DOL, July 26, 2024 "On August 7, 2024, the Department of Labor will host a public webinar to educate stakeholders, program users, and other interested members of the public on the changes to the...
Atud v. Garland (unpub.) "Mathurin A. Atud petitions for review of a decision of the Board of Immigration Appeals (BIA) denying his motion to reopen removal proceedings based on alleged ineffective...
Shen v. Garland "Peng Shen, a citizen of the People’s Republic of China, applied for asylum, withholding of removal, and relief under the Convention Against Torture. An Immigration Judge ...
This document is scheduled to be published in the Federal Register on 07/25/2024 "On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case...
Lance Curtright reports: "After the 5th Circuit’s initial decision in Membreno, [ Membreno-Rodriguez v. Garland, 95 F.4th 219 ] my law partner Paul Hunker (a new AILA member!) reached out to...
Torres v. Barr
"We must construe the meaning of the phrase “at the time of application for admission.” We conclude that the phrase refers to the particular point in time when a noncitizen submits an application to physically enter into the United States. ... [I]nadmissibility must be measured at the point in time that an immigrant actually submits an application for entry into the United States. ... [W]e grant Torres’s petition for review to the extent the BIA determined that she was removable “as an intending immigrant without a . . . valid entry document” under § 1182(a)(7). ... Torres asks us to remand her case to the agency to determine whether United States Citizenship and Immigration Services should grant her application for parole-in-place ... We therefore grant in part and deny in part the petition for review, and remand to the agency for a determination in the first instance whether Torres was removable under the second ground originally charged in the Notice to Appear— removability as “[a]n alien present in the United States without being admitted or paroled” under § 1182(a)(6). The Notice to Appear issued on July 22, 2010, within the two-year period during which Congress provided that “no alien who is lawfully present in the Commonwealth pursuant to the immigrant laws of the Commonwealth [on the effective date]” shall be removed for a violation of § 1182(a)(6). The BIA should, on remand, address the question whether Torres was “lawfully present” in the CNMI under CNMI law, and thus not removable under § 1182(a)(6)."
[Hats off to Stephen Carl Woodruff (argued), Saipan, Northern Mariana Islands; Janet H. King, King Law Offices, Saipan, Northern Mariana Islands; Daniel S. Volchok, Alex Hemmer, and Rebecca M. Lee, Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; for Petitioner, and Charles Roth, National Immigrant Justice Center, Chicago, Illinois, for Amici Curiae Organizations Assisting Survivors of Domestic Violence!]