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...
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!]