Texas v. DHS Majority: "We address whether United States Border Patrol agents can legally cut a concertina wire (“c-wire” or “wire”) fence the State of Texas has placed along...
USCIS, Nov. 27, 2024 "The Department of Homeland Security (DHS) and the Department of Labor (DOL) issued a temporary final rule (TFR) making available an additional 64,716 H-2B temporary nonagricultural...
Michelle N. Méndez, Director of Legal Resources and Training, National Immigration Project reports: "On November 25, 2024, the U.S. District Court for the District of Maryland granted final...
USCIS, Nov. 26, 2024 "The Department of Homeland Security today posted a Federal Register notice designating Lebanon for Temporary Protected Status for 18 months. Secretary of Homeland Security...
TRAC, Nov. 25, 2024 "Wide differences in Immigration Judge asylum denial rates are evident across many Courts in the latest release of TRAC’s Immigration Judge report series. These new reports...
Garcia-DeLeon v. Garland
"We conclude that 8 C.F.R. § 212.7(e)(4)(iii), in conjunction with 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii), gives IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers. ... Here, we ... conclude that 8 C.F.R. § 212.7(e)(4)(iii), in conjunction with 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii), provides IJs and the BIA the authority for administrative closure to permit noncitizens to apply for and receive provisional unlawful presence waivers. ... We conclude that immigration judges and the BIA retain the authority to grant administrative closure so that noncitizens may apply for a provisional unlawful presence waiver. Thus, we GRANT the petition for review, VACATE the BIA’s order, and REMAND for further proceedings consistent with this opinion."
[Hats off to David E. Funke!]