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News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers to noncitizens who the agency has “reason...

News Excerpts From the May 15, 2014, Bender’s Immigration Bulletin

USCIS Issues New Guidelines on Credible Fear Interviews On February 28, U.S. Citizenship and Immigration Services issued new guidelines for asylum officers charged with determining whether applicants possess credible fears of persecution or torture in their home countries. According to a memorandum...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

News Excerpts From The July 15, 2015, Bender’s Immigration Bulletin

BIA Will Solicit Amicus Briefs | On June 19, 2015, the Executive Office for Immigration Review announced that the Board of Immigration Appeals has launched a one-year pilot program to solicit amicus briefs from interested parties. The Board will post invitations on a public website that describes...

News Excerpts From the Sept. 15, 2015, Bender’s Immigration Bulletin

BIA Seeks Amicus Briefs on Effect of Moncrieffe on 3rd Circuit Case | On August 26, 2015, the BIA issued a notice requesting amicus briefs regarding whether Jeune v. Attorney General of the United States , 476 F.3d 199 (3d Cir. 2007) [ enhanced opinion available to lexis.com subscribers | Lexis Advance...

News Excerpts From the Oct. 15, 2015, Bender’s Immigration Bulletin

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

News Excerpts from the March 1, 2016, Bender’s Immigration Bulletin

EOIR Revises Docket Priorities | On February 3, 2016, Chief Immigration Judge Print Maggard issued a memorandum revising certain docket priorities for the Executive Office for Immigration Review. In cases involving unaccompanied minors, immigration courts will schedule an initial master calendar...

News Excerpts From the March 15, 2016, Bender’s Immigration Bulletin

Attorney General Appoints Three New BIA Members | On February 26, 2016, Attorney General Loretta Lynch appointed three new members to the Board of Immigration Appeals. Two of the new Board members—Molly Kendall Clark and Ellen Liebowitz—previously served as senior legal advisors to the...

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred from the Vermont Service Center to the California...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...