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...
Blanford v. USCIS "Because of a consular officer’s suspicions over a $900 payment, two children have spent the last seven years in a Liberian orphanage instead of with their adoptive parents...
EOIR, May 10, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 20 immigration judges—18 immigration judges who joined courts in California, Georgia...
DEFENDANTS’ MOTION TO TERMINATE THE FLORES SETTLEMENT AGREEMENT AS TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES News coverage here and here .
Avila de la Rosa v. Garland
"Cristian Avila de la Rosa received a procedurally defective Notice to Appear for his immigration removal proceedings, and (unlike many others) he made a timely objection to that Notice. The immigration judge, however, disregarded Avila’s objection, and the Board of Immigration Appeals thereafter insisted that Avila was not entitled to relief unless he could demonstrate prejudice from the defective Notice. The Board erred in doing so; we thus grant Avila’s petition for review and remand for further proceedings. ... A noncitizen who raises a timely objection to a noncompliant Notice to Appear, consistent with Niz-Chavez and Ortiz-Santiago, is entitled to relief without also having to show prejudice from the defect. ... The BIA erred by requiring Avila to show prejudice from his defective Notice to Appear, even though Avila filed a timely objection and thus invoked the benefits of the mandatory claim-processing rules of section 1229. We thus GRANT his petition for review and REMAND his case to the Board for further proceedings."
[Hats off to Mary Schnoor (formerly at Jones Day, now at DHS) and Chuck Roth at NIJC!]