This is the text of the Efficient Case and Docket Management in Immigration Proceedings Final rule as signed by the Attorney General, but the official version of the Final rule will be as it is published...
Matter of Furtado, 28 I&N Dec. 794 (BIA 2024) (1) A petitioner seeking approval of a Form I-130 for an adopted child from a country that is a party to the Convention on Protection of Children and...
NILA Practice Advisory, May 17, 2024 "Noncitizens and their attorneys are experiencing record-breaking delays in the adjudication of benefit applications by U.S. Citizenship and Immigration Services...
Hon. Jeffrey S. Chase, May 16, 2024 "In 2003, the Office of the U.N. High Commissioner for Refugees published Guidelines for applying the bars to asylum known internationally as the “exclusion...
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...
Ojo v. Lynch, Feb. 16, 2016 - "Adebowale Oloyede Ojo, a native of Nigeria and the adopted son of a United States citizen, petitions for review of the decision of the Board of Immigration Appeals (the “BIA”) denying a motion to reopen his removal proceedings. In so ruling, the BIA relied on its administrative interpretation of a provision in the Immigration and Nationality Act (the “INA”) relating to adopted children, codified at 8 U.S.C. § 1101(b)(1)(E)(i). That provision is not ambiguous in the way asserted by the BIA, however, and thus does not contain a gap that Congress has left for the BIA to fill. Moreover, the BIA’s interpretation — which summarily disregards facially valid state court orders — is contrary to law. We therefore grant the petition for review, vacate the BIA’s decision, and remand for further proceedings." [Hats off to Caleb Griffin!]
"Henry Caleb Griffin, who represents Ojo, told Law360 that the case is a “ray of hope,” but warned that onlookers shouldn’t overstate the impact of the decision. “I’ve been hearing some people talk about how a lot of people who have adoption problems will now be able to get their citizenship. I want to say not necessarily — it depends on whether the family court judge believes the situation warrants a nunc pro tunc order,” Griffin said. “And it’s a pretty high standard.”"