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...
"On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires). The court found that the statute was clear and unambiguous and that the regulation was inconsistent with the statute. The Department of Homeland Security (DHS) did not seek further review of this decision.
As a result of this decision and a growing number of Federal courts reaching the same conclusion, U.S. Citizenship and Immigration Services (USCIS) has decided to acquiesce to the Shalom Pentecostal decision nationally and will no longer deny special immigrant religious worker petitions based on the lawful status requirements at 8 CFR 204.5(m)(4) and (11).1 To promote a uniform immigration policy and consistent adjudications, this policy memorandum (PM) instructs USCIS employees to apply the Shalom Pentecostal decision nationwide until such time as DHS amends the regulations at 8 CFR 204.5(m)(4) and (11) to remove the lawful status requirements. This PM updates chapter 22.3(b) of the Adjudicator’s Field Manual (AFM); AFM Update PM-602-0119. The guidance contained in this PM is controlling and supersedes any prior guidance on the lawful status requirements for special immigrant religious workers." - USCIS, July 5, 2015.