DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Espichan v. Atty. Gen.
"Arturo Nicola Espichan came to the United States from Peru as a 14-year-old to live with his father, who shortly after became a U.S. citizen. When the Government later sought to deport Espichan for having committed an aggravated felony, he claimed he was not an alien but a U.S. citizen, having 3 derived citizenship from his father under a then-existing statute—§ 321(a) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1432(a) (repealed 2000). To meet that provision’s requirements, Espichan needs to show that his parents had a “legal separation.” The Government claims he cannot do so because, to be separated legally, you must first be married, and it asserts Espichan’s parents were not. Because Espichan’s nationality claim presents a genuine issue of material fact—whether his parents were married—we transfer the case to a U.S. district court for a hearing and decision on that issue. If the court finds that Espichan’s parents were married, then we hold as a matter of law that Espichan has satisfied all requirements under § 1432(a)(3)–(5) for derivative citizenship and so may not be removed."
[Hats off to Kristina C. Ivtindzoski!]