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...
Colorado attorney David N. Simmons reports: "The CDC has issued new guidance on alcohol abuse to panel physicians. Gone is any reference to “1 DUI in the past five years or 2 DUIs in the past 10 years.” Instead, the CDC guidance now refers physicians to the DSM-5 (Diagnostic and Statistical Manual of Mental Disorders, 5th Edition). The CDC guidelines are here: https://www.cdc.gov/immigrantrefugeehealth/panel-physicians/mental-health.html. The DSM-5 has eliminated the distinction between alcohol dependence and alcohol abuse. It also has eliminated legal problems related to alcohol (including DUI’s) as a criterion. Instead, it refers to “Alcohol Use Disorder” and provides physicians with a list of 11 criteria for determining that a disorder exists. Each criterion has a related question. If an applicant answers TWO of the questions in the affirmative, then the physician will determine that the applicant has mild Alcohol Use Disorder. Under CDC guidelines, that is sufficient to find the applicant inadmissible on medical grounds. You may find the list, along with an explanation of the changes made in the DSM-5, here: https://www.niaaa.nih.gov/sites/default/files/publications/AUD_A_Comparison.pdf. The good news is that the criteria only apply to behavior in the past year. Regardless, we need to interview and prepare our clients for this new reality."