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State Net Capitol Journal Legislative Updates: New Foreclosure and Mortgage Relief Laws in Oregon and Florida

GOVERNORS IN BRIEF: FLORIDA Gov. Rick Scott (R) signed SB 1852, legislation that will distribute $200 million to pay for various mortgage relief programs to help Sunshine State residents harmed in the real estate collapse. The money is part of the state's $8.4 billion cut of the $25 billion settlement...

California Governor Brown Scrambles To Meet Federal Court Prison Order

BROWN SCRAMBLES TO MEET CA PRISON ORDER: Faced with yet another stinging rebuke from the federal court system over its overcrowded prisons, California Gov. Jerry Brown (D) and Golden State prison officials said they will act to cull 9,600 inmates from the 33-prison system by the end of the year. Most...

Free Webinar: Relief for Victims of Human Trafficking, Domestic Violence; Dec. 11th, 2:00 P.M. EST

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a webinar on Wednesday, December 11, 2013 from 2:00 p.m. to 3:30 p.m. to discuss the various relief options available to victims of human trafficking, domestic violence, and other serious crimes. During this training...

Unpub. BIA Descamps Victory in Oklahoma

"The respondent was convicted of domestic abuse - assault and battery under Oklahoma Statute 21, section 644C. which requires assault and battery against certain types of victims. In Steele v. Oklahoma, 778 P.2d 929 (1989), the Oklahoma Criminal Court of Appeals held that only the slightest touching...

Pro Se Manual: Asylum, Withholding of Removal, and Convention Against Torture Protection for Survivors of Domestic Violence

"In response to a call from advocates, CGRS developed a pro se manual for survivors of domestic violence seeking asylum, withholding of removal, and Convention Against Torture protection in the United States. We were troubled by countless stories of women who were eligible for asylum but who did...

Advocates File Supreme Court Amicus Brief in CODV Case

"This brief respectfully emphasizes to the Court that a ruling reversing the Court of Appeals based on a broad reading of “misdemeanor crime of domestic violence” could have profound effects on immigration law. These include the unintended consequences of hurting immigrant domestic violence...

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

Labor Department to Delay Implementation of BALCA Ruling in Island Holdings | On December 20, 2013, the Labor Department announced that it would seek review of the ruling issued by the Board of Alien Labor Certification Appeals in Matter of Island Holdings LLC , which vacated supplemental prevailing...

Castleman SCOTUS Decision Avoids Harming Immigrants

"The US Supreme Court ruled that an expansive definition of domestic violence should apply to firearms cases but notes that the ruling does not apply in the immigration law context, apparently recognizing ASISTA's arguments that its decision should not unwittingly harm immigrants (see footnote...

In Efforts Against Domestic Abuse, New Report Urges Mainers to Build Bridges Towards Safety and Accountability

“Maybe there was something I could have done.” This is the all-too-familiar comment heard in the wake of Maine’s twelve domestic violence homicides in 2013 and it has led Maine’s top experts on domestic abuse to encourage more Mainers to look for the signs of abuse and to connect...

Guatemalan Woman Is Ruled Eligible for Asylum in U.S. on Basis of Domestic Abuse

"The nation’s highest immigration court has found for the first time that women who are victims of severe domestic violence in their home countries can be eligible for asylum in the United States. The decision on Tuesday by the Board of Immigration Appeals in the case of a battered wife from...

Off-Duty Domestic Violence — What’s an Employer to Do?

As NFL Commissioner Roger Goodell can tell you , it isn’t easy for an employer to handle off-duty domestic violence situations. Sometimes your employee is the victim. If so, you may have someone who is distracted, scared, upset, or frequently absent because of physical injury or psychological...

States With Pro-Employee Laws: Domestic Violence Victim Workplace Protection

Or, States That Don't Suck For Employees Part V Massachusetts was the latest state to enact a law requiring employers to give victims of domestic violence time off work without penalizing them. Since I frequently raunch on Florida for being so anti-employee, I decided to write today to give my...

Honduran Mom in Artesia Granted Asylum by Video

"An immigration judge [in Arlington, VA] granted asylum on Thursday to a Honduran woman and her children after the woman testified that she was beaten, threatened and raped at gunpoint by her husband before fleeing to the United States. The woman, whose attorney asked be identified by her initials...

Domestic Violence and the Plight of the Unauthorized Migrant: Hon. Mimi Tsankov

"VAWA provides wide-ranging support, including enhanced immigration-related prosecution measures, expanded and better-coordinated federal and state enforcement partnerships, comprehensive immigration law benefits for victims, and expanded federal financial support and guidance for state and local...

Sua Sponte Reopening Victory in DV Case; Venue Change

"In her motion to reopen, the respondent has provided evidence that she suffered physical, mental, and sexual abuse in EI Salvador at the hands of family members when she was very young, and similar abuse later in her life at the hands of a man she calls her common law husband. In light of recent...

AAO I-360 Victory: Spouse's Suicide Was Domestic Violence

"On appeal, the petitioner contends that I-A- subjected her to verbal, physical, sexual, and psychological abuse which included repeated threats and graphic descriptions of suicide. The petitioner asserts further that I-A-'s threats to kill himself, the petitioner, and their child played an...

Domestic Violence Discrimination

A bill pending in the Delaware legislature would expand the state’s anti-discrimination statute. House Bill 4 would prohibit discrimination on the basis of domestic violence, sexual offense, or stalking. If passed, the bill would have important implications for Delaware employers. Here’s...

Supreme Court Grants Cert In Domestic Assault Predicate-Offense Dispute

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court today agreed to decide whether domestic violence convictions in tribal court in which the defendant did not have counsel can be used to satisfy the predicate-offense element of 18 U.S. Code Section 117(a), [subscribers can access an enhanced...

Domestic, Sexual Violence Fuel Exodus from Central America

Pamela Constable, Washington Post, Jan. 31, 2016 - "One woman described being raped, strangled and bashed against a wall by the father of her twin boys. Two teenagers said they were forced to become sex slaves for gang members. A young mother was severely beaten by her ex-boyfriend and obtained...

Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group

Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate to contact me." The Law Office of Christina...

BIA on Circumstance-Specific Approach, Sentencing: Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016)

Matter of H. Estrada, 26 I&N Dec. 749 (BIA 2016) - "Considering the totality of the evidence, we agree with the Immigration Judge that the DHS has established the domestic nature of the respondent’s offense by clear and convincing evidence and that the respondent is therefore removable...

Sessions Likely to End Asylum Eligibility for Victims of Domestic Violence: How Courts Can Resist

Sophia Genovese, Mar. 20, 2018 - "Violence against women is the most pervasive and underreported human rights violation in the world. Whether you live on the Upper East Side or in Gugulethu, South Africa, you likely know a woman or girl who has been the victim of sexual or gender-based violence...

Sessions Overrules A-R-C-G-: Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018)

Matter of A-B-, 27 I&N Dec. 316 (A.G. 2018) Headnotes: (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking to establish persecution on account of membership...

Statement in Response to Sessions' Decision in Matter of A-B- by Retired Immigration Judges and Former Members of the Board of Immigration Appeals

June 11, 2018 - "As former Immigration Judges with decades of experience at the trial and appellate level, we consider the Attorney General’s decision an affront to the rule of law. As former judges, we understand that in order to be fair, case law must develop through a process of impartial...

July 11, 2018 OPLA Memo: Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-

July 11, 2018 OPLA Memo: Litigating Domestic Violence-Based Persecution Claims Following Matter of A-B-