October 15, 2024

Transcript and Audio of Bouarfa v. Mayorkas Oral Argument

Supreme Court, Oct. 15, 2024 Transcript here . Audio here . Case documents here .

October 15, 2024

Department of State/AILA Liaison Committee Meeting October 10, 2024

DOS, Oct. 11, 2024 "The Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in coordination with the Visa Office in the Bureau of Consular Affairs, appreciates the opportunity to discuss issues of concern to the American Immigration Lawyers Association (AILA). We believe these discussions, and publication of Department responses to issues raised by AILA on Travel.State...

October 11, 2024

Samma Amicus Brief (Oct. 9, 2024)

BRIEF OF AMICI CURIAE AMERICAN IMMIGRATION COUNCIL, THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION, AND MARGARET STOCK IN SUPPORT OF PLAINTIFFS-APPELLEES AND OF AFFIRMANCE - filed Oct. 9, 2024 "Amici submit this brief to emphasize the lengthy and well-established legislative and practical history of immediate naturalization eligibility to those noncitizens who make the sacrifice of serving in the United States military...

October 11, 2024

Visa Bulletin for November 2025

Visa Bulletin for November 2025 See Notes D & E: D. EMPLOYMENT FOURTH PREFERENCE RELIGIOUS WORKERS (SR) CATEGORY EXTENDED H.R. 9747, signed on September 26, 2024, extended the Employment Fourth Preference Certain Religious Workers (SR) category until December 20, 2024. No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight December 19, 2024. Visas issued prior...

October 10, 2024

Audio of CA5 Oral Argument: Texas v. USA (DACA, Oct. 10, 2024)

CA5, Oct. 10, 2024, MP3 recording 23-40653 10/10/2024 State of Texas v. USA Brian Boynton- Jeremy M. Feigenbaum- Joseph N. Mazzara- Nina Perales-

October 10, 2024

International Entrepreneur Parole Threshold Adjustments

USCIS, Oct. 10, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reflect the recently published final rule to codify the automatic adjustment of the investment, award, grant, and revenue thresholds for international entrepreneur parole. The guidance also clarifies the process for submitting biometrics for applicants who reside outside the United States...

October 08, 2024

OFLC Disaster News (Vermont, Hurricane Helene)

Major Disaster Vermont Severe Storms, Flooding, Landslides, and Mudslides Impacted Areas Frequently Asked Questions September 30, 2024 Major Disaster Hurricane Helene Impacted Areas Frequently Asked Questions September 30, 2024

October 08, 2024

CA9 on Asylum, Mexico, Evidence, Nexus: Meza Diaz v. Garland

Meza Diaz v. Garland "Petitioner Briseyda Meza Diaz (“Meza Diaz”) and her minor daughter, Gabriela Segundo Meza (“GSM”), fled Mexico after suffering a home invasion by hooded, armed men who held a weapon to Meza Diaz’s head, told her that she was going to die, and then beat her unconscious. The home invasion followed years of death threats received by Meza Diaz after her brother was...

October 08, 2024

USCIS on Refugee Processing

Q & A and slides from Sept. 12, 2024 Stakeholder Engagement

October 05, 2024

No Re-Parole for Migrants from Cuba, Venezuela, Haiti, and Nicaragua

Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua to lapse, forcing hundreds of thousands of people to find other methods to stay in the country or face deportation. ... The impact of Friday’s decision depends on a person’s nationality. Migrants from Haiti...

October 04, 2024

CA9 on Credibility, Internal Relocation: Singh v. Garland

Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his petition for asylum.1 He argues that the agency erred by misapplying Matter of R-K-K-, 26 I. & N. Dec 658 (BIA 2015), which permits immigration judges to consider strikingly similar affidavits submitted...

October 02, 2024

Court Allows Legal Challenge to CBP One Turnback Policy to Proceed

CGRS, Oct. 1, 2024 "Last night, a federal judge ruled in a case challenging the Biden administration’s policy of turning back asylum seekers who approach ports of entry along the southern border without first obtaining an advance appointment. The court considered the administration’s motion to dismiss the lawsuit and ultimately allowed the case to proceed. The lawsuit was filed last summer on behalf...

October 02, 2024

Free Webinar on Garcia Perez Settlement Agreement (Asylum EAD Clock)

Northwest Immigrant Rights Project and National Immigration Litigation Alliance, Oct. 2, 2024 " FREE WEBINAR Today, Oct. 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific On September 26, a U.S. district court approved the settlement agreement in Garcia Perez v. USCIS , a nationwide class action regarding USCIS and EOIR policies preventing asylum seekers from obtaining authorization to work while their asylum...

