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...
"[T]he Immigration Judge correctly concluded that the evidence obtained by officers of the National Security Agency (NSA) on March 31, 2010, with regard to the respondent's immigration status, which prompted officers of the United States Immigration and Customs Enforcement (ICE) to detain the respondent and place him in removal proceedings, should be suppressed. ... We agree with the Immigration Judge that the respondent met his burden of establishing a prima facie case that suppression is warranted in his proceedings on the basis of the NSA officers' egregious conduct. ... We also agree with the Immigration Judge that the Fourth Amendment violation described by the respondent was egregious because it seemed to be based solely on race (Gonzalez-Rivera v. INS, 22 F.3d 1441, 1443 (4th Cir. 1994); see also Tr. at 14-15, 18, 27-31), and that such conduct warrants suppression of the evidence obtained. INS v. Lopez-Mendoza, supra, at 1051. The Immigration Judge made specific findings of fact on this, which are not clearly erroneous. The Immigration Judge found that while the respondent was detained, other drivers committed the same traffic violation that he had committed, yet only one other driver, also Hispanic, was questioned regarding his immigration status. Both white and black drivers were stopped briefly but were allowed to pass and no other driver received a citation for turning into the NSA facility. ... The [DHS] appeal is dismissed." - Matter of Lara-Torres, Jan. 28, 2014, unpub.
[Hats way off to Jaime Winthuysen Aparisi and Yusuf R. Ahmad! And thanks to Ben Winograd and IRAC for collecting!]