Matter of M-R-M-S-, 28 I&N Dec. 757 (BIA 2023) - If a persecutor is targeting members of a certain family as a means of achieving some other ultimate goal unrelated to the protected ground, family...
EOIR, Dec. 1, 2023 "Application Deadline: Friday, December 15, 2023"
American Immigration Council and the Federal Immigration Litigation Clinic of the James H. Binger Center for New Americans, University of Minnesota Law School, Nov. 28, 2023 "This practice advisory...
This document is scheduled to be published in the Federal Register on 11/30/2023 "On October 30, 2023, the U.S. Department of State (Department of State) published a Notice of Proposed Rulemaking...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the...
Hernandez de Gutierrez v. Barr
"This case presents the novel question of whether the Temporary Protected Status (“TPS”) statute, 8 U.S.C. § 1254a, allows a person who initially entered the country without inspection but was later granted TPS to adjust their status to lawful permanent resident pursuant to 8 U.S.C. 1255. Because the plain language of the statute makes clear that (1) a grant of TPS qualifies as an “admission” and (2) such an admission qualifies as a new entry, the Court will answer the question in the affirmative. Accordingly, the Court will grant Plaintiffs’ Motion for Summary Judgment and deny Defendants’ Motion for Summary Judgment. ... [T]he Court finds at step one of Chevron “that § 1254a(f)(4) unambiguously treats aliens with TPS as being ‘admitted’ for purposes of adjusting status.” ... Because the statute is clear, the Agency’s determination to the contrary is arbitrary and capacious and cannot stand."
[Hats off to Brittany S. Bakken, David L. Wilson, and Kelsey Friberg!]