Cyrus D. Mehta and Kaitlyn Box, May 14, 2024 "In “What if the Job Has Changed Since the Labor Certification Was Approved Many Years Ag o” we discussed strategies for noncitizen workers...
Blanford v. USCIS "Because of a consular officer’s suspicions over a $900 payment, two children have spent the last seven years in a Liberian orphanage instead of with their adoptive parents...
EOIR, May 10, 2024 "The Executive Office for Immigration Review (EOIR) today announced the appointment of 20 immigration judges—18 immigration judges who joined courts in California, Georgia...
DEFENDANTS’ MOTION TO TERMINATE THE FLORES SETTLEMENT AGREEMENT AS TO THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES News coverage here and here .
DHS, May 9, 2024 "This memorandum sets forth new policy and guidelines governing our Department’s use of classified information in immigration proceedings. It supersedes the October 4, 2004...
Teleanus v. Koumans
"Here, because the AAO failed to “articulate a satisfactory explanation” for why Mr. Teleanu’s departure would not constitute exceptional hardship for J.T., and provided no indication that it gave “explicit administrative consideration [to the] evidentiary material in the record,” the agency’s decision was arbitrary and capricious. ... Given the central importance of the nuclear family in our nation’s history, Bastidas v. Immigration & Naturalization Serv., 609 F.2d 101, 105 (3d Cir. 1979), there was a time when it was highly unusual for the Government “to refuse to waive the foreign residence requirement where the applicant has both a citizen-spouse and a citizen-child” because “failure to grant a waiver would result in harm to more individual citizens.” Chen, 546 F. Supp. at 1064. J.T., who is, after all, an American citizen, deserves a more thoughtful consideration of the impact this decision will have on him. ... For the foregoing reasons, Defendants’ motion to dismiss is GRANTED in part and DENIED in part. Defendants’ motion for summary judgment is DENIED. Plaintiffs’ cross-motion for summary judgment is GRANTED. This case is REMANDED for further proceedings consistent with the opinion of this Court."
[Hats off to Tom Moseley!]