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...
United Farm Workers v. DOL
"On November 5, 2020, the Department of Labor (“DOL”) promulgated a Final Rule that amended the regulations governing the Adverse Effect Wage Rate (“AEWR”) calculation methodology. Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States, 85 Fed. Reg. 70,445 (Nov. 5, 2020) (“the Final Rule” or “the 2020 Rule”). ... On January 5, 2022, plaintiffs filed a motion for summary judgment in this action, in which they ask the court to vacate and remand the Final Rule, “which both this Court, and DOL through the 2021 NPRM, have recognized is legally flawed.” ... In its prior order granting plaintiffs’ motion for a preliminary injunction, the court addressed at length how the 2020 Rule is likely unlawful. (See Doc. No. 37.) Now, the court confirms and makes that conclusion final. ... Plaintiffs’ motion for summary judgment (Doc. No. 90) is granted; The Final Rule is vacated and remanded to the DOL for further rulemaking consistent with this order."