LexisNexis® Legal Newsroom
Ninth Circuit on deadlines, weekends

"[W]e hold that, where the last day of a period of voluntary departure falls on a day on which an immigrant cannot file a motion for affirmative relief with the BIA, that day does not count in the voluntary departure period if, as here, the immigrant files on the first available day a motion that...

Seventh Circuit on JRADs, due process, ineffective assistance

"Jorge Solis-Chavez is a native of Guatemala who has been a lawful permanent resident in the United States since 1980. In 2007 he faced removal as a result of a 1989 Illinois conviction for sexual abuse of a minor. He initially argued that he was not subject to removal because the judge who convicted...

Unpub. BIA In Absentia Victory: Matter of Wajay

Eric Bjotvedt writes: " Attached is a decision your readers may find very helpful on the issue of reopening cases where the alien received notice but failed to show up anyway. In this case, I informed the judge that I did not know why my client did not show up but that I did give him notice...

Chicago Immigration Judge Denies Reprieve Motion

"A Chicago judge denied an immigration prosecutor’s request last week for an “administrative closure” of a deportation proceeding against Sebastian Pineda, a Mexican immigrant whose case was chronicled by The Chicago Reporter in August. The decision threw a wrench into the U.S...

CA2 on Statelessness, Motions to Reopen: Jourbina v. Holder (Unpub.)

C. Mario Russell writes: "I am delighted to report that a stateless family’s petition for review to the Second Circuit Court of Appeals was granted and the decision of the BIA denying a motion to reopen vacated. Jourbina v. Holder 11-1540 (2CA 2013)(attached) . The Jourbina family was made...

Interlocutory Appeal to BIA Granted, COV Motion Granted (in re IJ Deitrich Sims)

Nilou Khonsari writes: "Recently, our nonprofit organization represented a client who sought a motion to change venue from Dallas to San Francisco. The Department of Homeland Security specifically did not oppose the motion to change venue. Immigration Judge Deitrich Sims denied the motion. The denial...

USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended

"Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice. Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the...

Practice Alert for Dallas Immigration Court Practitioners

Dallas Immigration Judge Deitrich Sims, despite repeated reversals by the Board of Immigration Appeals, continues to deny various joint and unopposed motions. We previously reported on his denial of joint and unopposed motions to change venue. See: http://goo.gl/bp3wFd In a recent case, he rejected...