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...
Prof. Geoffrey A. Hoffman, May 2, 2021
"The Supreme Court's decision earlier this week in Niz-Chavez v. Garland is potentially revolutionary. First, it rejected the impoverished and incorrect interpretation by circuit courts and the BIA of Pereira v. Sessions (20-18) about the alleged "curing" of a defective Notice to Appear (NTA) by a subsequent notice of hearing. Such an interpretation was not at all supported by Pereira and indeed foreclosed by that decision. Furthermore, more importantly, if interpreted correctly, it may upend the jurisdiction in many cases of the immigration court. I want to emphasize at the outset that the majority does not say anything about jurisdiction and the effect of a deficient NTA on the immigration court's jurisdiction. That said, the issue was not before the Supreme Court and so they were constrained by the issues that were presented to them. It did not have a reason to opine on jurisdiction. Nevertheless, I would point anyone to the following language in the last paragraph in the decision: