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July 25, 2024

DOL: Filing Tips and Recommendations Webinar for the 2024 H-2A Farmworker Protection Final Rule to be Held on August 7, 2024

DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the H-2A program made by the 2024 H-2A Farmworker Protection Final Rule. Participants of this webinar will receive helpful tips on the new forms, filing instructions, and explanation of the transition process. The Final Rule...

July 24, 2024

CA10 on Ineffective Assistance of Counsel: Atud v. Garland

Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective assistance of counsel. We conclude the BIA did not adequately explain its denial of that motion. We therefore grant the petition, vacate the BIA’s denial, and remand for further proceedings." [Hats off to...

July 24, 2024

CA9 on Credibility: Shen v. Garland

Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge (“IJ”) rejected her application in an order that found her not to be a credible witness, based on her demeanor and inconsistencies in her testimony. On appeal, the Board of Immigration Appeals (“BIA”...

July 24, 2024

International Entrepreneur Program; Final Rule; Technical Amendment

This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with respect to certain entrepreneurs of start-up entities. The 2017 regulation provided that the investment and revenue amount requirements would automatically adjust every three years. DHS is issuing this...

July 23, 2024

Good CA5 News: Membreno-Rodriguez Vacated

Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to the attorney who handled the PFR. They filed a motion for rehearing, which resulted in the Court ordering OIL to respond. OIL responded by agreeing to vacate the Court’s prior published decision. My understanding...

July 22, 2024

STEM News

Federal Register / Vol. 88, No. 132 / Wednesday, July 12, 2023 - "This notice announces that the Secretary of Homeland Security (Secretary) is amending the DHS STEM Designated Degree Program List by adding eight qualifying fields of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for each. No CIP codes from the existing list are being removed. The list is used...

July 20, 2024

IN MEMORIAM: PROFESSOR VANESSA H. MERTON, 1949–2024

Pace University, July 19, 2024 "Professor Merton began her legal education career at New York University School of Law, and was a founding faculty member of CUNY Law School, and a Mellon and National Endowment for the Humanities Fellow. She joined Haub Law’s faculty in 1989 and served as Associate Dean for Clinical Education and Executive Director of John Jay Legal Services, while creating and teaching...

July 19, 2024

TPS for Somalia Extended, Redesignated

DHS, July 19, 2024 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Somalia for Temporary Protected Status for 18 months, from September 18, 2024, to March 17, 2026, due to conditions in Somalia that prevent individuals from safely returning. After consulting interagency partners, Secretary Mayorkas determined that an 18-month extension and redesignation of...

July 18, 2024

USCIS Policy Alert, July 18, 2024 - Children’s Acquisition of Citizenship Provisions

USCIS, July 18, 2024 "The Immigration and Nationality Act (INA) provides that U.S. citizens may transmit citizenship to their children born outside of the United States in certain circumstances. Children who were born outside of the United States to a U.S. citizen parent or parents may obtain U.S. citizenship at birth. Children may also obtain citizenship after birth, but before the age of 18, through their U.S...

July 18, 2024

CA1 on Past Persecution: Paye v. Garland

Paye v. Garland "The BIA and IJ (collectively, "the agency") did not address whether Paye's escape from Liberia because of systematic ethnic cleansing and genocide of the Krahn people during the Liberian civil war constituted past persecution. This hindered our ability to meaningfully review the agency's denial of withholding of removal. Accordingly, we vacate and remand." NOTE: ICE, in...

July 18, 2024

PIP for Mixed-Status Families to Open Aug. 19, 2024

We are still waiting for the official Federal Register notice, but on July 17, 2024 the White House issued a Fact Sheet including this statement: "On June 18th, the President announced a new process to help U.S. citizens with noncitizen spouses and children who have been here for 10 years or more keep their families together. This new action - which will help certain noncitizen spouses and children apply for lawful...

July 16, 2024

USCIS Policy Alert: EB-5 Regional Center Noncompliance and Sanctions

USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality Act (INA) by the EB-5 Reform and Integrity Act of 2022 (RIA) relating to the consequences to regional centers, new commercial enterprises, job creating entities, and investors for noncompliance in the EB-5 program.&q...

July 15, 2024

DOS: Easing the Nonimmigrant Visa Process for U.S. College Graduates

DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college in the United States and have a job offer. As part of this initiative, the Department clarified existing guidance to consular officers related to when they should consider recommending that DHS grant a waiver of ineligibility...

