OFLC, Dec. 12, 2024 "The Employment and Training Administration (ETA) will publish two Federal Register Notices (FRNs) in mid-December 2024. The first FRN will update the AEWR under the H-2A temporary...
Visa Bulletin For January 2025
Platino-Bargas v. Garland (unpub.) "After reviewing the record, briefs of the parties, and previously filed joint motion of the Government and Petitioner to remand, we grant the motion to remand...
Bouarfa v. Mayorkas (9-0) "JUSTICE JACKSON delivered the opinion of the Court. A common feature of our Nation’s complex system of lawful immigration is mandatory statutory rules paired with...
Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 "This final rule makes updates to reflect a statutory change to the class of individuals who may qualify for Special Immigrant Visas...
Omorodion v. Garland (unpub.)
"The IJ granted Omorodion’s application for deferral of removal under the CAT and, after an initial remand by the BIA, reaffirmed that decision. In July 2018 the BIA vacated the IJ’s grant of CAT relief and ordered Omorodion removed, concluding that Omorodion did not show that she would suffer torture or that public officials would acquiesce in her torture. ... First, Omorodion argues that the BIA mischaracterized and ignored key evidence. We agree. ... The BIA also erred by failing to apply the clear error standard in its review of the IJ’s “predictive finding that [Omorodion] would suffer torture by or with the acquiescence of the Nigerian government.” ... The BIA erred as a matter of law when it overlooked such evidence and rejected the IJ’s predictive finding. To summarize, we grant the petition and remand because the BIA overlooked material components of the record and misconstrued others. See Xiao Kui Lin v. Mukasey, 553 F.3d 217, 220 (2d Cir. 2009). Should the BIA vacate the IJ’s grant of CAT relief on remand, it should explain where it identifies clear error in the IJ’s factfinding based on the totality of the record. If any vacatur is not due to clear error, the BIA must otherwise “provide sufficient explanation to permit proper appellate review” of its decision. *** Lin Huang, 3 677 F.3d at 137. For the foregoing reasons, the petition for review is GRANTED, the BIA’s decision is VACATED, and the case is REMANDED for further proceedings consistent with this order."
[Hats off to Tom Moseley!]