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...
"Appeal from judgment of the United States District Court for the Western District of New York (Telesca, J.). The district court denied Petitioner habeas corpus relief after finding that Petitioner did not derive citizenship from his father; the district court ruled that Petitioner was not in his father’s “legal custody” when his father naturalized. We conclude that the district court erred because it relied on an unenforceable custody award. “Legal custody” is a matter of federal law, which looks first to state law to determine whether there is an enforceable judicial determination or statutory grant of custody. If there is not, “actual uncontested custody” of the child controls. Here, there is a genuine factual dispute over which parent (if either) had “actual uncontested custody” of Petitioner when his father naturalized. Therefore, we VACATE and REMAND for a hearing under 8 U.S.C. § 1852(b)(5)(B). In addition, we instruct the district court to appoint Petitioner pro bono counsel. VACATED and REMANDED." - Garcia v. USICS (DHS), Dec. 29, 2011. [Hats way off to pro bono counsel Timothy W. Hoover and Peter C. Obersheimer!]