USCIS, Aug. 29, 2024 "Effective Aug. 28, DHS is establishing a new C40 category on Form I-766, Employment Authorization Document (EAD). The C40 category is for individuals with a pending Form I...
Matter of R-T-P- "[W]e conclude that written amendments made by an Immigration Judge, upon the motion of DHS, to the time and place of the hearing on the notice to appear may satisfy the requirements...
USA v. Gomez "We have previously held that California Penal Code § 245(a)(1) constitutes a crime of violence, but our decisions are clearly irreconcilable with the Supreme Court’s ruling...
State Department, Sept. 5, 2024 "Starting on September 5, 2024, the Department will begin implementing two new visa classifications for noncitizens seeking to transit the United States to join a...
Prof. Mary Yanik , Sept. 4, 2024: "I write to share the exciting news that today our co-author team (Tulane, NIPNLG, NILC, Organized Power in Numbers, & Arriba Las Vegas Worker Center) have released...
Manning v. Barr
"We hold that the jurisdictional provision in 8 U.S.C. § 1252(a)(2)(C), which limits this Court’s jurisdiction, applies only to cases where the Immigration Judge (“IJ”) has found a petitioner removable based on covered criminal activity, and that it does not apply where a petitioner’s order of removal is based solely on unlawful presence. We also hold that the IJ and BIA discounted Manning’s credible testimony without proper explanation, failed to consider substantial and material evidence that Manning is likely to be killed if removed to Jamaica, and erroneously placed a burden on Manning to prove he could not internally relocate in order to avoid torture. Accordingly, we GRANT the petition for review and REMAND Manning’s application for deferral of removal for further proceedings consistent with this opinion."
[Hats off to EDMUND POLUBINSKI III (Daniel S. Magy, on the 15 brief), Davis Polk & Wardwell LLP, New York, NY.]