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...
CARE v. Nielsen
"[T]his Court finds that Plaintiff sufficiently demonstrated that it had met at least one of the requirements of 8 U.S.C. § 1184(i)(1). Specifically, Plaintiff demonstrated that the Impact Data Analyst position required attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation, in satisfaction of 8 U.S.C. § 1184(i)(1)(B). In its denial of the Petition, the Defendants did not sufficiently consider all of the relevant factors and evidence before it. Nor did Defendants provide an adequate explanation as to how the Defendants reached some of their conclusions. The denial also failed to adequately elucidate the Defendants’ reason for finding that the Impact Data Analyst position did not require the theoretical and practical application of a body of highly specialized knowledge, the other requirement under 8 U.S.C. § 1184(i)(1).
The Plaintiff’s Motion for Summary Judgment [Doc. 18] is therefore GRANTED in part and DENIED in part. The Motion is GRANTED insofar as Defendants’ denial of Plaintiff’s H-1B Petition is set aside. The Defendants’ Motion for Summary Judgment [Doc. 21] is DENIED. This matter is remanded to the USCIS for further proceedings, consistent with this Order and Opinion. Defendants are directed to reconsider their decision regarding the Plaintiff's H-1B visa application at issue in light of the findings herein and in light of the evidence of Record favorable to Plaintiff discussed here that the Agency either failed to address or summarily and arbitrarily rejected."
[Hats off to Marshall Lewis Cohen and Myron N. Kramer!]