
    • 1 Oct 2018

    CA9 Upholds Saravia Preliminary Injunction

    Saravia v. Sessions , court staff summary - "In an action arising from Immigration and Customs Enforcement’s rearrest and detention of noncitizens who came to this country as unaccompanied minors, the panel affirmed the district court’s grant of a preliminary injunction, requiring a prompt hearing before a neutral decisionmaker at which the minors could contest the basis for their rearrest. The plaintiffs...
    • 27 Sep 2018

    CA3 on Detention, Bond - Guerrero-Sanchez v. Warden

    Guerrero-Sanchez v. Warden - "[T]his case requires us to decide a novel question of immigration law in this Circuit: is the detention of an alien, such as Guerrero-Sanchez, who has a reinstated order of removal but is also pursuing withholding-only relief governed by § 1226(a) or § 1231(a)? If the former, then such aliens are statutorily permitted to a bond hearing. But if we find that § 1231(a) controls...