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

Supreme Court To Consider Constitutionality of “Crime of Violence” Definition | On September 29, 2016, the Supreme Court announced that it would consider whether the definition of “crime of violence” under 18 U.S.C. §16(b) is unconstitutionally vague. The statute defines...

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

DHS Advisory Committee Recommends Closing of Family Detention Centers | On September 30, 2016, the Department of Homeland Security Advisory Committee on Family Residential Centers issued a lengthy report calling for the department to close its three family detention centers. Among other recommendations...

Immigration Perspectives On The Eve Of The 2016 Presidential Election - Cyrus Mehta

Cyrus Mehta, Nov. 6, 2016 - "The United States has always prided itself as a nation of immigrants. Unfortunately, however, there has been disturbing rhetoric against immigrants and refugees in the current presidential election season. This has been exemplified in racist taunts and epithets against...

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

Supreme Court To Review BIA Definition of 'Sexual Abuse of a Minor' | On October 28, 2016, the Supreme Court granted certiorari in a case challenging a precedential decision by the Board of Immigration Appeals holding that consensual intercourse between a twenty-one-year-old and a seventeen...

LexisNexis Expert Author: Trump's Immigration Changes May Take Time - Cornell Law Prof. Stephen W. Yale-Loehr

Miriam Valverde, Politifact, Nov. 9, 2016 - "Here’s a recap of Trump’s 10-point immigration plan : 1. Build an "impenetrable physical wall on the southern border" that he says Mexico will pay for. 2. End " catch-and-release ." If anyone is caught illegally crossing...

Q & A: What Can President Trump Really Do About Immigration? (LexisNexis Expert Author Stephen Yale-Loehr)

Dianne Solís, Dallas Morning News, Nov. 10, 2016 - " Stephen Yale-Loehr is an authority on U.S. immigration and asylum law and an adjunct professor at Cornell University Law School. He was a collaborator on the award-winning book Green Card Stories. Yale-Loehr answered our questions about...

President Trump Will Have 'Wide Discretion' on Immigration - LexisNexis Expert Author Stephen W. Yale-Loehr

Alan Gomez, USA Today, Nov. 14, 2016 - "Generally speaking, any president has wide discretion when it comes to enforcing our immigration laws because immigration touches on national sovereignty," said Stephen Yale-Loehr, a professor at Cornell Law School and author of a 21-volume treatise,...

Immigrants’ Rights Under a Trump Presidency - MALDEF FAQ

MALDEF - "During his campaign, President-elect Donald Trump called Mexican immigrants “criminals” and vowed to build a border wall, rescind the Obama Administration’s DACA (Deferred Action for Childhood Arrivals) and DAPA (Deferred Action for Parents of Americans and Lawful Permanent...

Angelo Paparelli on the Short-Term Impact of the Election on Business and Employment-Based Immigration

Angelo Paparelli writes : "The unforeseen victory of Donald Trump and the continued GOP control of both houses have caught many by surprise. Since control of illegal immigration served as a foundation stone of the incoming president’s campaign, many now wonder or worry about the future of...

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

GAO Finds Wide Disparities in Asylum Grant Rates | On November 14, 2016, the Government Accountability Office (GAO) released a report finding wide disparities in asylum grant rates at immigration courts throughout the country. The report analyzed nearly 600,000 asylum applications completed between...

What is torture?

Absence of visible daylight? Unsafe water? No watch or clock? No books, no television, no radio? In Arguelles v. United States AG, 2016 U.S. App. LEXIS 21034, the Eleventh Circuit Court of Appeals affirmed a decision to remove Freddy Arguelles to Venezuela, where he was immediately arrested...

An Immigration Giant Passes: Stanley Mailman (1930-2016)

With heavy hearts, the authors, staff and Editorial Boards of all Matthew Bender / LexisNexis immigration publications share this news: Stephen W. Yale-Loehr writes: "Stanley Mailman, a prominent immigration lawyer and former partner at Satterlee, Stephens, Burke & Burke, passed away in his...

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

EOIR Expands Sites for Legal Orientation Program | On November 8, 2016, the Executive Office for Immigration Review announced the expansion of the Legal Orientation Program to the Irwin County Detention Center in Ocilla, Georgia, the Polk County Detention Center in Livingston, Texas, and the Rolling...

