USCIS, Sept. 27, 2023 "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual regarding maximum validity periods for Employment Authorization Documents...
This document is scheduled to be published in the Federal Register on 09/29/2023 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
Pesikan v. Atty. Gen. "Petitioner Srecko Pesikan argues that the Board of Immigration Appeals (“BIA”) erred in concluding that his 2018 Pennsylvania conviction for driving under the...
USCIS, Sept. 25, 2023 "U.S. Citizenship and Immigration Services (USCIS) today announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant...
[What cities? How many?] EOIR, Sept. 25, 2023 Salary: $149,644 - $195,000 per year Travel: 50% or less - You may be expected to travel for this position Application Deadline: Friday, October...
Farrell v. Blinken
"While United States citizenship is one of the most sought after in the world, American citizens sometimes choose to relinquish this privilege and place their allegiance elsewhere. Congress has specified the actions that will result in expatriation and also vested authority in the Secretary of State to recognize the loss of nationality. Before recognizing a person’s expatriation, the Department of State (the “Department”) requires citizens to comply with various procedures. If it is satisfied that expatriation has occurred, the Department will issue a certificate of loss of nationality (“CLN”). This case involves a challenge to the procedures for obtaining a CLN. Gerald Farrell claims that he has performed an expatriating act by naturalizing as a Swiss citizen with the intent to relinquish his United States citizenship. The Department denied Farrell’s request for a CLN because he has not appeared at a consulate abroad to fill out forms that, according to the Department, must be completed in person to obtain a CLN. Farrell challenges this “in-person requirement,” arguing that it is contrary to law, ultra vires, and arbitrary and capricious. The district court upheld the in-person requirement. We first explain the basis of Farrell’s standing and our jurisdiction to decide this case. On the merits, we agree with the district court that the Department has statutory authority to impose an in-person requirement; however, we hold the Department acted arbitrarily and capriciously in denying Farrell a CLN. In a series of letter responses to Farrell’s request for a CLN, the Department offered conflicting and ever-evolving reasons for denying the CLN and failed to explain what tasks Farrell was required to complete in person. We thus reverse and remand to the district court with instructions to remand to the Department to reconsider Farrell’s request for a CLN."
[Hats off to Brad Banias!]