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...
"The government appeals the dismissal of Xochitl Garcia-Santana’s indictment for unlawful reentry in violation of 8 U.S.C. § 1326. The district court determined that Garcia’s prior removal order was constitutionally inadequate because Garcia was denied her right to seek discretionary relief from removal. We affirm. In doing so, we hold that the generic definition of “conspiracy” under the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101(a)(43)(U), includes proof of an overt act in furtherance of the conspiracy. ...
The Nevada statute of conviction, Nev. Rev. Stat. § 199.480, requires no proof of an overt act, Nev. Rev. Stat. § 199.490. The generic definition of conspiracy, codified at 8 U.S.C. § 1101(a)(43)(U), does. Garcia’s prior conviction, for conspiracy to commit burglary, is therefore not an aggravated felony under the INA." - U.S. v. Garcia-Santana, Dec. 15, 2014.