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...
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...
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 ...
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...
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...
Tarik H. Sultan writes: "Applicant, married to U.S. citizen husband with U.S. citizen children, filed adjustment with INA § 212(i) waiver to address pre-1996 false claim to citizenship. USCIS denied adjustment, finding her inadmissible for alien smuggling because her underage brother had also made a pre-1996 false claim at the same time. USCIS did not adjudicate the applicant’s § 212(i) waiver, finding that the inadmissibility for alien smuggling was determinative as there is no waiver available. Applicant appealed and AAO initially upheld the denial based on alien smuggling, pointing out that the I-213 indicates the applicant was “adamant” that her brother was a U.S. citizen at the time they made their false claims. Applicant filed motion to reconsider with the AAO arguing that “being adamant” does not constitute an affirmative act, which the 9th Circuit has stated is required to find inadmissibility for alien smuggling. AAO agreed and reversed itself, finding the applicant was not inadmissible for alien smuggling, and then proceeded to grant the applicant’s previously unadjudicated § 212(i) waiver." - Matter of X-, May 24, 2013.