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...
Hats off to Prof. Hiroko Kusuda for her victory in New Orleans Immigration Court! IJ Eric Marsteller distinguished Jaco v. Garland, stating: "The Fifth Circuit in Jaco v. Garland suggested that "Honduran women" is not sufficiently particular. 16 F.4th 1169, 1181 (5th Cir. 2021). The particular social group of "Honduran women" was not at issue in Jaco, however, and the Fifth Circuit's comment related to this group was incidental to the disposition of the case. See id. Therefore, the Fifth Circuit's comment regarding "Honduran women" as a particular social group is dicta and is not binding on this Court's decision. See id. The Court also finds that the facts in Jaco are distinguishable from the facts in Respondent's case, such that Jaco does not directly apply. ... As Respondent has demonstrated that she experienced past persecution, and she has an unrebutted well-founded fear of future persecution, she has proven she qualifies as a refugee under the INA and established her eligibility for asylum. INA § 101 (a)( 42)(A). The Court further finds that Respondent warrants a favorable exercise of discretion and therefore will grant her application for asylum." ICE did not appeal.