Kurzban's Immigration Law Sourcebook

Kurzban's Sourcebook will help you locate the law on any immigration topic. It comprehensively summarizes and breaks down this complicated area of practice into concise and easy to understand bullet points.

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Do You Know a Pro Bono Hero?

Take part in AILA's Pro Bono Heroes recognition program. In the third quarter of 2014, an individual AILA member promoting the professional values of pro bono immigration legal work will be recognized. Nominate your AILA Pro Bono Hero today!

 

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AILA Monthly Calendar of Events: August 2014

AILA’s Interview of the Month With Video!

AILA’s Interview of the Month (AIM) is a series of short interviews on immigration from a wide variety of perspectives. Look for a new interview the first Monday of every month to enhance your perspective of the complexity and depth of immigration.

Don’t Waive Goodbye to Your Client

Get the popular Waivers Book: Advanced Issues in Immigration Practice for complex tips and practical guidance for every immigration practitioner. It covers adjustment of status, cancellation of removal, unlawful presence, and more. Order your copy today!

How Financially Fit is Your Practice?

For help finding the answer to this question and strategies to help you plan for your firm’s success, tune in to AILA’s newest Practice Management podcast. Free to members, this recording is a “must listen” for new or solo practitioners!

Recent Postings

  • 9/2/2014 CBP Practice Alert: “Implied Departure” and Denial of USCIS Benefits
    CBP Practice Alert regarding reports from multiple members who have received erroneous denials of COS and AOS applications where the client had purchased, but not used, an airline ticket to depart the U.S. CBP has already informed USCIS of this issue and expects a speedy resolution.
    AILA Doc. No. 14090243.
  • 9/2/2014 Call for Examples: USCIS Denials for Abandonment Based on "Implied Departures"
    Has USCIS denied your client’s change of status (COS) request or adjustment of status (AOS) application due to abandonment when s/he has not actually left the country? If so, submit your examples today!
    AILA Doc. No. 14090242.
  • 9/2/2014 AILA Comments on USCIS Interim Memo on Adjudication of H-1Bs for Nursing Positions (.pdf 1667 KB) AILA comments in response to USCIS’s interim memorandum with guidance on the adjudication of H-1B petitions for nursing positions and how to determine whether or not a nursing position meets the definition of a specialty occupation.
    AILA Doc. No. 14090240.
  • 9/2/2014 President Obama Announces More Key Administration Posts (.pdf 544 KB) White House press statement announcing President Obama’s intent to nominate individuals to more key Administration posts, including Sarah R. Saldaña, Nominee for Assistant Secretary for Immigration and Customs Enforcement, Department of Homeland Security.
    AILA Doc. No. 14090241.
  • 9/2/2014 AILA's September Removal Defense Conference Is Nearly Sold Out
    Registration for AILA's September 19, 2014, Fall CLE Conference in Seattle is already close to capacity. This hands-on conference is designed to delve deep into all matters regarding removal and solidify your knowledge and understanding of removal defense. Register soon, before it sells out!
  • 9/2/2014 Daily Immigration News Clips – September 2, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 2, 2014.
  • 9/2/2014 AILA Leadership Blog: Action on Immigration is Long Overdue
    Mo Goldman, Chair of AILA’s Media Advocacy Committee, shares his perspective about why the President should “Go Big” on immigration reform through executive action given the disappointing inaction by Congress.
  • 9/2/2014 USCIS Feedback Sessions on ELIS and Online Customer Service Tools (.pdf 770 KB) USCIS invitation to feedback sessions hosted at USCIS field offices around the country where USCIS will preview new online customer service tools and electronic filing features in ELIS. Facilitators will be on-site to observe how volunteers use the online tools and may ask for individual feedback.
    AILA Doc. No. 14090260.
  • 8/29/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 8/29/2014 Your AILA8 for August 29, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082943.
  • 8/29/2014 Settlement Agreement Requires Government Reforms to Voluntary Return System (.pdf 2607 KB) Settlement agreement reached in an ACLU class action law suit challenging DHS agents’ use of intimidation or misinformation to pressure plaintiffs to agree to voluntary return. Settlement includes reforms to voluntary return system and allows some plaintiffs to return to U.S.
    AILA Doc. No. 14082905.
  • 8/29/2014 BIA Holds Conviction Waived Under 212(c) Cannot be Charged as One of Multiple CIMTs
    Unpublished BIA decision holds that charge of deportability based on two CIMT convictions cannot be sustained if a 212(c) waiver was granted with respect to one of the convictions, distinguishing Matter of Balderas. Special thanks to IRAC. (Matter of Romero, 6/10/14)
    AILA Doc. No. 14082903.
  • 8/29/2014 BIA Reopens Sua Sponte to Permit Adjustment Based on Same-Sex Marriage
    Unpublished BIA decision reopens proceedings sua sponte in light of respondent’s marriage to his U.S. citizen husband and Supreme Court and BIA decisions recognizing the validity of same-sex marriages under the immigration laws. Special thanks to IRAC (Matter of Lopez, 6/10/14)
    AILA Doc. No. 14082902.
  • 8/29/2014 AILA Leadership Blog: The United States Must Do Better for Same-Sex Partners of Asylum Grantees
    Michael Jarecki advocates for LGBT individuals seeking asylum who “leave behind a same-sex partner who cannot become a spouse, as same-sex marriage is not legal in the asylee’s home country,” meaning that the partner “does not qualify to follow-to-join under U.S. immigration law.”
    AILA Doc. No. 14082901.
  • 8/29/2014 Video: Snapshots from Artesia: August 29, 2014
    AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14082900.
  • 8/29/2014 Notes from USCIS FOIA Stakeholder Meeting (.pdf 579 KB) Notes from the 8/20/14 USCIS FOIA meeting, including an overview of how FOIA cases are handled by the agency, success stories, best practices for submitting a FOIA request, and more.
    AILA Doc. No. 14082942.
  • 8/29/2014 OSC TAL on Including OPT Information in International Student Registry (.pdf 583 KB) An 8/19/14 Technical Assistance Letter (TAL) from DOJ’s Office of Special Counsel with guidance whether an organization can ask for and include OPT application and approval dates in an international student registry that is made available to prospective employers or recruiters.
    AILA Doc. No. 14082941.
  • 8/29/2014 2014 Visa Reciprocity Changes (Updated 8/29/14)
    DOS updates the visa reciprocity tables, including updated information for Costa Rica.
    AILA Doc. No. 14010841.
  • 8/29/2014 Daily Immigration News Clips – August 29, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 29, 2014.
    AILA Doc. No. 14082940.
  • 8/28/2014 Your AILA8 for August 28, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082850.
  • 8/28/2014 CA9 Finds Indian Petitioner Eligible for Asylum Based on His Imputed Political Opinion (.pdf 561 KB) The court found the petitioner eligible for asylum and withholding, holding that mixed-motive analysis applies to cases governed by the REAL ID Act and that the petitioner’s imputed political opinion was at least one central reason the Indian police targeted him. (Singh v. Holder, 8/26/14)
    AILA Doc. No. 14082849.
  • 8/28/2014 CA9 Holds Substantial Evidence Does Not Support BIA’s Adverse Credibility Determination (.pdf 536 KB) The court remanded, finding the BIA’s adverse credibility determination was flawed when it relied on petitioner’s omission until cross-examination of details concerning third parties, which were not contradictory to his earlier testimony or application materials. (Lai v. Holder, 8/25/14)
    AILA Doc. No. 14082848.
  • 8/28/2014 DOL Alert: New PERM Password Requirements (.pdf 477 KB) DOL alert regarding PERM password requirements beginning 8/25/14. From this date forward, PERM passwords will need to be changed every 90 days and must meet certain criteria to be valid.
    AILA Doc. No. 14082847.
  • 8/28/2014 Practice Pointer: AAO Transfer Issues (Updated 8/28/14)
    AAO Liaison Committee practice pointer reminds members that the AAO processing time clock starts when the appeal is received at the AAO, and not when the appeal is originally filed.
    AILA Doc. No. 11060132.
  • 8/28/2014 AIM: Deporting Our Families
    In August's Interview of the Month, we're joined by Yuri Gomez to discuss the impact that family deportations has on the U.S. citizen children left behind.
    AILA Doc. No. 14082846.
  • 8/28/2014 BIA Finds Respondent a Flight Risk but Sets Bond at $5,000 (.pdf 646 KB) Unpublished BIA decision holding that although the respondent is a flight risk, evidence of a fixed address, significant family ties, and her claim of relief from removal provides incentive for her to appear for future immigration proceedings and sets a bond of $5,000.
    AILA Doc. No. 14082845.
  • 8/28/2014 2014 AILA Colorado Chapter Rocky Mountain Immigration Law Update (Update 8/28/14)
    October 16-17, 2014
    Embassy Suites Denver
    Denver, CO
    This event is being presented by AILA’s Colorado Chapter. This event is not being organized by the AILA National Office.
  • 8/28/2014 Call for Examples: PERM Decisions Based on Educational Equivalency Language
    AILA's DOL Liaison Committee is seeking examples of adjudicated PERM applications that included language to the effect that employer would accept, in lieu of a degree, education and experience as determined by a professional evaluation service to be equivalent to the required degree.
    AILA Doc. No. 14050542.
  • 8/28/2014 Practice Advisory: Initial DACA and DACA Renewals (.pdf 988 KB) AILA, the American Immigration Council, and the National Immigration Project issued a joint practice advisory with updated information about Initial DACA and DACA Renewal, while also offering strategic advice for attorneys representing individuals who may qualify for DACA.
    AILA Doc. No. 14082844.
  • 8/28/2014 USCIS No Longer Using Red Ink for Secure Stamps (.pdf 564 KB) CBP alert that on 7/1/14, USCIS began using blue ink for many of its secure stamps. The older secure red ink will be retired and no longer used by USCIS. Alert includes a list of stamps that will be blue and a list of stamps that are black.
