Bouarfa v. Mayorkas Issue: Whether a visa petitioner may obtain judicial review when an approved petition is revoked on the basis of nondiscretionary criteria. Case below: 75 F.4th 1157 (11th Cir....
This document is scheduled to be published in the Federal Register on 04/30/2024 "On December 19, 2016, the Department of Homeland Security (DHS) published an interim final rule (2016 interim rule...
IMMpact Litigation, Apr. 25, 2024 "IMMpact Litigation, seeking redress for over 100,000 Ukrainian nationals paroled into the United States post-February 2022, today announces a significant advancement...
DOL, Apr. 26, 2024 "The Department of Labor today announced a final rule to strengthen protections for farmworkers . The rule targets vulnerability and abuses experienced by workers under the H...
NILA, Apr. 24, 2024 "The National Immigration Litigation Alliance (NILA) and Innovation Law Lab are thrilled to announce that, in response to the lawsuit we filed against the United States Citizenship...
Pereida v. Wilkinson (5-3)
Majority: "Under the INA, certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime. The Eighth Circuit correctly held that Mr. Pereida failed to carry this burden. Its judgment is Affirmed."
Dissent: "This case, in my view, has little or nothing to do with burdens of proof. It concerns the application of what we have called the “categorical approach” to determine the nature of a crime that a noncitizen (or defendant) was previously convicted of committing. That approach sometimes allows a judge to look at, and to look only at, certain specified documents. Unless those documents show that the crime of conviction necessarily falls within a certain category (here a “crime involving moral turpitude”), the judge must find that the conviction was not for such a crime. The relevant documents in this case do not show that the previous conviction at issue necessarily was for a crime involving moral turpitude. Hence, applying the categorical approach, it was not. That should be the end of the case."