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...
Chavez-Escamilla v. Garland (unpub.)
"Chavez-Escamilla argues that the BIA erred in applying the clearly erroneous standard because it did not defer to the IJ’s factual findings. ... The BIA failed to correctly apply the clearly erroneous standard. While the BIA indicated disagreement with the IJ’s findings, it did not explain why the IJ’s decision was illogical, implausible, or without support. ... Clear error review requires the BIA to “explain how these alleged errors showed lack of logic, plausibility, or support in the record on the part of the IJ.” Soto-Soto, 1 F.4th at 660. The court therefore remands this case to the BIA so it “may apply the correct standard of review and properly consider the IJ’s factual findings.” Vitug v. Holder, 723 F.3d 1056, 1064 (9th Cir. 2013). PETITION GRANTED; REMANDED."
[Hats off to Ramiro J. Lluis!]