ACLU SoCal, May 16, 2024 "The so-called “knock-and-talk” practice by U.S. Immigration and Customs Enforcement (ICE) is unlawful and unconstitutional, according to a federal judge who...
Leger v. U.S. Atty. Gen. "In this case, we must decide whether a Florida conviction for lewd and lascivious battery under the 2008 version of Fla. Stat. § 800.04(4)—an offense which the...
This is the text of the Efficient Case and Docket Management in Immigration Proceedings Final rule as signed by the Attorney General, but the official version of the Final rule will be as it is published...
Matter of Furtado, 28 I&N Dec. 794 (BIA 2024) (1) A petitioner seeking approval of a Form I-130 for an adopted child from a country that is a party to the Convention on Protection of Children and...
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...
Ira Kurzban writes: "My firm filed the attached complaint and thought it would be of interest to Bender’s readers. We are challenging the failure of USCIS to provide employment authorization to all TPS applicants upon filing the application. Under the INA 244(a)(4)(B) applicants for TPS “shall” receive employment authorization upon establishing a prima facie case. USCIS, as a practical matter, never makes a prima facie determination of a TPS applicant’s claim. Instead, it treats the fully completed application as having made the claim but does not grant employment authorization upon filing. The case, if successful, will affect tens of thousands of TPS applicants who have waited until their TPS applications are approved to receive employment authorization. But even then, many wait for months if not years until an I-765 is approved. TPS applicants, however, are entitled to receive employment authorization incident to their status as “applicants” and later as persons “approved” for TPS, see INA 244(a)(1)(B) without filing an I-765. The complaint is not filed as a class action because of the bar under INA 242(f)(1). However, we believe that approval of these claims will result in approval of all TPS applicants because the issue is the same, that is, applicants for TPS are entitled to employment authorization incident to status."