LexisNexis Expert Author Stephen W. Yale-Loehr on Trump, DACA, Immigration Policy

"On immigration, Trump may not get Congress to fund an expensive and extensive wall, but he could do a lot on his own to control who comes into the country, says Stephen Yale-Loehr, a law professor at Cornell and an expert on immigration law . With the authority granted to the president on national...

Supreme Court Grants Cert. in Immigration Case: Lee v. U.S.

Lee v. United States, No. 16-327, SCOTUSblog Issue: Whether it is always irrational for a noncitizen defendant with longtime legal resident status and extended familial and business ties to the United States to reject a plea offer notwithstanding strong evidence of guilt when the plea would result...

Advance Copy of DOJ Final Rule: Standards and Procedures for the Enforcement of the Immigration and Nationality Act

This document is scheduled to be published in the Federal Register on 12/19/2016 - "This rule revises the Department of Justice’s (Department’s) regulations implementing a section of the Immigration and Nationality Act (INA) concerning unfair immigration-related employment practices...

The Ethical Role of Immigration Lawyers During the Trump Regime - Cyrus Mehta

Cyrus Mehta, Dec. 19, 2016 - "... The role of the immigration lawyer has become ever more important since Trump winning the election, and the prospects for increased immigration enforcement after January 20, 2017 when Trump is President. While Trump has softened some of his harsh rhetoric since...

News Excerpts From the Jan. 1, 2017, Bender’s Immigration Bulletin

EEOC Updates Guidance on National Origin Discrimination | On November 21, 2016, the Equal Employment Opportunity Commission (EEOC) issued updated guidance for employers on national origin discrimination, as well as a question-and-answer guide and fact sheet for small businesses. The guidance, which...

Cyrus Mehta's Top Ten Posts for 2016

Cyrus Mehta, Dec. 30, 2016 - "Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the top 10 most viewed blogs in 2016. While these are the 10 most viewed blogs, each blog is a carefully crafted gem, and we invite you to read all of them. In 2016, we covered a...

Expert: Immigration 'Battleship of Bureaucracy' May Stymie Trump

Scott Glover, CNN, Jan. 4, 2017 - " Stephen Yale-Loehr , who teaches immigration law at Cornell Law School, agreed that Trump would be able to have meaningful impact during the first year of his presidency, but not to the extent suggested during the campaign. "On the campaign trail things are...

Reuters Exclusive: Trump Team Seeks Records on Border Barriers, Surveillance, More

Julia Edwards Ainsley, Reuters, Jan. 4, 2017 - "In a wide-ranging request for documents and analysis, President-elect Donald Trump's transition team asked the Department of Homeland Security last month to assess all assets available for border wall and barrier construction. The team also...

Expert: Big Immigration Changes Require Lengthy Rulemaking Processes, Could Trigger Litigation

Reuters, Jan. 12, 2017 - "While Trump could initiate some changes to the visa program with executive action, significant shifts would likely need to go through a lengthy formal rulemaking process, said Stephen Yale-Loehr, an immigration expert at Cornell Law School. Major changes would likely be...

Trump Immigration Crackdown Could Begin on Friday, Jan. 20, 2017

Brian Bennett, Los Angeles Times, Jan. 19, 2017 - "Trump’s transition team has planned a “very robust few weeks” of executive actions on immigration, energy policy, crime and combating terrorism, Spicer told reporters Wednesday. He said Trump will sign “four or five”...

CIVIC Files Civil Rights Complaint Alleging Frequent Denial of Visits at Cal. Immigration Jail Since Election

CIVIC, Jan. 18, 2017 - "Community Initiatives for Visiting Immigrants in Confinement (CIVIC) has filed a formal complaint with the Office for Civil Rights & Civil Liberties within the Department of Homeland Security on behalf of the people who are currently or were previously detained at the...

News Excerpts From the Jan. 15, 2017, Bender’s Immigration Bulletin

AAO Vacates NYSDOT ; Announces New NIW Criteria | USCIS’s Administrative Appeals Office has vacated the key case on obtaining a national interest waiver of the requirements to obtain a job offer and labor certification, Matter of New York State Department of Transportation, from 1998. The AAO...