    AILA Doc. No. 14082843.
  • 8/28/2014 Daily Immigration News Clips – August 28, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 28, 2014.
  • 8/28/2014 Six Questions to Ask Yourself at the End of Every Week
    Before running out the office door this Friday, take a deep breath, relax and give yourself six minutes to answer these six simple questions.
    AILA Doc. No. 14082842.
  • 8/28/2014 DOS Interim Final Rule on Changes to Fees for Visa and Citizenship Services
    DOS interim final rule amending the schedule of fees for visa and citizenship services and lowering the hourly consular officer time charge. This interim final rule becomes effective 9/6/14 and comments are due by 10/21/14. (79 FR 51247, 8/28/14)
    AILA Doc. No. 14082841.
  • 8/28/2014 AILA Comments on Proposed Changes to SEVIS Form DS-2019 (.pdf 572 KB) AILA comments in response to proposed revisions to SEVIS Form DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-Nonimmigrant), recommending that the modifications to the insurance requirements be stricken from the proposed changes to Form DS-2019.
    AILA Doc. No. 14082840.
  • 8/27/2014 USCIS Invitation to Teleconference on H-1Bs and Religious Workers (.pdf 581 KB) USCIS invitation to a 9/25/14 teleconference with CSC and VSC. There will be two, 45-minute sessions, with the first session on H-1B filing tips and the second session on the eligibility requirements for religious workers. Registration information included.
    AILA Doc. No. 14082745.
  • 8/27/2014 VOICE: September 2014
    In the September 2014 VOICE, learn about the Central American humanitarian crisis and the efforts to preserve the due process rights of the migrants fleeing to the United States, the potential benefits of district court litigation over an administrative appeal, AILA’s Liaison Department, and more!
    AILA Doc. No. 14082744.
  • 8/27/2014 Your AILA8 for August 27, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082743.
  • 8/27/2014 CA8 Vacates and Remands, Asks BIA to Clarify Frivolous Asylum Determination (.pdf 492 KB) The court found the BIA did not adequately explain its frivolous asylum determination relating to the fabrication of the preparer’s name and remanded with instructions to reconsider and clarify its decision. (Limbeya v. Holder, 8/22/14)
    AILA Doc. No. 14082742.
  • 8/27/2014 AILA Leadership Blog: Ignoring the Economics of Immigration
    In response to a recent piece about the “cost to taxpayers” of legalization in Forbes, AILA First Vice President Bill Stock argues that legalization of the undocumented is not only compassionate, but there is “substantial evidence that it will be an economic benefit as well.”
  • 8/27/2014 CA8 Declines to Review Cancellation Denial for Lack of Jurisdiction (.pdf 474 KB) The court found it lacked jurisdiction to review the BIA’s discretionary finding that petitioner’s removal would not result in extreme hardship and that there was no right to due process in the cancellation of removal remedy. (Hernandez-Garcia v. Holder, 8/25/14)
    AILA Doc. No. 14082741.
  • 8/27/2014 Practice Alert: Duplicate Biometrics Appointment Notices (Updated 8/27/14)
    USCIS is aware of the issue of duplicate biometrics notices being issued in some cases and has stated that if a duplicate notice is received and the client has already attended an ASC appointment and had biometrics captured, it should not be necessary to attend the second appointment.
    AILA Doc. No. 14082642.
  • 8/27/2014 USCIS Requests Comments on Customer Service Addition to Policy Manual
    USCIS seeks input on the recently released update to the USCIS Policy Manual on customer service. Instructions for submitting comments are included. Comments are due by 9/9/14.
    AILA Doc. No. 14082740.
  • 8/27/2014 Register for the September 17 Monthly EB-5 Teleconference
    AILA is launching a monthly teleconference series designed to answer EB-5 questions in this growing area of immigration law. E-mail case-specific questions in advance. Hosted by AILA's EB-5 Liaison Committee, registration is limited to 100 members. Participation costs only $15, so register today
  • 8/27/2014 Daily Immigration News Clips – August 27, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 27, 2014.
  • 8/26/2014 CBP Request for Comments on CBP Forms I-94, I-94W, and ESTA
    CBP 60-day notice and request for comments on CBP Form I-94 (Arrival/Department Record), CBP Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure), and the Electronic System for Travel Authorization (ESTA). Comments are due by 10/27/14. (79 FR 50927, 8/26/14)
    AILA Doc. No. 14082646.
  • 8/26/2014 AILA Leadership Blog: After a Month in Artesia
    In this Leadership Blog post, AILA member Christina Brown writes about her experience volunteering at the Artesia family detention center for a month and the multitude of emotions resulting from that experience which have only reinforced her commitment to return in the fall.
  • 8/26/2014 Your AILA8 for August 26, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082645.
  • 8/26/2014 BIA Says Guatemalan Victim of Domestic Violence Is a Member of a Particular Social Group (.pdf 578 KB) The BIA held depending on specific facts, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group for asylum or withholding purposes. AILA submitted an amicus brief on this case. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)
    AILA Doc. No. 14082644.
  • 8/26/2014 FREE Shipping on AILA Print Publications!
    The final week of the August Specials brings you FREE shipping on ALL print publication orders. Enter SS814FREE during checkout on AILA Agora. Excludes previous/existing orders. Cannot be combined with other offers. Expires August 31, 2014.
  • 8/26/2014 CA2 Says Affidavits Do Not Suggest Egregious Constitutional Violations (.pdf 717 KB) The court denied the petitions for review, finding that the affidavits did not suggest egregious constitutional violations, as the day laborer petitioners were self-selected, and this could not support a basis for excluding the evidence. (Maldonado v. Holder, 8/14/14)
    AILA Doc. No. 14082643.
  • 8/26/2014 China EB-5 “Unavailable” for Remainder of FY2014: What Does This Mean? (.pdf 797 KB) The AILA EB-5 Liaison Committee provides a practice alert examining the practical implications of Charles Oppenheim’s announcement that the maximum number of visas that may be made available for use by China EB-5 applicants during FY2014 had been reached, effective 8/23/2014.
    AILA Doc. No. 14082641.
  • 8/26/2014 USCIS Issues Policy Guidance on Customer Service Standards (.pdf 656 KB) USCIS updated its Policy Manual to include guidance on customer service standards, including information on responding to customer inquiries, NCSC, privacy and confidentiality, customer complaints, SRMTs, reporting allegations of misconduct, expedite requests and cell phone usage in USCIS offices.
    AILA Doc. No. 14082640.
  • 8/26/2014 FY2014 H-2B Cap Count (Updated 8/26/14)
    As of 8/22/14, USCIS receipted 26,730 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 25,915 approved and 815 pending beneficiaries. Information on the first half of FY2015 is also available.
    AILA Doc. No. 13100840.
  • 8/26/2014 2014 AILA Central Florida Chapter Annual Conference
    Basics and Beyond at the Beach
    October 17-18, 2014
    Hyatt Regency Clearwater Beach Resort and Spa
    Clearwater Beach, Florida
  • 8/26/2014 Let Your VOICE Be Heard! Write for AILA’s Online Magazine, VOICE: An Immigration Dialogue (.pdf 638 KB) Be a part of AILA’s VOICE: An Immigration Dialogue. Want to submit an article for consideration? Have a story idea? Want to share what’s happening in your life for the news about members section? Don’t wait! Contact VOICE at voice@aila.org for more information.
    AILA Doc. No. 10081762.
  • 8/26/2014 Daily Immigration News Clips – August 26, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 26, 2014.
  • 8/25/2014 IJ Grants Motion to Suppress, Finds Traffic Stop Was Egregious Violation of Fourth Amendment
    The IJ granted the motions to suppress and terminated removal proceedings for two respondents, finding respondents showed the traffic stop was unconstitutional, as it was not done “pending inquiry into a vehicular violation,” but because of ethnic appearance. Courtesy of Brian C. DiFranco.
    AILA Doc. No. 14082547.
  • 8/25/2014 Your AILA8 for August 25, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082548.
  • 8/25/2014 BIA on Terminating Deferral of Removal Under CAT (.pdf 644 KB) The BIA concluded that collateral estoppel does not prevent the IJ from reevaluating the alien’s credibility by comparing testimony when granted deferral of removal to testimony given at the termination hearing under 8 CFR §1208.17(d)(3). Matter of C-C-I-, 26 I&N Dec. 375 (BIA 2014)
    AILA Doc. No. 14082541.
  • 8/25/2014 CA3 Affirms Cancellation Denial and Ineligibility for §212(h) Relief (.pdf 549 KB) The court found Va. Code Ann. §54.1-3466 was sufficiently "related to" controlled substances for purposes of §212(a)(2)(A)(i)(II) and an inconclusive record of conviction did not satisfy petitioner’s burden of demonstrating eligibility for relief from removal. (Syblis v. Att'y Gen., 8/18/14)
    AILA Doc. No. 14082546.
  • 8/25/2014 TRAC Immigration Court Backlog Online Resource Tool
    Online resource tool from Transactional Records Access Clearinghouse (TRAC) which provides sortable national data on pending cases and length of wait times in immigration courts.
    AILA Doc. No. 12071949.
  • 8/25/2014 CSC Liaison Notes from CSC Open House (6/11/14) (.pdf 750 KB) AILA CSC Liaison Committee’s unofficial notes from the 6/11/14 CSC Open House. Topics include: cap-subject H-1B petitions for FY2015, H-1B extensions, denials of O-1 petitions, J-1 waivers, updated contact information for CSC, L-1As, I-130 process, RFEs, NOIDs, and G-28s.
    AILA Doc. No. 14082543.
  • 8/25/2014 Practice Pointer: Getting USCIS to Recognize the G-28 (Updated 8/25/14)
    The VSC Liaison Committee provides a practice pointer on how to interfile a G-28 in order for it to be recognized as part of the record.
    AILA Doc. No. 08090469.
