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...
ICE, Aug. 15, 2023 "This Directive provides guidance to U.S. Immigration and Customs Enforcement (ICE) personnel about Red Notices published by the International Criminal Police Organization (INTERPOL...
Georgianna Pisano Goetz, Nov. 24, 2023 "The Department of Homeland Security has been pushing inconsistent arguments about the meaning of parole under the Cuban Adjustment Act of 1966, needlessly...
USCIS, Nov. 16, 2023 "Today, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final...
NILA in Action, Nov. 7, 2022
"In LaParra-DeLeon v. Garland, NILA submitted an amicus brief and reply brief in support of the petitioner, on behalf of itself and three other immigrants’ rights organizations. The case, a petition for review of published BIA decision Matter of LaParra, involved a notice to rescind an in absentia removal order based on lack of notice. The petitioner and amici argued that, where an individual does not receive an NTA that complies with 8 U.S.C. 1229(a)(1) under Pereira v. Sessions and Niz-Chavez v. Garland, because the NTA does not contain time or place information for their hearing, they have not received the notice required to issue an in absentia order. The First Circuit agreed, holding that, under the plain language of 8 U.S.C. § 1229a(b)(5)(C)(ii), the petitioner “’demonstrate[d]’ that he did not receive ‘notice in accordance with paragraph (1) or (2) of section 1229(a),’” and therefore warranted rescission based on lack of notice."
[Hats off to Lidia M. Sanchez, for petitioner, and Kristin Macleod-Ball and Trina Realmuto on brief for National Immigration Litigation Alliance, Political Asylum/Immigration Representation Project, American Immigration Lawyers Association, and American Immigration Council, amici curiae!]