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...
Bastardo-Vale v. A.G.
"Today we decide whether the phrase “particularly serious crime” as used in both the asylum and withholding of removal statutes, 8 U.S.C. §§ 1158(b)(2), 1231(b)(3), includes, but is not limited to, aggravated felonies. We hold that it does. The phrase “particularly serious crime” means the same thing in both statutes, and the language of those statutes shows that aggravated felonies are a subset of particularly serious crimes. In reaching this conclusion, we overrule Alaka v. Attorney General, 456 F.3d 88 (3d Cir. 2006), where we defined the phrase “particularly serious crime” in the context of withholding of removal to include only aggravated felonies. Because we revisit this precedent and agree with the Board of Immigration Appeals’ (“BIA”) decision that Petitioner Carlos Eduardo Bastardo-Vale committed a particularly serious crime that barred him from obtaining asylum and withholding of removal relief, we will deny the petition for review."
[But note the dissents.]