  • 8/25/2014 BIA Dismisses DHS Interlocutory Appeal Challenging Administrative Closure
    Unpublished BIA decision declines to consider DHS interlocutory appeal challenging a decision to administratively close proceedings involving a detained respondent to await the adjudication of an I-130 visa petition filed on his behalf. (Matter of Bronco-Antonio, 6/9/14)
    AILA Doc. No. 14082545.
  • 8/25/2014 BIA Rescinds In Absentia Order of Respondent with Credible Fear
    Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)
    AILA Doc. No. 14082544.
  • 8/25/2014 DOL Open Forum Notes from AILA's Annual Conference (6/20/14) (.pdf 483 KB) DOL Liaison Committee provides notes from the DOL Open Forum at AILA’s Annual Conference on 6/20/14. Topics include: prevailing wage issues, including the “all other” SOC code and ACWIA designation, listing beneficiary qualifications on the 9089, audit tiers, the Help Desk, and case consolidation.
    AILA Doc. No. 14082542.
  • 8/25/2014 AILA Ethics Compendium (Updated 8/25/14)
    The AILA Ethics Compendium is a multi-year project of the AILA Ethics Committee to analyze state and federal professional conduct rules, court opinions, legal ethics opinions, and other authority to provide information and guidance to immigration lawyers.
    AILA Doc. No. 13100890.
  • 8/25/2014 Member Comment Period: AILA Ethics Compendium - ABA Model Rule 1.3 Diligence
    All lawyers know they cannot neglect a client’s case. But understanding what actually amounts to neglect may not always be clear. This chapter of the AILA Ethics Compendium covers MR 1.3 Diligence. Please provide comments on the breadth, scope, and readability of the chapter by 9/26/14.
    AILA Doc. No. 14082540.
  • 8/25/2014 Daily Immigration News Clips – August 25, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 25, 2014.
  • 8/23/2014 DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014
    Charles Oppenheim, Chief of the DOS Immigrant Visa Control and Reporting Division announced at the AILA EB-5 conference that effective Saturday, August 23, 2014, the maximum number of visas that may be made available for use by China EB-5 applicants during FY2014 has been reached.
    AILA Doc. No. 14082360.
  • 8/22/2014 Your AILA8 for August 22, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082244.
  • 8/22/2014 AILA/EOIR Liaison Meeting Minutes (4/10/14) (.pdf 800 KB) Minutes from the 4/10/14 AILA EOIR Liaison Committee meeting with EOIR. Topics include eRegistry and eFiling, asylum and withholding cases, immigration court and BIA backlogs, implementation of the policy for detainees with serious mental disorders, the BIA zip code, U visas and the practice manual.
    AILA Doc. No. 14082243.
  • 8/22/2014 BIA Reverses Visa Petition Revocation Based on Insufficient NOIR
    Unpublished BIA decision reverses revocation of approved visa petition, finding the evidence in the record did not support the allegations of marriage fraud in the Notice of Intent to Revoke (NOIR). Special thanks to IRAC. (Matter of Bamfo, 6/5/14)
    AILA Doc. No. 14082261.
  • 8/22/2014 Groups Sue over Artesia Deportation Process for Mothers and Children Escaping Violence in Central America (.pdf 595 KB) Complaint filed by AIC and other advocacy groups against the government, challenging policies denying due process to mothers and children who have fled extreme violence in Central America and are detained in Artesia, NM and asking the court to halt deportations. (M.S.P.C. v. Johnson, 8/22/14)
    AILA Doc. No. 14082242.
  • 8/22/2014 2014 AILA Iowa/Nebraska Chapter Fall Conference
    It’s a Jungle Out There
    September 12, 2014
    8:00 a.m. – 5:00 p.m.
    Omaha’s Henry Doorly Zoo
    3701 S. 10th Street
    Omaha, Nebraska 68107
    This event is not being organized by the AILA National Office.
  • 8/22/2014 BIA Holds Guilty Plea Without Conviction Not an Admission of Crime
    Unpublished BIA decision states that a guilty plea which results in something less than a "conviction" is not tantamount to an "admission" of the crime. Special thanks to IRAC. (Matter of Garcia, 6/5/14)
    AILA Doc. No. 14082241.
  • 8/22/2014 September GMS Conference Call: Welcome to Scandinavia (9/9/14)
    September 9, 2014
    10am EDT
    Teleconference
  • 8/22/2014 DHS Annual Flow Report on Nonimmigrant Admissions During 2013 (.pdf 634 KB) DHS Office of Immigration Statistics’ Annual Flow Report on nonimmigrant admissions to the U.S. during 2013, including information on the nonimmigrant admissions process, and characteristics including class of admission, country of citizenship, port of entry, and state of destination.
    AILA Doc. No. 14082260.
  • 8/22/2014 USCIS Invitation to Upcoming E-Verify Webinars (Updated 8/22/14) (.pdf 641 KB) USCIS invitation to E-Verify in 30 webinars (learn E-Verify basics in 30 minutes or less) and Evenings with E-Verify webinars (learn about E-Verify in later sessions in the day). Registration invitation included.
    AILA Doc. No. 14071651.
  • 8/22/2014 AILA Leadership Blog: When Justice Isn’t Allowed to be Blind
    In this blog post, Ally Bolour, member of AILA’s Media Advocacy Committee interviews retired Immigration Judge Bruce Einhorn about Immigration Judge Ashley Tabaddor’s efforts to fight a DOJ order to recuse herself from all Iranian cases due to her ethnicity.
  • 8/22/2014 AILA EB-5 Alert: USCIS Updates ELIS Process for Filing Form I-526 (.pdf 676 KB) AILA EB-5 Liaison Committee provides a practice alert on USCIS updates to the ELIS system for filing Form I-526. The committee also requests feedback from members who file I-526 petitions through this latest version of ELIS by e-mailing reports@aila.org, subject line, “ELIS I-526 Feedback.”
    AILA Doc. No. 14082240.
  • 8/22/2014 Daily Immigration News Clips – August 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 22, 2014.
  • 8/21/2014 Your AILA8 for August 21, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082150.
  • 8/21/2014 AILA NBC Liaison Committee Meeting Minutes (5/9/14) (.pdf 591 KB) Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/9/14. Topics included: I-485 and I-130 processing times, transfer notices issues, RFEs, I-601A provisional waivers, and adjustment of status based on VAWA.
    AILA Doc. No. 14082152.
  • 8/21/2014 New England Chapter USCIS Liaison Meeting Minutes (6/5/14) (.pdf 694 KB) New England Chapter minutes from a liaison meeting with USCIS District 1 on 6/5/14. Topics include: processing times, staffing changes, InfoPass and ASC policies, general adjudication process questions, case processing questions, and naturalization.
    AILA Doc. No. 14082149.
  • 8/21/2014 CA5 Declines to Review Special Rule Cancellation Denial (.pdf 542 KB) The court concluded the government was not required to charge petitioner’s narcotics conviction in the NTA for that conviction to serve as a ground of inadmissibility for cancellation of removal for victims of domestic violence under INA §240A(b)(2). (Rodriguez-Benitez v. Holder, 8/13/14)
    AILA Doc. No. 14082148.
  • 8/21/2014 A Simple Way to Organize Outlook Folders
    Is the left-hand list of your Outlook folders and subfolders getting too long and unwieldy, making it hard to locate those important filed-away e-mails? Try this quick fix in this week’s PST that helps move those important folders to the top of your alphabetized Outlook folders.
    AILA Doc. No. 14082143.
  • 8/21/2014 CA8 Says Petitioner’s Due Process Rights Were Not Violated in Cancellation Denial (.pdf 499 KB) The court denied the petition, concluding that the BIA did not err in finding the evidence insufficient, and petitioner did not have a constitutionally protected liberty interest in cancellation of removal relief. (Nunez-Portillo v. Holder, 8/15/14)
    AILA Doc. No. 14082147.
  • 8/21/2014 CA9 Grants CAT Relief to Vietnamese Petitioner yet Finds Conviction Is a CIMT (.pdf 553 KB) The court granted the petition with respect to the CAT claim, yet held the BIA did not err in determining that petitioner’s conviction of misusing a passport to facilitate an act of international terrorism was a categorical crime involving moral turpitude (CIMT). (Nguyen v. Holder, 8/14/14)
    AILA Doc. No. 14082146.
  • 8/21/2014 VSC Save-the-Date for Stakeholder Event (.pdf 486 KB) VSC save-the-date for its 10/24/14 stakeholder event in Essex, VT. VSC will send a formal invitation with registration information but is currently collecting specific topics or themes for the event.
    AILA Doc. No. 14082145.
  • 8/21/2014 SSA POMS on Refugee Evidence for an SSN (.pdf 652 KB) SSA POMS announcing that effective 8/3/14, SSA discontinued the use of the Worldwide Refugee Admissions Processing System fax process for verifying refugee status for Enumeration purposes and provides a workaround for when the SAVE initial verification response does not verify refugee status.
    AILA Doc. No. 14082144.
  • 8/21/2014 Video: Snapshots from Artesia: August 21, 2014
    AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14082142.
  • 8/21/2014 CRS Report on Health-Related Grounds for Exclusion (.pdf 748 KB) A Congressional Research Service (CRS) report on health-related grounds for exclusion and medical examinations required for visa issuance, as well as port of entry procedures.
    AILA Doc. No. 14082141.
  • 8/21/2014 OSC Settles Discrimination Claim Against Staffing Agency (.pdf 587 KB) OSC settlement with Real Time Staffing Services LLC, finding that members of the company’s staff required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility verification process to establish their work authorization.
    AILA Doc. No. 14082140.
  • 8/21/2014 Daily Immigration News Clips – August 21, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 21, 2014.
  • 8/21/2014 NSC Liaison Q&As from Student, Schools, and Other Product Line Teleconference (8/14/14) (.pdf 476 KB) The NSC Liaison Committee’s unofficial Q&As from a stakeholder teleconference with NSC on 8/14/14. Topics included: K-3 and K-4 classification, I-130 processing times, re-entry permits, and DACA backlog.
