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...
Belevich v. Thomas
"The question in this appeal is whether certain equitable defenses may excuse an immigrant’s sponsor from her financial obligation to support the immigrant under 8 U.S.C. § 1183a. Tatiana Kuznitsnyna and her daughter, Klavdia Thomas, sponsored Kuznitsnyna’s husband, Valentin Belevich, for admission into the United States by executing Form I-864 affidavits, which the Department of Homeland Security approved. By signing these affidavits, the sponsors promised the United States that they would support Belevich at 125% of the poverty income level if the United States granted Belevich a visa. After Belevich immigrated from Russia, the sponsors cut off all financial support and accused him of sexually abusing Thomas’s six-year-old daughter. Belevich sued to enforce their obligations, and the sponsors raised the affirmative defenses of unclean hands, anticipatory breach, and equitable estoppel. The district court rejected those defenses as a matter of law and awarded damages to Belevich. The sponsors argue that the district court erred in rejecting their defenses. We hold that these defenses are foreclosed by the statute and regulation that govern the Form I-864 affidavit, as well as the text of the affidavit itself. Accordingly, we affirm."