Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) - The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because this remedy is contrary...
In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law: "Because Lead Petitioner credibly stated that she did not receive the NOH, the BIA abused...
TRAC, Oct. 11, 2023 "In July 2023, Customs and Border Protection (CBP) officers at ports of entry across the United States issued a record number of Notices to Appear—44,900 in total—to immigrants who were found inadmissible under U.S. law. Noncitizens...
Ud Din v. Garland "[A] question arises as to how the Ud Dins’ removal will affect their future ability to apply for reentry to the United States. A permanent and unwaivable bar on reentry applies to any alien who filed a frivolous claim for asylum...
Perez-Portillo v. Garland "Petitioners Idania Yamileth Perez-Portillo and her minor daughter, Stefani Abigail Arevalo-Perez, 1 seek review of the Board of Immigration Appeals’ (BIA) dismissal of Perez-Portillo’s appeal from an Immigration Judge’s (IJ) denial...
NILA in Action, Nov. 7, 2022 "In LaParra-DeLeon v. Garland , NILA submitted an amicus brief and reply brief in support of the petitioner, on behalf of itself and three other immigrants’ rights organizations. The case, a petition for review of published...
Torres Hernandez v. Lynch, June 8, 2016 - "Petitioner Torres Hernandez was ordered removed in abstentia on January 13, 2010. He filed a motion to reopen on the basis that he was unaware that a notice to appear had been issued years earlier and he never received...
"The Executive Office for Immigration Review (EOIR) has published in the Federal Register a proposed rule amending the regulations governing the requirements and procedures for authorizing representatives of non-profit religious, charitable, social service...
"USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily...
"We agree that the IJ dropped the ball and applied the wrong legal standard in reviewing Renaut's motion (albeit a different legal error from the one Renaut identified). The BIA likewise missed by affirming the IJ based on that incorrect legal principle...
"The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this Notice to announce (1) the allowable charges for 2015 that employers seeking H–2A workers may charge their workers when the employer provides three meals...
"The BIA committed legal error by determining that Barrios-Cantarero was properly given notice through a letter addressed to Adrian Eliseo and therefore abused its discretion by denying his motion to reopen. ... Here, the BIA failed to apply 8 C.F.R. § 103...
"The Department of Homeland Security (DHS) is amending its regulations governing when U.S. Citizenship and Immigration Services (USCIS) will issue correspondence, notices of decisions, and documents evidencing lawful status in the United States to an applicant...
"Petitioner Ai Jun Zhi, a Chinese citizen, petitions for review of the denial of his application for asylum and withholding of removal. As we explain below, one of the bases for the immigration judge’s (“IJ”) adverse credibility determination is not supported...