    AILA Doc. No. 14082151.
  • 8/20/2014 Your AILA8 for August 20, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14082047.
  • 8/20/2014 Call for Examples: LCA Denials for NAICS Code
    Have you experienced an LCA denial for an incorrect NAICS code, where the NAICS code was fewer than 4 digits and zeros were used as placeholders? The DOL Liaison Committee requests your examples by Wednesday, August 27.
    AILA Doc. No. 14082046.
  • 8/20/2014 Video: Snapshots from Artesia: August 20, 2014
    AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14082045.
  • 8/20/2014 CA6 Finds Employer Personally Liable for Back Wages, Costs of Obtaining J-1 Waivers and H-1B Visas (.pdf 561 KB) The court affirmed the district court decision finding the employer personally liable and the medical clinics corporately liable for back wages and the costs of obtaining J-1 waivers and H-1B visas, and for violating numerous other INA provisions. (Kutty v. DOL, 8/20/14)
    AILA Doc. No. 14082040.
  • 8/20/2014 Free This Month on Agora
    AILA free items for August are now available. Read about marketing techniques to start and grow your practice. Also AILA has pulled all of its free practice resources on assisting unaccompanied minors and families together in one place. Check them out today!
  • 8/20/2014 AILA Recorded Seminars: Knowledge and CLE Credits
    From business, litigation, and asylum issues, to consular practice, waivers, deportation, and more, AILA downloadable web and audio seminars are an easy way to stay informed and earn CLE credits. Review the full selection of over 200 seminars on Agora.
  • 8/20/2014 AILA 2013 Form 990 Public Disclosure Copy (.pdf 1389 KB) AILA has filed its Form 990 with the Internal Revenue Service for calendar year 2013.
    AILA Doc. No. 14082043.
  • 8/20/2014 Minutes from AILA/CBP Teleconference with ESTA Director (8/6/14) (.pdf 476 KB) CBP Liaison Committee’s minutes from an 8/6/14 teleconference with ESTA Director Suzanne Shepherd on issues with the I-94 web portal and travel history information. Topics include: incomplete or inaccurate data on web portal, redress for falsely recorded departures, and automated I-94 corrections.
    AILA Doc. No. 14082042.
  • 8/20/2014 CA2 Says Written Warning on Asylum Application Satisfies Notice Requirement Under INA §208 (d)(4)(A) (.pdf 467 KB) The court held the BIA did not err in denying the adjustment application, as the petitioner received adequate notice of the consequences of filing a frivolous asylum claim through the written warning on the application, and the IJ did not need to warn him. (Niang v. Holder, 8/13/14)
    AILA Doc. No. 14082041.
  • 8/20/2014 USCIS Instructions for Overnight Delivery or Courier Service Usage (Updated 8/20/14) (.pdf 612 KB) USCIS issued a clarification to its 8/12/14 alert regarding prepaid air bills and shipping labels. Updated instructions include a list of types of documents eligible for use of delivery service. If delivery costs are not paid in full, USCIS will send the documents via regular U.S. mail.
    AILA Doc. No. 14081245.
  • 8/20/2014 Call to All AILA Members: Questions Sought for 9/11/14 NSC Stakeholder Teleconference.
    AILA's Nebraska Service Center (NSC) Liaison Committee requests agenda items from all AILA members to present to NSC at a teleconference on business issues. Meeting will discuss the following: premium processing, I-140, I360, I485 EB and waivers as appropriate.
    AILA Doc. No. 14082044.
  • 8/20/2014 USCIS Performance Data on All Form Types for 2014 (.pdf 545 KB) USCIS statistics on all USCIS form types for FY2014, broken down by category (family, employment, humanitarian, citizenship and naturalization, and "other"), by case status (received, approved, denied, pending), and by fiscal year quarter.
    AILA Doc. No. 14061331.
  • 8/20/2014 DOL Alert: iCERT and PERM Unavailable between 8/22 and 8/25
    DOL alert that both the iCERT and PERM systems will be unavailable Friday, August 22 through Monday, August 25.
    AILA Doc. No. 10101531.
  • 8/20/2014 DOS Designation of Mujahidin Shura Council in the Environs of Jerusalem as a Foreign Terrorist Organization
    DOS notice of the determination of Mujahidin Shura Council in the Environs of Jerusalem (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 49368, 8/20/14)
    AILA Doc. No. 14082060.
  • 8/20/2014 USCIS Performance Data on DACA Applications (.pdf 555 KB) USCIS statistics on I-821D DACA applications, broken down by intake (accepted and rejected), biometrics, and case status (received, approved, denied, or pending) for FY2012 through FY2014, with FY2014 data through the third quarter.
    AILA Doc. No. 14061330.
  • 8/20/2014 USCIS Performance Data on N-400 Applications for Third Quarter of FY2014 (.pdf 571 KB) USCIS statistics on N-400 applications including both military and nonmilitary cases, broken down by case status (received, approved, denied, or pending) and by USCIS field office or service center location for the third quarter of FY2014.
    AILA Doc. No. 14082004.
  • 8/20/2014 USCIS Performance Data on I-914 Petitions for U Nonimmigrants (.pdf 532 KB) USCIS statistics on I-918 petitions for U nonimmigrant status, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.
    AILA Doc. No. 14061354.
  • 8/20/2014 USCIS Performance Data on I-914 Petitions for T Nonimmigrants (.pdf 548 KB) USCIS statistics on I-914 applications for T nonimmigrant status, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.
    AILA Doc. No. 14061352.
  • 8/20/2014 USCIS Performance Data on I-829 Petitions (.pdf 599 KB) USCIS statistics on I-829 EB-5 petitions, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.
    AILA Doc. No. 14061350.
  • 8/20/2014 Check-in with DOS’s Charlie Oppenheim (8/12/14)
    DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.
    AILA Doc. No. 14071401.
  • 8/20/2014 USCIS Performance Data on I-526 Petitions (.pdf 550 KB) USCIS statistics on I-526 EB-5 petitions, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.
    AILA Doc. No. 14061348.
  • 8/20/2014 USCIS Performance Data on H-2A Petitions for Third Quarter of FY2014 (.pdf 715 KB) USCIS statistics on I-129 H-2A petitions, broken down by case status (received, approved, denied, or pending) and petitioner location (by state and company) for the third quarter of FY2014.
    AILA Doc. No. 14082003.
  • 8/20/2014 Daily Immigration News Clips – August 20, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 20, 2014.
    AILA Doc. No. 14082002.
  • 8/20/2014 USCIS Performance Data on I-485 Applications for Third Quarter of FY2014 (.pdf 590 KB) USCIS statistics on I-485 applications, broken down by status (received, approved, denied, or pending), category of admission, and location (field office or service center) for the third quarter of FY2014.
    AILA Doc. No. 14082001.
  • 8/20/2014 USCIS Performance Data on I-130 Petitions for Third Quarter of FY2014 (.pdf 574 KB) USCIS statistics on I-130 petitions, broken down by case status (received, approved, denied, or pending), category of petition, and location (field office or service center) for the third quarter of FY2014.
    AILA Doc. No. 14082000.
  • 8/20/2014 AAO Sustains Appeal of I-601 Waiver for Unlawful Presence and Finds Assault Conviction Is not a CIMT (.pdf 944 KB) AAO decision sustaining appeal of an I-601 waiver for unlawful presence, finding applicant’s spouse would suffer extreme hardship and the conviction under Maryland Code Art 27, §12A(a) and (b) for simple assault was not a crime involving moral turpitude (CIMT). Courtesy of Michelle Mendez.
    AILA Doc. No. 14082061.
  • 8/20/2014 Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America (Updated 8/20/14)
    A compilation of both AILA resources and other organization resources to help attorneys provide legal services in the United States to unaccompanied children and families affected by the Central American humanitarian crisis.
    AILA Doc. No. 14072246.
  • 8/19/2014 CA8 Affirms Cancellation and Withholding Denials for Petitioner from The Gambia (.pdf 504 KB) The court held the BIA did not err in finding petitioner ineligible for cancellation, based on false marriage testimony in the adjustment interview, and also did not err in rejecting her withholding claim as a mother of daughters at risk for FGM in Gambia. (Goswell-Renner v. Holder, 8/7/14)
    AILA Doc. No. 14081950.
  • 8/19/2014 Your AILA8 for August 19, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14081949.
  • 8/19/2014 CA10 Says District Court Lacks Jurisdiction to Order USCIS to Issue New Naturalization Certificate (.pdf 509 KB) The court found the district court lacked jurisdiction under 8 CFR §334.16(b) to order USCIS to issue a naturalization certificate with the petitioner’s correct date of birth, because the claim was not colorable. (McKenzie v. USCIS, 8/1/14)
    AILA Doc. No. 14081948.
  • 8/19/2014 BIA Holds Sale of Controlled Substance Under Florida Law Is “Illicit Trafficking” Aggravated Felony (.pdf 633 KB) The BIA held there is no mens rea required by the term “illicit” in §893.13(1)(a)(1) of the Florida statutes, where knowledge of the substance is required and an affirmative defense is available to show lack of knowledge of the illegal nature. Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014)
    AILA Doc. No. 14081947.
  • 8/19/2014 USCIS Invitation to Quarterly EB-5 Stakeholder Engagement (.pdf 581 KB) USCIS invitation to a 9/10/14 teleconference to discuss the EB-5 Immigrant Investor Program. USCIS officials will share program updates and respond to questions.
    AILA Doc. No. 14081946.
  • 8/19/2014 USCIS Invitation to NSC Teleconference on Business Issues
    USCIS invitation to a 9/11/14 NSC teleconference on business issues. Registration information will be provided closer to the date of the event.
    AILA Doc. No. 14081945.
  • 8/19/2014 Video: Snapshots from Artesia: August 19, 2014
    AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14081944.
