This document is scheduled to be published in the Federal Register on 11/30/2023 "On October 30, 2023, the U.S. Department of State (Department of State) published a Notice of Proposed Rulemaking...
On Tuesday, Nov. 28, 2023 the U.S. Supreme Court heard oral argument in the case of Wilkinson v. Garland. Issue: Whether an agency determination that a given set of established facts does not rise to the...
On Nov. 17, 2023 the AAO reversed an EB-2 National Interest Waiver denial by the Texas Service Center, saying: "The Petitioner has met the requisite three prongs set forth in the Dhanasar analytical...
ICE, Aug. 15, 2023 "This Directive provides guidance to U.S. Immigration and Customs Enforcement (ICE) personnel about Red Notices published by the International Criminal Police Organization (INTERPOL...
Georgianna Pisano Goetz, Nov. 24, 2023 "The Department of Homeland Security has been pushing inconsistent arguments about the meaning of parole under the Cuban Adjustment Act of 1966, needlessly...
Petitioner's Brief in CA5 Case No. 21-60314
"Petitioner, Daniel Girmai Negusie, petitions this Court to review and reverse the Board of Immigration Appeals’s decision affirming the Attorney General’s decision in Matter of Negusie, 28 I&N Dec. 120 (A.G. 2020), which held: (1) the bar to eligibility for asylum and withholding of removal based on the persecution of other does not include an exception for coercion or duress; and (2) the Department of Homeland Security does not have an evidentiary burden to show that an applicant is ineligible for asylum and withholding of removal based on the persecution of others. This Court should hold, in accordance with the international treaty obligations of the United States and Congressional intent in passing the Refugee Act of 1980, that the persecutor bar should be applied restrictively and that the bar is subject to a duress exception that applies when, based on consideration of the totality of circumstances, the applicant lacks the personal culpability required for application of the persecutor bar. Moreover, the Court should reaffirm, based on a long-standing asylum jurisprudence, that the government bears the initial burden of establishing that the persecutor bar may apply in individual cases."