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...
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!]