EOIR, Dec. 1, 2023 "Application Deadline: Friday, December 15, 2023"
American Immigration Council and the Federal Immigration Litigation Clinic of the James H. Binger Center for New Americans, University of Minnesota Law School, Nov. 28, 2023 "This practice advisory...
This document is scheduled to be published in the Federal Register on 11/30/2023 "On October 30, 2023, the U.S. Department of State (Department of State) published a Notice of Proposed Rulemaking...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the...
On Nov. 17, 2023 the AAO reversed an EB-2 National Interest Waiver denial by the Texas Service Center, saying: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical...
EOIR - Sept. 30, 2023
"The Department of Justice ("Department") is revising its regulations to provide that the Attorney General may, in his discretion, review decisions and orders of AdministrativeLaw Judges ("ALJs") in the Office of the Chief Administrative Hearing Officer ("OCAHO") in cases arising under section 274B of the Immigration and Nationality Act ("INA" or ''the Act"). In the 2021 case United States v. Arthrex, Inc., the Supreme Court held that, under Article II of the Constitution, decisions issued by certain inferior officers exercising adjudicatory authority must be subject to review by a politically accountable official, such as an officer appointed by the President with the advice and consent of the Senate. Under current regulations, the decisions and orders issued by OCAHO ALJs in cases arising under section 274B of the INA are not expressly subject to further review by an officer appointed by the President with the advice and consent of the Senate. By contrast, current regulations expressly provide that decisions and orders issued byOCAHO ALJs in cases arising under sections 274A and 274C of the INA are subject to review by the Attorney General. Accordingly, this revision will ensure that the adjudicatory process for section 274B cases is consistent with the Supreme Court's decision in Arthrex, and will align that process with similar processes for discretionary review of decisions by ALJs in OCAHO and throughout the Executive Branch. It will not limit or alter parties' right to seek judicial review of adverse decisions. DATES: Effective date: This rule is effective [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments: Electronic comments must be submitted and written comments must be postmarked or otherwise indicate a shipping date on or before [INSERT DATE 60 DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. The electronic Federal Docket Management System (FDMS) at https:/lwww.regulations.gov will accept electronic comments until 11 :59 p.m. Eastern Time on that date."