Cyrus Mehta, May 29, 2023 "I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf...
Portillo v. DHS "Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment...
State Department, May 30, 2023 "Document Submission to KCC suspended for DV-2024 and onward. Effective for the Diversity Visa (DV) program for fiscal year 2024 (DV-2024) and onward, selectees...
In this document , provided by a "veteran immigration practitioner," ICE claims that its attorneys need not be present in every case in Immigration Court. Read more at PWS's latest post ...
This document is scheduled to be published in the Federal Register on 06/01/2023 "This final rule (TFR) temporarily amends Department of State (Department) regulations to provide that Afghan nationals...
NILA, May 16, 2023
"On May 11, 2023, the Supreme Court, in Santos-Zacaria v. Garland, 598 U. S. _, _ S. Ct. _, [2023 U.S. LEXIS 1891], 2023 WL 3356525 (2023), addressed 8 U.S.C. § 1252(d), the statutory exhaustion provision governing immigration petitions for review of removal orders. This advisory first explains what statutory exhaustion under § 1252(d) is and how it is distinct from issue exhaustion before the Board of Immigration Appeals (BIA), a form of exhaustion not addressed in Santos-Zacaria. Next, the advisory explains the Court’s two holdings: first, that § 1252(d) is a non-jurisdictional, claim-processing rule subject to waiver and forfeiture; and second, that noncitizens are not required to file motions to reconsider (or motions to reopen) of removal orders to satisfy § 1252(d)(1). The advisory also includes practical suggestions regarding application of the decision and its impact on prior exhaustion case law."