  • 8/19/2014 AILA Members’ LTE Template on Artesia and Family Detention
    AILA members are urged to personalize and submit this template Letter to the Editor (LTE) in response to articles mentioning family detention, Artesia, or unaccompanied children. If you have any questions about how to submit an LTE, please contact AILA Communications staff (newsroom@aila.org).
    AILA Doc. No. 14081943.
  • 8/19/2014 Notes from CIS Ombudsman 2014 Annual Report Webinar (.pdf 846 KB) AILA notes from CIS Ombudsman’s 7/30/14 webinar presentation to stakeholders about their annual report. Topics include provisional waivers, SIJ adjudications, DACA, employment-based issues, AAO, SAVE, G-28s, ELIS, processing times, USCIS Customer Service requests, and fee waivers.
    AILA Doc. No. 14081941.
  • 8/19/2014 CA3 Declines to Review Withholding Denial for Mexican Gay Male with HIV (.pdf 544 KB) The court found that substantial evidence supported the BIA’s conclusion that the petitioner failed to present adequate evidence linking the harm he suffered from his uncle and the police officer in Mexico to his sexual orientation. (Gutierrez v. Att'y Gen., 8/12/14)
    AILA Doc. No. 14081942.
  • 8/19/2014 AILA EB-5 Conference Sold Out. Recording Available
    Given the growing interest in EB-5, Friday’s AILA EB-5 Conference in Chicago has sold out. While there is no onsite registration or webcast option, you can order the event recordings and benefit from all the conference knowledge and information.
  • 8/19/2014 AILA Leadership Blog: Beyond Artesia: Without a Choice in Karnes Detention Center
    AILA Member Kate Lincoln-Goldfinch highlights the lack of due process and the difficult conditions she witnessed at Karnes Detention Center, noting "even though children are not supposed to be placed in expedited removal, that’s exactly what’s happening."
  • 8/19/2014 Call for Examples: L-1A RFEs, NOIDs, and Denials
    Have you received an RFE, NOID, or Denial for an L-1A petition filed within the last four months? On a renewal petition? Requesting information already submitted in the petition? On an issue of the value of evidence? Submit your examples today!
    AILA Doc. No. 14081940.
  • 8/19/2014 Daily Immigration News Clips – August 19, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 19, 2014.
  • 8/19/2014 Fundamentals Conference – October in New Orleans
    This October 16–17 conference is designed for attorneys who are new to the complex field of immigration law. The learning begins with pre-recorded training sessions. These will prepare you for the information-packed live event, giving you the tools and information you need to succeed.
  • 8/18/2014 Your AILA8 for August 18, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14081849.
  • 8/18/2014 Video: Snapshots from Artesia: August 18, 2014
    AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14081848.
  • 8/18/2014 DHS OIG Report on ICE’s Release of Immigration Detainees (.pdf 2661 KB) DHS Office of Inspector General (OIG) report on factors influencing ICE’s decision to release 2,226 immigration detainees in 2013, with recommendations for improving transparency in funding sources for managing detention bed space and for reporting ICE budget expenditures.
    AILA Doc. No. 14081847.
  • 8/18/2014 Welcome New Members
    AILA would like to welcome its newest members.
    AILA Doc. No. 11123049.
  • 8/18/2014 Board of Immigration Appeals Practice Manual (.pdf 2008 KB) Updated version of the Board of Immigration Appeals Practice Manual, dated 8/8/14. Table of changes is listed on page 203.
    AILA Doc. No. 14081846.
  • 8/18/2014 CA7 Says IJ’s Decision to Deny Cancellation Did Not Violate Due Process Rights (.pdf 585 KB) The court found jurisdiction under INA §242(a)(2)(D) to hold that as cancellation proceedings provide only discretionary relief, the IJ’s decision to deny cancellation did not violate any rights protected by the Fifth Amendment’s Due Process clause. (Adame v. Holder, 8/12/14)
    AILA Doc. No. 14081845.
  • 8/18/2014 CA10 Holds BIA Did Not Abuse its Discretion in Affirming IJ’s Dismissal of Cancellation Application (.pdf 484 KB) The court found the IJ acted within his authority under §1003.47(c) to determine that petitioner’s failure to complete the biometrics requirement and provide supporting documentation for his cancellation application, after two years, constituted abandonment. (Ramirez-Coria v. Holder, 8/1/14)
    AILA Doc. No. 14081844.
  • 8/18/2014 CA7 Says Warnings About Frivolous Asylum Bar Were Adequately Translated at Interview (.pdf 571 KB) The court held the BIA did not err in when it applied INA §208(d)(6), finding that although the petitioner had limited English proficiency, the interpreter at the asylum interview, who was also convicted of asylum fraud, adequately translated the warnings. (Albu v. Holder, 8/5/14)
    AILA Doc. No. 14081842.
  • 8/18/2014 EOIR Immigration Court Closings for 2014 (Updated 8/18/14)
    EOIR alert that the Honolulu Immigration Court is closed today due to Hurricane Iselle and Hurricane Julio.
    AILA Doc. No. 14012143.
  • 8/18/2014 USCIS SAVE Awareness Video Now Available (.pdf 472 KB) USCIS’s SAVE program is offering free DVD copies of its Awareness Video, which helps benefit applicants understand SAVE’s immigration status verification process.
    AILA Doc. No. 14081841.
  • 8/18/2014 USCIS Interim Policy Memo on Adjudication of H-1Bs for Nursing Positions (.pdf 1047 KB) USCIS interim memo with guidance on the adjudication of H-1B petitions for nursing positions and how to determine whether or not a nursing position meets the definition of a specialty occupation. Comments are due by 8/29/14. Memo is in effect until further notice and supersedes any prior guidance.
    AILA Doc. No. 14081840.
  • 8/18/2014 Daily Immigration News Clips – August 18, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 18, 2014.
  • 8/15/2014 Your AILA8 for August 15, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14081502.
  • 8/15/2014 Center for Gender & Refugee Studies Resource on Gender, Child, and LGBTI Asylum Guidelines and Case Law
    The Center for Gender & Refugee Studies study of gender, child, and LGBTI asylum guidelines and case law in foreign jurisdictions, intended for use by U.S. attorneys representing asylees involving claims of gender-based persecution and sexual orientation, and gender identity-related persecution.
    AILA Doc. No. 14081566.
  • 8/15/2014 Video: Snapshots from Artesia: Week of August 11
    AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14081500.
  • 8/15/2014 Urgent Request from AILA on Detainers
    AILA Advocacy is taking a broad nationwide survey of membership on detainers. Please respond by tomorrow, Saturday, 8/16/14.
    AILA Doc. No. 14081563.
  • 8/15/2014 BIA Finds Removal Does Not Constitute Withdrawal of Appeal
    Unpublished BIA decision holds that the removal of the respondent did not result in the withdrawal of an appeal challenging the denial of a timely filed motion to reconsider. Special thanks to IRAC. (Matter of Onyesoh, 6/4/14)
    AILA Doc. No. 14081565.
  • 8/15/2014 BIA Rescinds In Absentia Order Due to Conflicting Hearing Notices
    Unpublished BIA decision rescinds in absentia order where immigration court issued three separate hearing notices, the last of which advanced the date of respondent’s hearing by nearly a year. (Matter of Lopez, 6/4/14)
    AILA Doc. No. 14081564.
  • 8/15/2014 USCIS Relief for Nationals from Countries Affected by Ebola Outbreak Who Are In the U.S. (.pdf 570 KB) USCIS announcement of immigration relief measures available for nationals of Guinea, Liberia, and Sierra Leone, who are currently in the U.S., due to the Ebola outbreak in West Africa. Announcement includes a list of immigration relief measures available to these individuals.
    AILA Doc. No. 14081562.
  • 8/15/2014 USCIS Invites Stakeholders to a Teleconference on the DACA Renewal Process (.pdf 522 KB) USCIS invitation to an 8/21/14 teleconference to discuss the DACA renewal process. USCIS officials will share information about the renewal process as well as answer general DACA questions.
    AILA Doc. No. 14081560.
  • 8/15/2014 Audio News Release: Children at the Border (. 914 KB) AILA President Leslie Holman calls on the Administration, Congress and DHS to stop blanket deportation practices and asks for a humane solution to the emergency on the border.
    AILA Doc. No. 14081501.
  • 8/15/2014 Daily Immigration News Clips – August 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 15, 2014.
  • 8/14/2014 BIA Holds Massachusetts Assault With a Dangerous Weapon Not an Aggravated Felony
    Unpublished BIA decision reopens and terminates proceedings upon finding assault with a dangerous weapon under Mass Gen. Law ch. 265 15A(b) not a crime of violence under United States v. Fish (1st Cir. 2014). Special thanks to IRAC. (Matter of Da Costa, 6/4/14)
    AILA Doc. No. 14081474.
  • 8/14/2014 BIA Reopens Proceedings Where NTA Misspelled Name of Street
    Unpublished BIA decision reopens in absentia order where address on NTA misspelled name of the street on which the respondent resided. Special thanks to IRAC. (Matter of Harnandez, 6/4/14)
    AILA Doc. No. 14081473.
  • 8/14/2014 Your AILA8 for August 14, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
  • 8/14/2014 OSC Settles Discrimination Claim Against New York Nursing Home (.pdf 1628 KB) OSC settlement with Isabella Geriatric Center after finding that it required lawful permanent resident employees to present a new Permanent Resident Card when their prior card expired, even though the Form I-9 and E-Very rules prohibit this practice.
    AILA Doc. No. 14081472.
  • 8/14/2014 OSC Settles Discrimination Claim Against Travel Management Company (.pdf 1267 KB) OSC settlement with Travel Management Company, after finding that it had a U.S. citizenship requirement in job postings for commercial pilot positions, despite the fact that no law, regulation, executive order, or government contract authorized the company to restrict employment in this manner.
    AILA Doc. No. 14081471.
  • 8/14/2014 Call for Stories and Case Examples from Artesia
    AILA Advocacy is seeking personal stories from attorneys and compelling case examples of clients from Artesia.
    AILA Doc. No. 14081404.
