This is the text of the Efficient Case and Docket Management in Immigration Proceedings Final rule as signed by the Attorney General, but the official version of the Final rule will be as it is published...
Matter of Furtado, 28 I&N Dec. 794 (BIA 2024) (1) A petitioner seeking approval of a Form I-130 for an adopted child from a country that is a party to the Convention on Protection of Children and...
NILA Practice Advisory, May 17, 2024 "Noncitizens and their attorneys are experiencing record-breaking delays in the adjudication of benefit applications by U.S. Citizenship and Immigration Services...
Hon. Jeffrey S. Chase, May 16, 2024 "In 2003, the Office of the U.N. High Commissioner for Refugees published Guidelines for applying the bars to asylum known internationally as the “exclusion...
Cyrus D. Mehta and Kaitlyn Box, May 14, 2024 "In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ag o” we discussed strategies for noncitizen workers...
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.]