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...
Brito Sanchez v. Garland
"Brito has produced the necessary evidence to meet the “preponderance of the evidence” standard articulated in Giha, supra. His mother Ms. Lopez testified he was born in California, an obviously relevant fact in the question of his citizenship. For the reasons described in the court's findings of fact above, her testimony is credible. Her demeanor was credible. Her memory was detailed. Fundamentally, the birth of her son is something she reasonably remembers and knows about in meaningful detail. Ms. Lopez's deposition testimony and responses at trial were internally consistent and consistent with other documentary and testimonial evidence, including the claims in her petition for a U Nonimmigrant visa, her testimony before other tribunals and her application for child support benefits. She also has offered a credible explanation for the existence of the Mexican birth registration certificate and the circumstances giving rise to its creation, in the form of her testimony as bolstered by the expert testimony. The inconsistencies in Ms. Lopez's testimony were minor, to the extent there were meaningful inconsistencies at all. ... The government has not carried its burden to disprove Brito's U.S. citizenship “by clear, unequivocal, and convincing evidence.” Berenyi v. Dist. Dir., INS, 385 U.S. 630, 636 (1967). This court finds Brito has produced “substantial credible evidence, ” by a preponderance of the evidence, of his U.S. citizenship. The government has not shown by “clear, unequivocal, and convincing evidence” that Brito is not a U.S. citizen. On the record developed before this court, Brito is a U.S. citizen."
[Hats off to Nienke Schouten!]