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...
NILA, Mar. 28, 2024
"On March 19, 2024, the Supreme Court issued its opinion in Wilkinson v. Garland, No. 22-666, 601 U.S. __, 2024 WL 1160995 (2024). The decision holds that the application of the statutory hardship standard for cancellation of removal, found in 8 U.S.C. § 1229b(b)(1)(D), to established facts presents a mixed question of law and fact which a federal court of appeals has jurisdiction to review under 8 U.S.C. § 1252(a)(2)(D). The decision does not break new ground, but instead applies the Court’s precedent in Guerrero-Lasprilla v. Barr, 589 U.S. 221 (2020), to review of the cancellation hardship standard. Significantly, however, the decision abrogates decisions from six courts of appeals. This practice advisory explains the Court’s holding and rationale, discusses its implications for petitions for review raising similar issues in other contexts, and suggests steps that a noncitizen whose case is impacted by the decision may take. Accompanying this advisory in Word format are a template motion to recall the mandate and a template motion to reissue."