Cyrus D. Mehta and Kaitlyn Box, May 14, 2024 "In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ag o” we discussed strategies for noncitizen workers...
Blanford v. USCIS "Because of a consular officer’s suspicions over a $900 payment, two children have spent the last seven years in a Liberian orphanage instead of with their adoptive parents...
EOIR, May 10, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 20 immigration judges—18 immigration judges who joined courts in California, Georgia...
DEFENDANTS’ MOTION TO TERMINATE THE FLORES SETTLEMENT AGREEMENT AS TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES News coverage here and here .
DHS, May 9, 2024 "This memorandum sets forth new policy and guidelines governing our Department’s use of classified information in immigration proceedings. It supersedes the October 4, 2004...
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!]