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...
Bouarfa v. Mayorkas Issue: Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. Case below: 75 F.4th 1157 (11th Cir....
Federal Register / Vol. 89, No. 84 / Tuesday, April 30, 2024 "On December 19, 2016, the Department of Homeland Security (DHS) published an interim final rule (2016 interim rule) amending its regulations...
Avila de la Rosa v. Garland
"Cristian Avila de la Rosa received a procedurally defective Notice to Appear for his immigration removal proceedings, and (unlike many others) he made a timely objection to that Notice. The immigration judge, however, disregarded Avila’s objection, and the Board of Immigration Appeals thereafter insisted that Avila was not entitled to relief unless he could demonstrate prejudice from the defective Notice. The Board erred in doing so; we thus grant Avila’s petition for review and remand for further proceedings. ... A noncitizen who raises a timely objection to a noncompliant Notice to Appear, consistent with Niz-Chavez and Ortiz-Santiago, is entitled to relief without also having to show prejudice from the defect. ... The BIA erred by requiring Avila to show prejudice from his defective Notice to Appear, even though Avila filed a timely objection and thus invoked the benefits of the mandatory claim-processing rules of section 1229. We thus GRANT his petition for review and REMAND his case to the Board for further proceedings."
[Hats off to Mary Schnoor (formerly at Jones Day, now at DHS) and Chuck Roth at NIJC!]