  • 8/14/2014 CA2 Says Term of Imprisonment Under INA §101(a)(43)(G) Includes Recidivist Enhancements (.pdf 520 KB) The court held the BIA did not err in finding the petitioner removable, since it is the actual sentence imposed, including any recidivist enhancements applied, that is considered when determining the term of imprisonment under INA §101(a)(43)(G). (Dawkins v. Holder, 8/12/14)
    AILA Doc. No. 14040803.
  • 8/14/2014 EOIR Will No Longer Hear Cases From the Oklahoma City Hearing Location (.pdf 467 KB) EOIR notice announcing that, after 8/15/14, it will no longer hear cases at the Oklahoma City Hearing Location. Cases assigned there remain under the administrative control of the Dallas Immigration Court. Should any rescheduling be necessary, respondents and their attorneys will be notified.
    AILA Doc. No. 14081401.
  • 8/14/2014 CA1 Says IJ and BIA Did Not Adequately Explain El Salvador TPS Denial (.pdf 482 KB) The court vacated and remanded, finding that both the IJ and BIA failed to adequately explain the only finding they expressly made in considering the application for temporary protected status (TPS), which related to the date of petitioner’s entry. (Shul v. Holder, 8/11/14)
    AILA Doc. No. 14081400.
  • 8/14/2014 A Terrific Trio of Outlook Calendar Tips
    Microsoft Office is still the most common program used by law firms for calendaring appointments and tasks. Show-off your Outlook Calendar skills with these three easy tips!
    AILA Doc. No. 14081470.
  • 8/14/2014 CA1 Declines to Review MTR for Christian Asylum Seeker from Indonesia (.pdf 466 KB) The court declined to review the motion to reopen (MTR), concluding that the BIA did not abuse its discretion in finding that the petitioner’s new evidence was largely cumulative and thus did not establish changed country conditions in Indonesia. (Sugiarto v. Holder, 8/1/14)
    AILA Doc. No. 14081469.
  • 8/14/2014 USCIS Memo on TRIG Exemption for the Democratic Movement for the Liberation of Eritrean Kunama (.pdf 5847 KB) USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Democratic Movement for the Liberation of Eritrean Kunama (DMLEK).
    AILA Doc. No. 14081463.
  • 8/14/2014 USCIS Memo on TRIG Exemption for the Oromo Liberation Front (.pdf 658 KB) USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Oromo Liberation Front (OLF).
    AILA Doc. No. 14081462.
  • 8/14/2014 USCIS Memo on TRIG Exemption for Farabundo Marti National Liberation Front and Nationalist Republican Alliance (.pdf 6714 KB) USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Farabundo Marti National Liberation Front or the Nationalist Republican Alliance.
    AILA Doc. No. 14081461.
  • 8/14/2014 BIA Says Respondent Can Apply for Adjustment Because Entry Was Procedurally Regular (.pdf 739 KB) Unpublished BIA decision sustaining appeal and remanding, citing Matter of Quilantan in finding that for purposes of adjustment of status eligibility, a noncitizen need only prove procedural regularity in her entry and not the precise date. Courtesy of Stephen Yale-Loehr.
    AILA Doc. No. 14081460.
  • 8/14/2014 September Federal Court Litigation Section Conference Call (9/11/14)
    September 11, 2014
    3pm EDT
    Teleconference
  • 8/14/2014 USCIS Memo Requiring Positive Credible Fear and Reasonable Fear Determinations as Part of Quality Assurance Review (.pdf 849 KB) USCIS memo, from John Lafferty, Chief of the Asylum Division, implementing changes to the categories of credible fear and reasonable fear cases requiring Quality Assurance review, now requiring pre-decisional review from a random sampling of both positive and negative determinations.
    AILA Doc. No. 14081468.
  • 8/14/2014 USCIS Memo with Updated Guidance on Reasonable Fear Note-Taking (.pdf 914 KB) USCIS memo, from John Lafferty, Chief of the Asylum Division, effective 5/9/14, changing the requirements for how asylum pre-screening officers take interview notes and document alien corrections and approval of notes. Interview notes will now be in Q&A format, and not a sworn statement.
    AILA Doc. No. 14081467.
  • 8/14/2014 USCIS Memo on TRIG Exemption for the Ethiopian People’s Revolutionary Party (.pdf 5511 KB) USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Ethiopian People’s Revolutionary Party (EPRP).
    AILA Doc. No. 14081465.
  • 8/14/2014 USCIS Memo on TRIG Exemption for the Tigray People’s Liberation Front (.pdf 1943 KB) USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Tigray People’s Liberation Front (TPLF).
    AILA Doc. No. 14081466.
  • 8/14/2014 USCIS Memo on TRIG Exemption for the Eritrean Liberation Front (.pdf 6705 KB) USCIS policy memo on the implementation of exercised discretionary authority not to apply most terrorism-related inadmissibility grounds (TRIG) to certain aliens for voluntary activities or associations related to the Eritrean Liberation Front (ELF).
    AILA Doc. No. 14081464.
  • 8/14/2014 Daily Immigration News Clips – August 14, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 14, 2014.
  • 8/13/2014 CA1 Remands for BIA to Review IJ’s Factual Error in Salvadoran Asylum Case (.pdf 461 KB) The court remanded and asked the BIA to review whether the factual error by the IJ, which related to extortion by a gang in El Salvador, was material or harmless, as well as whether the error affected the petitioner’s asylum claim. (Perez v. Holder, 7/30/14)
    AILA Doc. No. 14081300.
  • 8/13/2014 BIA Rescinds In Absentia Order Due to Ineffective Assistance of Counsel
    Unpublished BIA decision rescinds in absentia order where respondent’s failure to appear was due to former attorney's failure to answer telephone calls or notify the respondent of the time and date of the hearing. Special thanks to IRAC. (Matter of Mirorifovich Kabilov, 6/3/14)
    AILA Doc. No. 14081368.
  • 8/13/2014 DOS Practice Alert: Technical Problems with Passport/Visa System (Updated 8/13/14)
    The DOS Bureau of Consular Affairs reports it has made significant progress in the technical problems with its passport/visa system and are printing visas with very few delays.
    AILA Doc. No. 14072440.
  • 8/13/2014 USCIS Asylum Office Workload for April and May 2014 (.pdf 1753 KB) USCIS asylum office workload, broken down by office, stage of the asylum case, and nationality, for April and May 2014.
    AILA Doc. No. 14081367.
  • 8/13/2014 USCIS Statistics on Credible Fear Asylum Cases (Updated 8/13/14) (.pdf 2302 KB) USCIS asylum office statistics on the FY2014 credible fear and reasonable fear workload, including report summaries which are broken down by inland and port of entry case loads, and monthly credible and reasonable fear nationality reports, listing the top five nationalities broken down by month.
    AILA Doc. No. 14051348.
  • 8/13/2014 CA1 Declines to Review Withholding Denial for Guatemalan Petitioner (.pdf 473 KB) The court declined to review the withholding of removal denial, holding that substantial evidence supported the BIA’s findings that the petitioner did not establish past persecution or a clear probability of future persecution by the Guatemalan guerillas. (Bedoya v. Holder, 7/30/14)
    AILA Doc. No. 14081366.
  • 8/13/2014 USCIS Statistics on NACARA Cases (Updated 8/13/14) (.pdf 1149 KB) USCIS NACARA workload statistics from 6/21/99 through 4/30/14.
    AILA Doc. No. 14051349.
  • 8/13/2014 USCIS Statistics on Asylum Filings for Minors for FY2014 (.pdf 654 KB) USCIS provided FY2014 statistics on minor principal applicants (affirmative asylum applicants under the age of 18 at the time of filing) and asylum applicants of any age filed with USCIS under the initial jurisdiction provision of the TVPRA while in removal proceedings.
    AILA Doc. No. 14081365.
  • 8/13/2014 USCIS Statistics on Asylum Applications Filed by Nationals of Syria (.pdf 572 KB) USCIS provided statistics on asylum applications filed by nationals of Syria, with data from FY1993 through FY2014, with FY2014 data from between 10/1/13 and 6/30/14.
    AILA Doc. No. 14081364.
  • 8/13/2014 CRS Report on Asylum and Expedited Removal Policies for Unaccompanied Children and Families (.pdf 807 KB) Congressional Research Service (CRS) report on how unaccompanied children are treated in comparison to unauthorized adults and families with children in the specific contexts of asylum and expedited removal.
    AILA Doc. No. 14081363.
  • 8/13/2014 AILA Leadership Blog: Leaving Artesia
    In this blog post, AILA member Eileen Sterlock shares her difficult experiences while volunteering at the family detention center in Artesia and why she will be returning.
  • 8/13/2014 AILA Comments on USCIS Interim Memo on Adoption (.pdf 717 KB) AILA’s comments in response to USCIS’s interim memorandum with guidance on the implementation of the Intercountry Adoption Universal Accreditation Act of 2012 and the Consolidated Appropriations Act, 2014 in Intercountry Adoption Adjudications.
    AILA Doc. No. 14081362.
  • 8/13/2014 CA2 Asks BIA for Redetermination of Particular Social Group Analysis for Albanian Women (.pdf 506 KB) The court vacated and remanded in consideration of In re M-E-V-G- and In re W-G-R-, which clarified the BIA’s interpretation of “particular social group,” in order to determine whether young Albanian women is a cognizable social group. (Paloka v. Holder, 8/7/14)
  • 8/13/2014 Your AILA8 for August 13, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14081390.
  • 8/13/2014 Daily Immigration News Clips – August 13, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 13, 2014.
  • 8/13/2014 DOS Maintains Designation of Asbat al-Ansar as a Foreign Terrorist Organization
    DOS maintains the 2009 determination of Asbat al-Ansar (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 47513, 8/13/14)
    AILA Doc. No. 14081360.
  • 8/12/2014 Your AILA8 for August 12, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14081246.
