April 24, 2024

Advocates File Lawsuit Challenging CBP’s Chronic Delays in Responding to FOIA Requests

NILA, Apr. 24, 2024 "Today, three immigration attorneys and two individuals filed a prospective class action lawsuit in federal court, challenging U.S. Customs and Border Protection’s (CBP) nationwide practice of failing to timely respond to requests for immigration records under the Freedom of Information Act (FOIA). FOIA gives individuals the right to access information that the federal government possesses...

April 24, 2024

USCIS to Open International Field Offices in Qatar and Turkey

USCIS, Apr. 23, 2024 "U.S. Citizenship and Immigration Services (USCIS) today announced the upcoming opening of international field offices in Doha, Qatar, and Ankara, Turkey, to increase capacity for refugee processing, strengthen strategic partnerships, and facilitate interagency cooperation. “Opening these field offices establishes a USCIS presence and expertise in critical locations in the Middle East...

April 24, 2024

CA10 on Asylum, Chevron: Rangel-Fuentes v. Garland

Rangel-Fuentes v. Garland "Cristina Rangel-Fuentes petitions for review of a final order of removal issued by the Board of Immigration Appeals (BIA), arguing that under 8 U.S.C. § 1229b(b)(1)(D), the age of a qualifying child for the purposes of the cancellation of removal should be fixed no later than the date the immigration judge closes the administrative record. In the alternative, Rangel argues that Tenth...

April 24, 2024

Unaccompanied Children Program Foundational Rule (Advance Copy)

This document is scheduled to be published in the Federal Register on 04/30/2024 "This final rule adopts and replaces regulations relating to key aspects of the placement, care, and services provided to unaccompanied children referred to the Office of Refugee Resettlement (ORR), pursuant to ORR’s responsibilities for coordinating and implementing the care and placement of unaccompanied children who are in...

April 23, 2024

Department of State v. Muñoz: Supreme Court Oral Argument Transcript

Department of State v. Muñoz

April 22, 2024

DOS Final Rule; Exchange Visitor Program; Advance Copy

This document is scheduled to be published in the Federal Register on 04/23/2024 "On March 28, 2023, the U.S. Department of State (Department of State) published in the Federal Register an interim final rule with request for comment (2023 Interim Final Rule) for the Exchange Visitor Program regulations that apply to sponsors the Department of State designates to conduct international educational and cultural exchange...

April 18, 2024

Challenge to Asylum IFR Fails - Arizona v. Garland

Arizona v. Garland "This is a challenge by 19 states to an administrative action of the Executive Branch establishing a new procedure for adjudicating asylum applications under federal immigration law. The new process – set forth in an Interim Final Rule (the “Asylum IFR”) promulgated by the Departments of Justice and Homeland Security (“DOJ” and “DHS,” respectively) –...

April 18, 2024

Citizenship Victory in MN - Moran v. Mayorkas

Moran v. Mayorkas "At the time of Mr. Valadez Moran's birth, it is more likely than not that his mother, Ms. Moran, was a citizen of the United States by virtue of her birth in Elsa, Texas on April 27, 1975. U.S. Const. amend. XIV § 1. It is more likely than not that Ms. Moran was physically in the United States for a period of at least five years (from 1987 to 1992), and that she was older than the age...

April 18, 2024

J-1 MOC - Japan (eff. Apr. 5, 2024)

This document is scheduled to be published in the Federal Register on 04/19/2024 "Notice of a Memorandum of Cooperation (MOC) between the Government of the United States and the Government of Japan and waiver of a regulatory requirement. SUMMARY: In accordance with the requirements of the Exchange Visitor Program regulations, the Assistant Secretary for Educational and Cultural Affairs (ECA), U.S. Department of...

April 17, 2024

Mar. 20, 2024 AILA DOS Liaison Meeting Minutes

Courtesy of AILA; AILA Doc. 24022603 "The Department of State’s Office of the Assistant Legal Adviser for Consular Affairs (L/CA), in coordination with the Visa Office in the Bureau of Consular Affairs, appreciates the opportunity to continue the semi-annual engagements with the AILA DOS Liaison Committee. We believe these discussions, and publication of Department responses to issues raised by AILA on Travel...

April 12, 2024

CA6 on Abuse of Discretion: Abdulahad v. Garland

Abdulahad v. Garland "Walid Abdulahad petitions for review of the Board of Immigration Appeals’ (the “Board”) denial of his motion to reopen based on changed country conditions in Iraq. The Board denied the motion to reopen because it found that Abdulahad’s motion evidence was cumulative of evidence submitted with prior motions to reopen, Abdulahad had not established a particularized risk...

