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...
NILA Practice Advisory, May 17, 2024
"Noncitizens and their attorneys are experiencing record-breaking delays in the adjudication of benefit applications by U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS). As processing times for most, if not all, applications stretch into years, attorneys increasingly are challenging these delays in U.S. district courts. As a result, there have been dozens of district court decisions—and a handful of court of appeals decisions—in recent years addressing immigration delay suits brought under the Mandamus Act, 28 U.S.C. § 1361, and/or the Administrative Procedure Act (APA), 5 U.S.C. § 706(1). This practice advisory analyzes trends from decisions issued only since 2021, focusing primarily on decisions from the courts of appeals and reported district court decisions.2 It is not a complete survey of cases since most district court decisions are unreported. Note that some of the referenced district court cases may be on appeal. Consequently, attorneys contemplating a delay lawsuit should independently research decisions within their jurisdiction."