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...
Moreno Galvez v. Cuccinelli, Oct. 5, 2020
"[P]laintiffs’ motion for summary judgment and request for permanent injunctive relief (Dkt. #. 64) is GRANTED. Defendants’ cross-motion for summary judgment (Dkt. #66) is DENIED. The Court hereby declares that the 2018 policy requiring Washington state courts to have jurisdiction or authority to “reunify” 18-20 year old youths with their parents before making the relevant SIJ findings is unlawful. The Court further finds that defendants have engaged in a practice of delaying the adjudication of SIJ petitions and that injunctive relief requiring compliance with the 8 U.S.C. §1232(d)(2) is appropriate. Accordingly, the Court HEREBY ORDERS and enjoins defendants as follows: Defendants must adjudicate any SIJ petitions based on a Washington state court order within 180 days of the date that the application is filed by the petitioner (i.e., in the parlance of the proposed rule, the date “the SIJ petition is receipted, as reflected in the receipt notice sent to the SIJ petitioner”). This timeline is inclusive of any requests for additional evidence or notices of intent to deny that USCIS may issue to a petitioner, unless the SIJ petitioner requests additional time to respond to the request/notice and thereby tolls the time in which USCIS must adjudicate the petition. USCIS must provide SIJ petitioners with sufficient time prior to the expiration of the 180 days to respond to the request/notice in an effort to complete final adjudication of the SIJ petition in a timely manner. USCIS may not use the issuance of a request for information or notice of intent to deny for the sole purpose of avoiding the statutory deadline for adjudication of an SIJ petition."
[Hats off to Matt Adams and team at NWIRP!]