This document is scheduled to be published in the Federal Register on 09/25/2023 - "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security...
DOJ, Sept. 21, 2023 "The Justice Department announced today that it has secured a settlement agreement with United Parcel Service Inc. (UPS). The settlement resolves the department’s determination...
DHS, Sept. 20, 2023 "Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months, due to...
This document is scheduled to be published in the Federal Register on 09/20/2023 "The Department of Homeland Security (DHS) proposes to amend its regulations affecting temporary agricultural (H...
Cyrus Mehta, Sept. 17, 2023 "The October 2023 Visa Bulletin was disappointing. There was some expectation that the Administration would radically advance the Dates for Filing so that many more could...
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!]