October 02, 2024

Extraordinary Ability Criteria Clarification - USCIS Policy Alert, Oct. 2, 2024

USCIS, Oct. 2, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to further clarify the types of evidence that we may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications. This policy guidance: Confirms that we consider a person’s receipt of team awards under the criterion for lesser nationally or internationally...

October 01, 2024

Presidential Determination on Refugee Admissions for Fiscal Year 2025

White House, Sept. 30, 2024 "MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Presidential Determination on Refugee Admissions for Fiscal Year 2025 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), and after appropriate consultations with the Congress, I hereby...

October 01, 2024

October 2024 PERM Tip #1: Preemployment Screening Requirements for PERM

BIB Daily presents bimonthly PERM practice tips from Ron Wada , member of the Editorial Board for Bender’s Immigration Bulletin and author of the 10+ year series of BALCA review articles, “Shaping the Future of PERM.” Questions or comments may be sent to Ron at ron.wada@tandslaw.com. Should an employer’s preemployment screening requirements (e.g., reference checks, criminal background checks...

October 01, 2024

No Injury, No Standing: Texas v. Mayorkas (Public Charge)

Texas v. Mayorkas "In September 2022, after a notice-and-comment period, the Biden administration promulgated a new Rule redefining the term ["public charge"]. In response, the State of Texas brought this action under the Administrative Procedure Act, challenging the Biden administration’s actions related to repealing the 2019 Rule and implementing the 2022 Rule. Texas has three claims. It alleges...

October 01, 2024

Biden Amends Asylum Proclamation

White House, Sept. 30, 2024 "...I have now concluded that in order to better achieve Proclamation 10773’s goal of enhancing our ability to address historic levels of migration and more efficiently process migrants arriving at the southern border, that proclamation should include unaccompanied children from both non-contiguous and contiguous countries in the calculation of encounters. Consistent with section...

September 30, 2024

Diversity Visa Instructions for DV-2026

This document is scheduled to be published in the Federal Register on 10/01/2024 "This public notice provides information on how to apply for the DV-2026 Program and is issued pursuant to the Immigration and Nationality Act. ... Applicants must submit entries for the DV-2026 program electronically at dvprogram.state.gov between 12:00 pm (noon), Eastern Daylight Time (EDT) (GMT-4), Wednesday, October 4, 2023, and...

September 30, 2024

Asylum Final Rule: Eff. Oct. 1, 2024

Here is the rule. Here is the Fact Sheet.

September 27, 2024

Litigation News: T Visa Victories in Vermont

On Sept. 27, 2024 federal judge Geoffrey W. Crawford granted summary judgment for the plaintiffs in two cases, L.A.A.M. v. Zuchowski and C.M.Z. v. Zuchowski . Hats off to superlitigator Jesse Bless !

September 27, 2024

Garcia-Perez v. USCIS FINAL Settlement: Practice Alert and Webinar Information Regarding New EOIR and USCIS Polices Regarding the Asylum EAD Clock

NILA, Sept. 26, 2024 "Today, a U.S. district court approved the settlement agreement in Garcia Perez v. USCIS , a nationwide class action regarding USCIS and EOIR policies preventing asylum seekers from obtaining authorization to work while their asylum claims are pending. The case challenged policies and practices related to the Asylum EAD Clock, which governs when people with pending asylum applications can apply...

September 27, 2024

USCIS Extends Certain Fee Exemptions and Expedited Processing for Afghan Nationals

USCIS, Sept. 27, 2024 "Today, in continued support of Enduring Welcome, and by congressional directive, U.S. Citizenship and Immigration Services announced it is extending and expanding some previously announced  filing fee exemptions and expedited application processing for certain Afghan nationals. This will help Afghan nationals continue to resettle and, in many cases, reunite with family in the United States...

September 25, 2024

Age Calculation Under the Child Status Protection Act - 9-25-24 USCIS Policy Alert

USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire requirement using the date that the immigrant visa first became available when that immigrant visa is continuously available for a 1-year period without any intervening visa unavailability. • Clarifies that under circumstances...

September 25, 2024

NILA Practice Advisory: VENUE CHALLENGES IN APA IMMIGRATION CASES

NILA, Sept. 25, 2024 "Increasingly, U.S. Citizenship and Immigration Services (USCIS) and other immigration agencies are challenging venue in U.S. district court lawsuits brought by noncitizens and/or their employers under the Administrative Procedure Act (APA), 5 U.S.C. § 701, et seq. There are two distinct types of venue challenges that an agency may bring. First, it could challenge venue as being wrong...