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...
Suate-Orellana v. Garland
"Although the IJ and BIA addressed her argument that her NTA was deficient on the merits, the legal landscape has changed significantly since the BIA’s decision dismissing her appeal. See, e.g., Niz-Chavez v. Garland, 593 U.S. 155, 171–72 (2021); United States v. Bastide-Hernandez, 39 F.4th 1187, 1193 n.9 (9th Cir. 2022), cert. denied, 143 S. Ct. 755 (2023); Matter of Fernandes, 28 I. & N. Dec. 605, 616 (B.I.A. 2022). We therefore grant and remand Suate-Orellana’s petition so that the BIA may reconsider the merits of her claim in light of these intervening authorities. ... We therefore remand the case to the BIA to reconsider the merits of Suate-Orellana’s claim that her NTA was statutorily deficient in light of Niz-Chavez, 593 U.S. at 171–72, Bastide-Hernandez, 39 F.4th at 1193 n.9, and Matter of Fernandes, 28 I. & N. Dec. at 616. PETITION GRANTED AND REMANDED."
[This PFR was filed in 2019! Hats way off to Jessica Rofé, Naomi Sunshine, Kristin Macleod-Ball and Trina Realmuto! Audio of oral argument here; video here.]