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...
Hernandez-Galand v. Garland
"This case concerns in absentia removal orders entered against a mother and her minor child as a consequence of the mother’s failure to appear in immigration court. We hold that there are exceptional circumstances in this case that warrant reopening. Therefore, we grant the petition for review and remand for further proceedings. ... In light of the totality of the circumstances, we conclude that Ms. Hernandez has made a sufficient showing of exceptional circumstances warranting relief under [Sec.] 1229a(b)(5)(C)(i), and the BIA abused its discretion in denying her request to reopen the case. Accordingly, we GRANT the petition for review and REMAND to the BIA for further proceedings consistent with this opinion."
[Hats way off to Stephen B. Kang (argued), ACLU Foundation Immigrants’ Rights Project, San Francisco, California; Ahilan T. Arulanantham, ACLU Foundation of Southern California, Los Angeles, California; Matt Adams, Northwest Immigrant Rights Project, Seattle, Washington; Talia Inlender and Kristen Jackson, Public Counsel Law Center, Los Angeles, California; Kristin Macleod-Ball, American Immigration Council, Brookline, Massachusetts; Karolina J. Walters, American Immigration Council, Washington, D.C.; for Petitioners!]