July 14, 2024

Does the Signing of the I-485 Supplement J By a New Employer Constitute Visa Sponsorship?

Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs or employers while their adjustment of status (Form I-485) application is pending. Portability becomes available once the I-485 has been pending for at least 180 days. It must be exercised by submitting Supplement J ...

July 11, 2024

Advance Copy of DOS Final Rule: Regulatory Changes to Accreditation and Approval Regulations in Intercountry Adoption

This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend requirements for accreditation and approval by the United States to provide adoption services in intercountry adoption cases. This rule amends regulations to provide clarification, updates, or other adaptation of familiar...

July 10, 2024

Visa Bulletin for August 2024

Visa Bulletin for August 2024

July 09, 2024

CA4 on Naturalization, Burden of Proof: Azumah v. USCIS

Azumah v. USCIS - Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Thacker joined. Judge Richardson wrote a separate opinion concurring in part and concurring in the judgment. ARGUED: Benjamin Ross Winograd, IMMIGRANT & REFUGEE APPELLATE CENTER, LLC, Alexandria, Virginia, for Appellant. ON BRIEF: Ava Cayetano Benach, BENACH COLLOPY LLP, Washington, D.C., for Appellant. "As...

July 08, 2024

TPS for Yemen Extended, Redesignated

DHS media release here . Advance copies of FR notices here and here .

July 05, 2024

EOIR on Classified Information

June 18, 2024 memo from Chief IJ Sheila McNulty July 1, 2024 memo from CAIJ David H. Wetmore

July 05, 2024

CA8 on Nexus, Evidence: Rivera v. Garland

Rivera v. Garland "The BIA and IJ both failed to conduct the required careful examination of the record to determine whether religion may have been one of multiple central reasons for the gang members’ persecution of Rivera. ... Neither the BIA nor the IJ considered the possibility that Rivera’s religion could have been an additional central reason for his persecution. This was error. The BIA and IJ...

July 04, 2024

EOIR Launches Respondent Access Portal

EOIR, July 2, 2024 "The Executive Office for Immigration Review (EOIR) today announced the launch of Respondent Access Portal , a secure online platform that allows unrepresented individuals who have a hearing scheduled before EOIR to view their case information and scheduled hearings online, download their electronic case file, and file documents with the immigration court."

July 04, 2024

Colo. Ct. App. on 287(g) - Nash v. Mikesell

Nash v. Mikesell "A division of the court of appeals considers whether Colorado law prohibits state or local law enforcement officers from performing the arrest and detention functions of federal immigration officers under an agreement executed pursuant to 8 U.S.C. § 1357(g). The division concludes that the agreement violates Colorado law. Specifically, it concludes that state or local law enforcement officers...

July 02, 2024

Sup. Ct. Takes Up Voluntary Departure Case: Velazquez v. Garland (CA10)

VELAZQUEZ V. GARLAND DECISION BELOW: 88 F.4th 1301 (CA10) CERT. GRANTED 7/2/2024 QUESTION PRESENTED: Federal immigration law allows the government to grant a "voluntary departure" period of up to 60 days to a noncitizen "of good moral character" who receives an adverse decision in removal proceedings. 8 U.S.C. §1229c(b). If the noncitizen fails to depart during that window, he or she is...

July 02, 2024

CA9 on Crime of Violence, CIMT, Reopening: Gutierrez v. Garland

Gutierrez v. Garland "Sergio Manrique Gutierrez petitions for review of a Board of Immigration Appeals (“BIA”) decision dismissing his appeal of an order of removal by an Immigration Judge (“IJ”) based on Gutierrez’s conviction of an aggravated felony crime of violence and for having been convicted of two crimes of moral turpitude. The BIA affirmed the IJ’s holding that Gutierrez’s...

July 02, 2024

BIA Amicus Invitation (due July 29, 2024)

BIA, June 28, 2024 "The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue(s): ISSUE(S) PRESENTED: What is the scope of the Immigration Judge’s duty to develop the record for a pro se respondent? See, e.g., Arteaga-Ramirez v. Barr, 954 F.3d 812 (5th Cir. 2020); Matter of J-F-F-, 23 I&N Dec. 912, 922 (A.G. 2006); Matter of S-M...