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...
Velasquez-Samayoa v. Garland
"Miguel Angel Velasquez-Samayoa seeks protection under the Convention Against Torture (“CAT”). Velasquez-Samayoa asserts that, if he were removed to his native country of El Salvador, he would be identified as a gang member and therefore would face a significant risk of being killed or tortured—either by Salvadoran officials or by members of a rival gang with the acquiescence of the Salvadoran government. The Board of Immigration Appeals (“BIA”) upheld a decision by an Immigration Judge (“IJ” and, collectively with the BIA, the “Agency”) concluding that neither potential source of torture poses a sufficient risk to entitle Velasquez-Samayoa to CAT relief. Velasquez-Samayoa argues before our court that the Agency failed to assess the aggregate risk that he will be tortured— considering all sources together. We agree. We grant the petition for review and remand to the Agency to reconsider Velasquez-Samayoa’s CAT claim, applying the correct legal standards."
Note Dkt. No. 48: "The motion for a stay of removal (Dkt. Nos. [1] & [6]) is GRANTED. Velasquez-Samayoa’s removal is stayed pending a decision by the Board of Immigration Appeals and/or Immigration Judge."
[Hats off to Jean Reisz (argued) and Niels Frenzen, University of Southern California, Gould School of Law, Immigration Clinic!]