  • 8/12/2014 BIA Rescinds In Absentia Order and Changes Venue Sua Sponte
    Unpublished BIA decision rescinds in absentia order against respondent who was four years old at the time of the hearing, and changes venue from Texas to Florida to permit joinder of proceedings with respondent’s brother. Special thanks to IRAC. (Matter of Murillo, 6/3/14)
    AILA Doc. No. 14081244.
  • 8/12/2014 DOS Afghan SIV Program Extended (.pdf 638 KB) DOS announcement that its authority to issue Special Immigrant Visas (SIVs) to Afghan nationals has been extended, and 1,000 SIVs, in addition to the 3,000 visas for Afghan principal applicants originally allocated for use in FY2014, may be issued until December 31, 2014.
    AILA Doc. No. 14081243.
  • 8/12/2014 BIA Orders Further Consideration of Sham Marriage Determination
    Unpublished BIA decision orders further consideration of motion for continuance pending adjudication of appeal of denied I-130, notes that USICS may not rely exclusively on prior sham marriage finding. Special thanks to IRAC. (Matter of Abella, 6/2/14)
    AILA Doc. No. 14081242.
  • 8/12/2014 CBP Announces Availability of New Mobile Passport Control App (.pdf 796 KB) CBP press release announcing the launch of the first authorized app, Mobile Passport Control, beginning at the Atlanta airport on 8/13/14, which will allow eligible travelers to submit passport information and customs declaration forms via a smartphone or tablet prior to CBP inspection.
    AILA Doc. No. 14081260.
  • 8/12/2014 Business Visitor Travel to Hong Kong
    With visa-free entry to Hong Kong for business travelers from more than 150 nationalities, employers frequently ask about the scope of permitted business activity there. In the July/August VOICE, AILA members Grace Shie and Becki Young offer guidance on traveling to Hong Kong for business.
  • 8/12/2014 Visa Bulletin for September 2014 (.pdf 2938 KB) DOS Visa Bulletin for September 2014. Visa bulletin includes family-based and employment-based information, as well as diversity visa cut-off dates and a note on visa availability in the coming months.
    AILA Doc. No. 14081241.
  • 8/12/2014 OCAHO Topical Index of Cases (Updated August 2014) (.pdf 1794 KB) Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in August 2014.
    AILA Doc. No. 14042455.
  • 8/12/2014 FOIA Ombudsman Invitation to Stakeholder Meeting for FOIA Requesters
    The FOIA Ombudsman invites stakeholders to an 8/20/14 meeting for FOIA requesters. Acting Deputy Chief of FOIA Roger Andoh, will share information about USCIS’s FOIA program and address topics of interest to USCIS requesters. Registration information included.
    AILA Doc. No. 14081240.
  • 8/12/2014 Daily Immigration News Clips – August 12, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 12, 2014.
  • 8/12/2014 USCIS Invitation to “Dialogue with the Director” (Updated 8/12/14) (.pdf 961 KB) USCIS invitation to a stakeholder teleconference on 8/14/14 with USCIS Director Leon Rodriguez. Director Rodríguez will introduce himself to the stakeholder community and listen and respond to issues of concern. Registration information is included.
    AILA Doc. No. 14080852.
  • 8/12/2014 Annual Conference Recordings - $899 until 8/17
    Even if you missed the Annual Conference, you can still benefit from all the expert education and information when you buy the complete conference recordings for $899 (member price). Sale price ends 8/17/14. Individual sessions and tracks also available. Purchase your recordings today!
  • 8/11/2014 Your AILA8 for August 11, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14081120.
  • 8/11/2014 AILA Quicktake #95: University of Houston Law Center Prepares for Unaccompanied Children
    In this Quicktake, AILA member and 2014 Elmer Fried Excellence in Teaching Award winner Geoffrey Hoffman discusses how the University of Houston's Law Center is spearheading efforts to help unaccompanied children placed in the area and how other AILA communities can get involved.
    AILA Doc. No. 14081145.
  • 8/11/2014 NSC Invitation to Stakeholder Call on Students and Schools and Other Issues (Updated 8/11/14)
    USCIS invitation to a 8/14/14 NSC teleconference on students, schools, and other issues. Registration information provided.
    AILA Doc. No. 14070551.
  • 8/11/2014 BIA Administratively Closes Proceedings Pending Availability of U Visa
    Unpublished BIA decision administratively closes proceedings in light of the approval of the respondent’s U visa application and the grant of deferred action until a U visa becomes available. Special thanks to IRAC. (Matter of Barba Arreaga, 6/2/14)
    AILA Doc. No. 14081144.
  • 8/11/2014 BIA Reopens Proceedings Due to Paralegal Error
    Unpublished BIA decision reopens proceedings where respondent was removed in absentia and a paralegal filed a change of address form without the respondent’s consent. Special thanks to IRAC. (Matter of Figueroa, 5/30/14)
    AILA Doc. No. 14081143.
  • 8/11/2014 Save $50 on a New AILALink Subscription
    The savings continue during the second week of AILA’s August Specials. Save $50 when you become a new AILALink subscriber! Enter SS814LK50 during checkout. Applies to 3-, 6-, and 12-month subscriptions. Limited to new subscriptions. Cannot be combined with other offers. Expires Aug. 17, 2014.
  • 8/11/2014 AILA Liaison OSC Meeting Minutes (4/14/14) (.pdf 642 KB) Approved minutes from the AILA Verification & Documentation Liaison Committee’s 4/14/14 meeting with DOJ’s Office of Special Counsel. Topics include DACA, settlement agreements, discriminatory intent, I-9 self-audits and internal investigations, I-94 automation, hotline calls, and FY2014 trends.
    AILA Doc. No. 14081142.
  • 8/11/2014 DHS Proposal to Establish New System of Records for E-Authentication
    DHS notice on the creation of a new system of records to allow DHS to collect, maintain, and retrieve records about individuals, who electronically authenticate their identities through E-Verify Self Check and myE-Verify. Comments are due by 9/10/14. (79 FR 46857, 8/11/14)
    AILA Doc. No. 14081141.
  • 8/11/2014 DHS Notice of Privacy Act System of Records for E-Verify
    DHS notice of proposal to update and reissue a current DHS system of records due to changes necessary for operation of myE-Verify and the ability for individuals to lock their Social Security number to prevent its use in E-Verify and Self Check. Comments are due by 9/10/14. (79 FR 46852, 8/11/14)
    AILA Doc. No. 14081140.
  • 8/11/2014 Daily Immigration News Clips – August 11, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 11, 2014.
  • 8/8/2014 Preparing for Credible Fear Interviews
    In this podcast, panelists discuss an overview of the credible fear process, cover what happens during a credible fear interview, and give options for remedies when the interview does not go well. Some information included is specific to the current situation in Artesia, NM.
    AILA Doc. No. 14080854.
  • 8/8/2014 Your AILA8 for August 8, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14080853.
  • 8/8/2014 BALCA Reverses Denial where CO Ignored Audit Materials Demonstrating Employer Compliance (.pdf 202 KB) BALCA found that although the employer made a typographical error on its 9089, audit materials demonstrated compliance under the regulations and the typographical error on its own did not warrant a denial pursuant to 20 CFR 656.17(i)(1). (Matter of Sharp Image Gaming, 7/9/14)
    AILA Doc. No. 14080851.
  • 8/8/2014 Video: On The Ground In Artesia
    AILA members volunteering in Artesia share their on the ground experiences.
    AILA Doc. No. 14080850.
  • 8/8/2014 Daily Immigration News Clips – August 8, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 8, 2014.
  • 8/8/2014 California Service Center Processing Time Report (8/7/14) (.pdf 629 KB) CSC Processing Time Report released on 8/7/14 with updated processing dates as of 6/30/14.
    AILA Doc. No. 14080840.
  • 8/8/2014 BIA Remands Record Because IJ Admitted Having “Missed” Evidence
    Unpublished BIA decision remands record for further consideration of TPS eligibility where IJ admitted after issuing her decision to having “missed” evidence of respondent’s physical presence. Special thanks to IRAC. (Matter of Pacas, 5/30/14)
    AILA Doc. No. 14080849.
  • 8/8/2014 BIA Finds Respondent Did Not “Voluntarily” Overstay Voluntary Departure Period
    Unpublished BIA decision finds respondent did not "voluntarily" overstay period of voluntary departure because IJ previously promised to reopen proceedings if Form I-130 was granted during the departure period. Special thanks to IRAC. (Matter of Maedgen, 5/30/14)
    AILA Doc. No. 14080848.
  • 8/8/2014 EB-5 Processing Time Report (8/7/14) (.pdf 545 KB) EB-5 Processing Time Report released on 8/7/14 with updated processing dates as of 6/30/14.
    AILA Doc. No. 14080847.
  • 8/8/2014 DHS Update on Apprehensions Along Southwest Border (.pdf 605 KB) DHS press release on the number of apprehensions along the Southwest border between January 2014 and July 2014, reflecting a decrease in apprehensions of unaccompanied children and adults with children during the month of July.
    AILA Doc. No. 14080845.
  • 8/8/2014 USCIS Office Closings for 2014 (Updated 8/8/14)
    USCIS alert that the USCIS Honolulu District Office and Field Office are closed today due to Hurricane Iselle.
    AILA Doc. No. 14010660.
  • 8/8/2014 National Benefits Center Processing Time Report (8/7/14) (.pdf 552 KB) NBC Processing Time Report released on 8/7/14 with updated processing dates as of 6/30/14.
    AILA Doc. No. 14080844.
  • 8/8/2014 Vermont Service Center Processing Time Report (8/7/14) (.pdf 615 KB) VSC Processing Time Report released on 8/7/14 with updated processing dates as of 6/30/14.
    AILA Doc. No. 14080843.
  • 8/8/2014 Texas Service Center Processing Time Report (8/7/14) (.pdf 596 KB) TSC Processing Time Report released on 8/7/14 with updated processing dates as of 6/30/14.
    AILA Doc. No. 14080842.
