USCIS, Dec. 12, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual regarding the types of evidence that may support an application for...
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...
Ildefonso-Candelario v. Atty. Gen. - "Section 5101, the Pennsylvania statute at issue, provides: A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.
... Instead of defending the conclusion that section 5101 is categorically a crime involving moral turpitude, the government requests a remand without decision to permit the BIA to reconsider its position in the matter.
... Yet the government has been unable, either in its brief or at oral argument, to articulate any understanding of the phrase “crime involving moral turpitude” that could plausibly encompass section 5101. This is not because of a failure of imagination. It instead reflects the simple fact that there is no conceivable way to describe the least culpable conduct covered by section 5101 — such as the illegal but nonviolent political protest described in Ripley — as inherently vile, or as “a reprehensible act committed with an appreciable level of consciousness or deliberation.” Partyka, 417 F.3d at 414. Moreover, no “emerging case law,” Ren, 440 F.3d at 448, involving either section 5101 or the definition of moral turpitude in other contexts calls for giving the BIA a second bite at the apple.
... We thus deny the government’s request for a voluntary remand and hold that 18 Pa. Cons. Stat. § 5101 is not categorically a crime involving moral turpitude. ... For the foregoing reasons, we will grant Ildefonso-Candelario’s petition and remand to the BIA for further proceedings consistent with this opinion."
[Hats off to Daniel B. Conklin!]