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...
Mpesse v. Garland
"In light of the fact that the critical role in deciding credibility is for the IJ, and because both the BIA and this court have found that the IJ erred in some of the evidence he relied on to find that the petitioner was not credible, we are not confident in a finding that there was “no realistic possibility” that the IJ and BIA would have found the petitioner credible on the remaining evidence. We vacate the decision that was already made not because we disagree that what remains as valid evidence of inconsistency is not enough to uphold the BIA and IJ. Instead, we vacate and remand because it is for the BIA and, if there is a further remand, for the IJ to re-evaluate whether the remaining inconsistencies are enough. We GRANT the petition for review and REMAND to the BIA."
[Hats off to David J. Rozas!]