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...
Milligan v. Pompeo, Nov. 19, 2020
"This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc. In that tragedy, news of Juliet’s ruse never reaches Romeo because an “infectious pestilence” forces a quarantine that blocks the message’s delivery. Here, similarly, COVID-19 has kept apart our Plaintiffs — 153 U.S. citizens and their foreign-born fiancé(e)s. Each of these cross-border couples wishes to reunite and marry in the United States, but, given the pandemic, none has been able to obtain the visa necessary for the foreigner to travel to America. Some fiancé(e)s have been barred because the State Department has interpreted Presidential Proclamations to prohibit certain visa adjudications for people who reside in particular countries. Others, unaffected by the Proclamations, face the State Department’s protracted delays in processing their visas. Believing State’s actions to be unlawful, Plaintiffs have brought this suit against the Secretary of State, Attorney General, and Acting Secretary for the Department of Homeland Security, as well as the Departments of State and Homeland Security. They now move for a preliminary injunction, asking this Court to both enjoin the State Department’s visa-processing suspension and to compel the Government to adjudicate their visas more expeditiously. They succeed in part. The Court agrees with Plaintiffs that State has acted unlawfully in suspending visa issuances based on the Presidential Proclamations, but it finds that Defendants have the better argument on the delay claim. The Court will thus grant in part and deny in part Plaintiffs’ Motion."