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...
Fonseca-Fonseca v. Garland
"Mario Fonseca-Fonseca, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) denial of his motion to reopen. Fonseca-Fonseca sought to reopen his immigration proceedings to apply for cancellation of removal. The BIA found that he failed to establish prima facie eligibility for cancellation of removal because he did not submit new evidence that would likely change the result in his case. The parties disagree on a threshold issue—whether the BIA applied the correct burden of proof. ... Today, we clarify that prima facie eligibility for relief requires only a threshold showing of eligibility—a reasonable likelihood that the petitioner would prevail on the merits if the motion to reopen were granted. As the BIA previously explained, a noncitizen “demonstrates prima facie eligibility for relief where the evidence reveals a reasonable likelihood that the statutory requirements for relief have been satisfied.” In re S-V-, 22 I. & N. Dec. 1306, 1308 (B.I.A. 2000) (en banc). Because the BIA applied the wrong standard in denying Fonseca-Fonseca’s motion to reopen, we remand to the agency to adjudicate his motions under the proper standard."
[Hats off to Andrew J. S. Newcomb and Elias Mendoza!]