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...
Martinez-Perez v. Barr
"We now turn to Petitioner’s second argument: that “the B[IA] erred when it [found] . . . that it lacked ‘jurisdiction’ to consider [Petitioner] as having a qualifying relative for cancellation” and dismissed Petitioner’s appeal. Pet. Opening Br. at 27. Petitioner contends that, contrary to its ruling, the BIA had jurisdiction and “retained the quasi-legislative power to interpret the ambiguous cancellation statute in a way that would have fixed the age of [Petitioner’s] daughter as of the date he filed his cancellation application, in light of the ‘undue or unfair delay’ in the scheduling of his final hearing.” Id. We agree with Petitioner and remand for further proceedings. ... we GRANT in part and DENY in part the petition for review, VACATE the order of the BIA dismissing Petitioner’s appeal, and REMAND to the BIA for further proceedings consistent with this opinion."
[Hats off to Mark Barr!]