Visa Bulletin for June 2024 Notes D, E, F: D. VISA AVAILABILITY IN THE EMPLOYMENT-BASED SECOND (EB-2) PREFERENCE CATEGORY High demand in the Employment Second category will most likely necessitate...
Lexis+ subscribers, here are some new items you will find when searching in the Immigration Law sections: EOIR SOURCES >> Board of Immigration Appeals Practice Manual thru January 2024 ...
Suate-Orellana v. Garland "Although the IJ and BIA addressed her argument that her NTA was deficient on the merits, the legal landscape has changed significantly since the BIA’s decision dismissing...
From the NY AILA Chapter: "With heavy hearts, we announce the passing of Allen E. Kaye, a distinguished figure in the field of immigration law. Allen was a nationally recognized immigration lawyer...
This document is scheduled to be published in the Federal Register on 05/08/2024 "This final rule makes several clarifications and updates the definitions currently used to determine whether a consumer...
Molina-Diaz v. Wilkinson
"After reviewing the record, we conclude that the IJ never gave Molina the necessary opportunity to explain why she did not provide corroborating evidence. ... Molina also argues that the BIA erred in finding that she did not adequately apply for relief under the CAT. We agree. The BIA contends otherwise because even though Molina checked the box on her Application to indicate that she "want[ed] to apply for withholding of removal under the [CAT]," her supporting affidavit did not specifically mention the CAT. This determination, however, is contrary to the BIA's own precedent as set forth in Matter of N-M-, 25 I. & N. Dec. 526 (BIA 2011). ... For the foregoing reasons, we grant the petition, vacate the removal order, and remand for the BIA, when considering Molina's withholding and CAT claims, to allow Molina to produce the required corroborating evidence or explain why she is unable to do so."
[Hats off to Nancy J. Kelly and John Willshire Carrera!]