American Immigration Council and the Federal Immigration Litigation Clinic of the James H. Binger Center for New Americans, University of Minnesota Law School, Nov. 28, 2023 "This practice advisory...
This document is scheduled to be published in the Federal Register on 11/30/2023 "On October 30, 2023, the U.S. Department of State (Department of State) published a Notice of Proposed Rulemaking...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the...
On Nov. 17, 2023 the AAO reversed an EB-2 National Interest Waiver denial by the Texas Service Center, saying: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical...
ICE, Aug. 15, 2023 "This Directive provides guidance to U.S. Immigration and Customs Enforcement (ICE) personnel about Red Notices published by the International Criminal Police Organization (INTERPOL...
Nolasco-Amaya v. Garland
"Petitioner Belkis Nolasco-Amaya, a native and citizen of Honduras, sought withholding of removal and protection under the Convention Against Torture (“CAT”). An immigration judge (“IJ”) denied her requested relief. Petitioner filed a Notice of Appeal to the Board of Immigration Appeals (“BIA”) without the assistance of counsel. The BIA summarily dismissed her appeal pursuant to 8 C.F.R. § 1003.1(d)(2)(i)(A) and (E). Petitioner challenges that summary dismissal, arguing that it violated her right to due process. We have jurisdiction under 8 U.S.C. § 1252. Petitioner’s Notice of Appeal was sufficiently specific to inform the BIA of the issues challenged on appeal, given her status as a pro se litigant. Accordingly, the BIA violated Petitioner’s right to due process by summarily dismissing her appeal. We grant the petition and remand for the BIA to consider the merits of Petitioner’s appeal."
[Hats off to Luis Cortes Romero!]