This document is scheduled to be published in the Federal Register on 05/08/2024 "This final rule makes several clarifications and updates the definitions currently used to determine whether a consumer...
TRAC, Apr. 2024 "At the end of March 2024, 3,524,051 active cases were pending before the Immigration Court."
Sanchez-Perez v. Garland "One day after he pleaded guilty to violating a Tennessee domestic-violence law, the federal government initiated removal proceedings against Jose Yanel Sanchez-Perez. Ultimately...
In a letter dated April 12, 2024 the State Department and USCIS discuss "concerns about biometrics collection for applicants for T nonimmigrant status and petitioners for U nonimmigrant status abroad...
Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 "This final rule adopts and replaces regulations relating to key aspects of the placement, care, and services provided to unaccompanied...
Garza-Flores v. Mayorkas
"For years, Petitioner Javier Garza-Flores did not believe he had a valid claim to U.S. citizenship. But now he thinks that he does. And he has presented documentary evidence sufficient to demonstrate, at a minimum, a genuine issue of material fact concerning his claim of U.S. citizenship. That is enough to warrant a factual proceeding before a federal district court to determine his citizenship. Accordingly, we transfer this matter to the U.S. District Court for the Southern District of Texas for a de novo review under 8 U.S.C. § 1252(b)(5)(B). ... Petitioner was also recently tried in district court for the crime of unlawful reentry into the United States. See United States v. GarzaFlores, 2021 WL 5771866 (S.D. Tex. Dec. 6, 2021). He defended himself on the ground that he is a U.S. citizen and thus entitled to return to the United States. As here, the criminal case turned on whether his father met the “physical presence” requirement. Id. at *6. Evaluating nearly identical evidence, the court determined that reasonable doubt existed as to his father’s requisite physical presence—and thus found him not guilty. Id. at *1, *6. Our conclusion in this case—that Petitioner has presented a genuine issue of material fact as to his citizenship—is certainly consistent with the judgment in his criminal case. * * * “United States citizenship is one of the greatest privileges this world has ever known.” Lopez v. Pompeo, 923 F.3d 444, 447 (5th Cir. 2019) (Ho, J., concurring). Garza-Flores has staked his claim to that precious right. And he has presented at least a genuine issue of material fact concerning that claim. Accordingly, we transfer this case to the U.S. District Court for the Southern District of Texas for a de novo determination of his citizenship claim under 8 U.S.C. § 1252(b)(5)(B)."
[Hats way off to Jaime M. Diez! (Also to Judge Ho, who penned this 2006 essay putting the definitive kibosh on John Eastman's 14th amendment tomfoolery.]