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...
Fofana v. Mayorkas
"Nearly sixteen years after Plaintiff Abrahim Mohamed Fofana applied for adjustment of status, United States Citizenship and Immigration Services (“USCIS”) denied his petition. But even with that much time to review Fofana’s materials, USCIS reached an untenably flawed decision. It misinterpreted the Immigration and Nationality Act (“INA”). And it failed to consider critical aspects of the United Liberation Movement for Democracy’s (“ULIMO”) status as a Tier III terrorist organization and Fofana’s knowledge thereof. Because USCIS’s decision was arbitrary and capricious, the Court will grant summary judgment for Fofana and vacate and remand for further administrative proceedings. USCIS protests that the Court does not have subject matter jurisdiction to take such action. But because the Court reviews only USCIS’s non-discretionary predicate decisions, 8 U.S.C. § 1252(a)(2)(B)(ii) does not strip the Court’s jurisdiction."
[Hats way off to David Wilson and Cameron Giebink!]