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...
NILA, Apr. 20, 2023
"Enacted in 1997, expedited removal is the name for the summary removal process applied to persons whom immigration border officers determine are inadmissible for allegedly having false or improper documentation. Expedited removal proceedings have resulted in hundreds of thousands of removals since 1997. The process lacks procedural safeguards and, thus, is rife with errors, resulting in widespread violations of individuals’ legal rights. Section I of this advisory addresses the basics of expedited removal law, including to whom the statute does and does not apply, what immigration officers must do when issuing expedited removal orders, and the law governing detention. Section II details the credible fear process, including what happens procedurally when an individual establishes or fails to establish a credible fear. Section III covers the preclusion of judicial review but also addresses potential alternative options for challenging expedited removal orders, including reopening under 8 C.F.R. § 103.5(a), cancellation by operation of law or in the exercise of discretion, and the state of the law regarding collateral challenges to expedited removal orders in reinstatement cases. Section IV covers the administrative and limited habeas review available to individuals who claim status as a U.S. citizen, lawful permanent resident, refugee, or asylee. Section V provides a brief overview of the Trump administration’s effort to expand the use of expedited removal to the interior and the rescission of the expansion. ..."