Hamed Aleaziz, New York Times, Oct. 4, 2024 (gift link) "The Biden administration said Friday it would allow the temporary legal permission for migrants from Cuba, Venezuela, Haiti, and Nicaragua...
Singh v. Garland (2-1) "Jaswinder Singh, a citizen and native of India, appeals the Board of Immigration’s (“BIA”) decision affirming the Immigration Judge’s (“IJ”...
CGRS, Oct. 1, 2024 "Last night, a federal judge ruled in a case challenging the Biden administration’s policy of turning back asylum seekers who approach ports of entry along the southern...
Northwest Immigrant Rights Project and National Immigration Litigation Alliance, Oct. 2, 2024 " FREE WEBINAR Today, Oct. 2 from 3-4pm Eastern, 2-3pm Central, 12-1 Pacific On September 26, a U...
USCIS, Oct. 2, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance in our Policy Manual to further clarify the types of evidence that we may evaluate to determine eligibility...
Shazi v. Wilkinson
"The BIA adopted its categorical ban on mental health evidence in Matter of G-G-S-, 26 I. & N. Dec. 339 (BIA 2014). ... [W]e join the Ninth Circuit and find the BIA’s conclusion “to be unreasonable.” ... [W]e find that the BIA’s categorical bar of consideration of mental health evidence, as contemplated in Matter of G-G-S-, is an arbitrary and capricious construction of 8 U.S.C. § 1231, and we reject such a categorical evidentiary bar in the particularly serious crime analysis. ... For the foregoing reasons, we grant the petition for review for further consideration of Shazi’s mental health evidence in determining whether he is barred from withholding of removal based on a particularly serious crime; otherwise we deny the petition. Accordingly, we vacate and remand to the BIA for further proceedings consistent with this decision."
[Hats off to Herbert A. Igbanugo and Jason A. Nielson!]