EOIR, Dec. 1, 2023
"Application Deadline: Friday, December 15, 2023"
American Immigration Council and the Federal Immigration Litigation Clinic of the James H. Binger Center for New Americans, University of Minnesota Law School, Nov. 28, 2023
"This practice advisory...
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...
1. The general rule against claims relating to domestic and gang violence.
2. The requirement that a noncitizen whose claim involves non-governmental persecutors “show the government condoned the private actions or at least demonstrated a complete helplessness to protect the victim.”
3. The Policy Memorandum’s rule that domestic violence-based particular social group definitions that include “inability to leave” a relationship are impermissibly circular and therefore not cognizable.
4. The Policy Memorandum’s requirement that individuals must delineate or identify any particular social group in order to satisfy credible fear based on the particular social group protected ground.
5. The Policy Memorandum’s directive that asylum officers should apply federal circuit court case law only “to the extent that those cases are not inconsistent with Matter of A-B-.”
6. The Policy Memorandum’s directive that asylum officers should apply only the case law of “the circuit” where the individual is “physically located during the credible fear interview.”