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...
NILA, May 2, 2022
"On April 27, 2022, a panel of the Second Circuit issued a decision that, if permitted to stand, cuts off judicial review for individuals with fear-based claims who are subject to final removal orders under the reinstatement statute, 8 U.S.C. § 1231(a)(5). In Bhaktibhai-Patel v. Garland, No. 19- 2565, _ F.4th _, 2022 U.S. App. LEXIS 11370, 2022 WL 1230819 (2d Cir. 2022), the court dismissed a petition seeking review of a negative reasonable fear determination for lack of jurisdiction, finding the petitioner’s claims were not part of a final order and that the petition was not timely filed. This alert addresses the court’s decision, suggests strategies for litigating existing and future petitions for review in these cases, and encourages attorneys litigating these cases to contact the ACLU Immigrants’ Rights Project and/or National Immigration Litigation Alliance."