April 12, 2024

Employment Authorization for Ethiopian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Armed Conflict and the Current Humanitarian Crisis in Ethiopia: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "The Department of Homeland Security is suspending certain regulatory requirements for F-1 nonimmigrant students from Ethiopia who are experiencing severe economic hardship as a direct result of the current armed conflict and the current humanitarian crisis in Ethiopia. The Secretary is providing relief to these students who are in...

April 12, 2024

Extension and Redesignation of Ethiopia for Temporary Protected Status: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Ethiopia for Temporary Protected Status (TPS) for 18 months, beginning on June 13, 2024, and ending on December 12, 2025. This extension allows existing TPS beneficiaries to retain...

April 12, 2024

Employment Authorization for Certain Palestinian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Humanitarian Crisis in the Palestinian Territories: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "The Department of Homeland Security (DHS) is suspending certain regulatory requirements for certain Palestinian F-1 nonimmigrant students who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in the Palestinian Territories. The Secretary is providing relief to these students who are in...

April 12, 2024

Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Certain Palestinians: Advance Copy

This document is scheduled to be published in the Federal Register on 04/15/2024 "On February 14, 2024, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer for 18 months, the removal of certain Palestinians present in the United States and to provide them with...

April 11, 2024

Last Day to Apply for BIA Opening (Apr. 12, 2024)

Appellate Immigration Judge "This position is in the Board of Immigration Appeals, within the Executive Office for Immigration Review. The incumbent reports to a Deputy Chief Appellate Immigration Judge, who in turn reports to the Chief Appellate Immigration Judge. ... Open & closing dates: 03/13/2024 to 04/12/2024 ... Salary: $156,924 - $204,000 per year"

April 10, 2024

The Proposed Laken Riley Act Is Even Worse Than It Seems

David Isaacson, Apr. 9, 2024 "On March 7, 2024, the Republican-led U.S. House of Representatives passed the “Laken Riley Act”, H.R. 7511 . The bill was named after a murder victim from Georgia, whose “alleged murderer”, as the bill describes him, had been paroled into the United States from Venezuela and had previously been arrested for driving a scooter without a license (with a child who...

April 10, 2024

EB-5 Regional Center Audit News (Apr. 9, 2024)

USCIS, Apr. 9, 2024 "Under the new provisions of section 203(b)(5)(E)(vii) added by the EB-5 Reform and Integrity Act of 2022 (RIA) to the Immigration and Nationality Act, we must audit each designated regional center at least once every five years. This audit will include a review of any documentation required to be maintained by the regional center and a review of the flow of immigrant investor capital into any...

April 10, 2024

USCIS Adopts DOL Definition of "Science or Art" for Sched. A, Group II Cases

USCIS, Apr. 10, 2024 "U.S. Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases. For many employment-based 2nd and 3rd preference (EB-2 and EB-3) petitions, employers must obtain a labor certification from DOL before filing Form I-140, Immigrant...

April 09, 2024

Visa Bulletin for May 2024

Visa Bulletin for May 2024

April 07, 2024

APA Victory in Chicago: Bristow v. Mayorkas

Bristow v. Mayorkas "Plaintiff Mark Bristow, a United States citizen, has filed a Form I-130 petition for an immigrant visa on behalf of his husband, Plaintiff Felixberto Tinga Villamil II. Form I-130 is intended to help relatives and spouses of American citizens obtain an immigrant visa to lawfully remain in the United States. The United States Citizenship and Immigration Services (“USCIS” or “Defendant”...

April 04, 2024

Latest Flores (Judge Gee) Order, Apr. 3, 2024

Flores v. Garland, Apr. 3, 2024

April 04, 2024

CA2 Remand, Age Out, Agency Delay: Cruz v. Garland

Cruz v. Garland (unpub.) "We ... remand for the BIA to consider in the first instance whether the delays in this case were undue and attributable to the agency, and if the BIA finds that they were, for the BIA to address the IJ’s reasons for finding Cruz ineligible for cancellation." [Hats off to Farid Ahmed !]

April 04, 2024

USCIS Increases Automatic Extension of Certain Employment Authorization Documents to Improve Access to Work Permits

USCIS, Apr. 4, 2024 "Building on extensive modernization efforts that have streamlined and improved access to work permits for eligible noncitizens, USCIS today announced a temporary final rule (TFR) to increase the automatic extension period for certain employment authorization documents (EADs) from up to 180 days to up to 540 days. This announcement follows improvements that have reduced processing times for...

April 03, 2024

Securitas Settles I-9 Beef for $175K

DOJ, Apr. 2, 2024 "The Justice Department announced today that it has secured a settlement agreement with Securitas Security Services USA Inc. (Securitas), a protective services company with locations throughout the United States. The agreement resolves the department’s determination that certain Securitas locations violated the Immigration and Nationality Act (INA) by discriminating against non-U.S. citizens...