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...
Cardenas v. U.S., June 21, 2016 - "A consular officer denied the visa application of Rolando Mora-Huerta, a Mexican national, on the ground that he was a “gang associate” who intended to enter the United States to engage in unlawful conduct. See 8 U.S.C. § 1182(a)(3)(A)(ii). This suit, by Mora’s wife, Madeline Cardenas, a United States citizen, attacks the consular officer’s decision. The district court dismissed Cardenas’ complaint for failure to state a claim.
The critical issue on appeal is the standard of judicial review applicable to the visa denial. In Kleindienst v. Mandel, the Supreme Court explained that judicial review of a denial that implicates a constitutional right is limited to ensuring that the decision was supported by a “facially legitimate and bona fide reason.” 408 U.S. 753, 770 (1972). But, because that standard “is used relatively infrequently,” its precise meaning has long been “elusive.” Marczak v. Greene, 971 F.2d 510, 517 (10th Cir. 1992). The Supreme Court again addressed the issue in Kerry v. Din, 135 S. Ct. 2128 (2015), but was unable to agree on a single rationale for denying relief. We hold today that, under Marks v. United States, 430 U.S. 188, 193 (1977), and our recent en banc decision in United States v. Davis, No. 13-30133 (9th Cir. June 13, 2016), Justice Kennedy’s concurrence in Din is the controlling opinion. Applying that opinion, we affirm the district court’s dismissal of Cardenas’ complaint."