  • 8/8/2014 Nebraska Service Center Processing Time Report (8/7/14) (.pdf 599 KB) NSC Processing Time Report released on 8/7/14 with updated processing dates as of 6/30/14.
    AILA Doc. No. 14080841.
  • 8/8/2014 DOS Maintains Designation of Harakat ul-Mujahidin as a Foreign Terrorist Organization
    DOS notice that the 2008 determination of Harakat ul-Mujahidin (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA has been maintained and Ansar ul-Ummah has been added as a new alias. (79 FR 46499, 8/8/14)
    AILA Doc. No. 14080846.
  • 8/7/2014 Giving Feels Good
    This week’s PST offers ideas to do pro bono work in ways that redeem and reward. It’s not just a professional obligation, but a personal fulfillment.
    AILA Doc. No. 14080743.
  • 8/7/2014 Your AILA8 for August 7, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14080742.
  • 8/7/2014 AILA Leadership Blog: A Volunteer’s Experience at Artesia
    In this blog post, AILA member Kim Hunter provides a recap of her week volunteering at the Artesia family detention center in New Mexico and why the trip was worth it.
  • 8/7/2014 AILA Annual Meeting Minutes (6/19/14) (.pdf 734 KB) Minutes from the AILA Annual Membership Meeting held in Boston, MA on June 19, 2014.
    AILA Doc. No. 14060540.
  • 8/7/2014 Practice Alert: DOS and CBP Issue Procedures to Facilitate Travel for Visa Applicants Affected by CCD Outages
    AILA practice alert informs members that in response to the recent technical problems with DOS CCD, DOS and CBP are putting procedures in place to assist nonimmigrant visa applicants whose U.S. travel is urgent because it either involves an “emergency” or impacts U.S. national interests.
    AILA Doc. No. 14080763.
  • 8/7/2014 DHS OIG Report on CBP’s Workload Staffing Model (.pdf 15611 KB) DHS Office of Inspector General (OIG) issued a report on CBP’s Workload Staffing Model, used for determining staffing needs and identifying staffing shortages within CBP. OIG recommends improving data reliability to help ensure that CBP’s budget requests accurately reflect staffing needs.
    AILA Doc. No. 14080741.
  • 8/7/2014 South Texas ICE Detention Facility to House Adults with Children (.pdf 555 KB) ICE news release stating that beginning 8/1/14, and in response to the influx of families that have been detained at the southern border, ICE will use its civil detention facility in Karnes City to house adults with children.
    AILA Doc. No. 14080740.
  • 8/7/2014 SEVP Message for International Students Enrolled at Micropower Institutes and Affiliated Schools (.pdf 576 KB) SEVP message that it removed all principal Designated School Officials and Designated School officials from Micropower Institutes and affiliated schools. Nonimmigrant students who have questions about their options can contact the SEVP Response Center.
    AILA Doc. No. 14080762.
  • 8/7/2014 Daily Immigration News Clips – August 7, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 7, 2014.
  • 8/7/2014 DOS Maintains Designation of Shining Path as a Foreign Terrorist Organization
    DOS notice that the 2009 designation of Shining Path (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA has been maintained. (79 FR 46297, 8/7/14)
    AILA Doc. No. 14080761.
  • 8/7/2014 SEVIS By the Numbers General Summary Quarterly Review for July 2014 (.pdf 3642 KB) ICE SEVP Student and Exchange Visitor System (SEVIS) general summary quarterly review for July 2014, showing that China is the most common country of origin for F and M students studying in the U.S.
    AILA Doc. No. 14080760.
  • 8/6/2014 Nevada Chapter: ICE/Congressional Liaison Meeting (7/11/14) (.pdf 518 KB) Nevada Chapter minutes from AILA/ICE/Congressional liaison meeting on 7/11/14. Topics include: DMV communication, unaccompanied minors, DACA, credible fear interviews, reinstatement, orders of supervision, removals and removal proceedings, breach of bond, and prosecutorial discretion.
    AILA Doc. No. 14080651.
  • 8/6/2014 Your AILA8 for August 6, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14080650.
  • 8/6/2014 CA2 Remands, Says IJ Applied Incorrect and Overly Stringent Legal Standard in Nepali Asylum Claim (.pdf 11282 KB) The court remanded, finding that the IJ erred when it held the petitioner to the requirement of demonstrating that political opinion was the “central” as opposed to “at least one central” ground for persecution by the Nepali Maoists. (Acharya v. Holder, 8/5/14)
    AILA Doc. No. 14080649.
  • 8/6/2014 CA1 Remands Asylum Denial for Mayan Quiché Petitioner from Guatemala (.pdf 511 KB) The court vacated and remanded the asylum denial, finding that the petitioner showed his Mayan Quiché identity was at least one central reason why he and his community were targeted by the Guatemalan army. (Ordonez-Quino v. Holder, 7/23/14)
    AILA Doc. No. 14080647.
  • 8/6/2014 CA6 Says Petitioner Failed to State a Claim under the APA (.pdf 534 KB) The court affirmed the district court’s dismissal of the complaint, holding that USCIS’s termination of refugee status and denial of the adjustment application were not “final agency actions” reviewable in district court under the Administrative Procedure Act (APA). (Jama v. DHS, 7/25/14)
    AILA Doc. No. 14080646.
  • 8/6/2014 AILA Amicus Brief Arguing Religious Worker Regulations Are Ultra Vires (.pdf 756 KB) AILA amicus brief arguing that 8 C.F.R. §§ 204.5(m)(4) and (11) are ultra vires because they impose requirements for approval of special immigrant religious worker petitions that go beyond those stated in the statute and a petitioner and beneficiary do have standing to challenge an I-360 denial.
    AILA Doc. No. 14080645.
  • 8/6/2014 AILA Amicus Brief Argues §212(h) Waiver Available to Petitioners Who Adjusted Status in the U.S. (.pdf 739 KB) AILA amicus brief to the Eighth Circuit Court of Appeals arguing that §212(h) waivers are available to legal permanent residents convicted of aggravated felonies if they adjusted status in the United States.
    AILA Doc. No. 14080644.
  • 8/6/2014 AILA Amicus Brief in Crane Lawsuit Argues DACA Does Not Violate INA (.pdf 537 KB) AILA amicus brief arguing that INA §235(b)(2)(A), which provides that all inadmissible applicants seeking admission "shall be detained" for removal proceedings, does not impose a mandatory duty on federal immigration officers to initiate removable proceedings against DACA-eligible noncitizens.
    AILA Doc. No. 14080643.
  • 8/6/2014 AILA Amicus Brief on Fundamental Fairness in Adjudicating Labor Certification Applications (.pdf 583 KB) AILA amicus brief to BALCA arguing that if, under the totality of the circumstances, the location, manner, and details in a Notice of Filing provide the information required by the regulation, the labor certification cannot be denied for failing to comply with §656.10(d)(4).
    AILA Doc. No. 14080642.
  • 8/6/2014 AILA Amicus Briefs on the Categorical Approach and State Drug Convictions (.pdf 20120 KB) AILA amicus brief and supplemental brief arguing that, under the categorical approach, courts must assess indivisibly overbroad controlled substance statutes categorically, and that the identity of a substance is a means, not an element, of the offense.
    AILA Doc. No. 14080641.
  • 8/6/2014 Department of State Releases 15 Asylum Country Profiles To Settle FOIA Lawsuit
    Asylum country profiles released by the Department of State in response to a FOIA lawsuit. Special thanks to David Cleveland.
    AILA Doc. No. 14080660.
  • 8/6/2014 BIA Sustains Appeal in Cancellation of Removal Denial (.pdf 565 KB) The BIA held that false testimony given by respondent more than three years prior to entry of a final administrative order should not be considered in determining whether she is barred from establishing good moral character under INA §101(f)(6). Matter of M-L-M-A-, 26 I&N Dec. 360 (BIA 2014)
    AILA Doc. No. 14080640.
  • 8/6/2014 Correct Job Classification Matters for a Design Professional
    Considering the vast number of diverse job descriptions and the limited classifications provided by DOL for design professionals, read the July/August VOICE for tips on properly advising employers to accurately categorize the design-related positions that foreign nationals will be assuming.
  • 8/6/2014 Daily Immigration News Clips – August 6, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 6, 2014.
  • 8/5/2014 Your AILA8 for August 5, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14080548.
  • 8/5/2014 CA7 Says IJ and BIA Applied Wrong Legal Standard and Misconstrued Evidence in Asylum Case (.pdf 589 KB) The court remanded, finding that the IJ and BIA applied the wrong legal standard in concluding petitioner was not persecuted in Belarus on account of her political opinion and misconstrued and disregarded important evidence. (Sobaleva v. Holder, 7/24/14)
    AILA Doc. No. 14080547.
  • 8/5/2014 BIA Grants Administrative Closure Pending Receipt of Record in I-130 Appeal
    Unpublished BIA decision administratively closes removal proceedings pending receipt of the record from USCIS in an appeal challenging the denial of an I-130, and states that the IJ should have granted a continuance. Special thanks to IRAC. (Matter of G-M-H-, 5/29/14)
    AILA Doc. No. 14080546.
  • 8/5/2014 SEVP Draft Guidance on Form I-20 and Conditional Admission (.pdf 722 KB) ICE Student and Exchange Visitor Program (SEVP) requests feedback on draft policy guidance clarifying previously issued regulations and guidance relating to conditional admission on Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. Feedback is being accepted until 8/25/14.
    AILA Doc. No. 14080545.
  • 8/5/2014 BIA Finds Non-Physical Abuse Qualifies as "Extreme Cruelty"
    Unpublished BIA decision finds respondent eligible for special rule cancellation under VAWA based on the psychological abuse caused by her husband’s alcoholism and gambling. Special thanks to IRAC. (Matter of B-J-G-, 5/29/14).
    AILA Doc. No. 14080544.
  • 8/5/2014 SEVP Draft Guidance on Form I-20 and English Proficiency Field (.pdf 745 KB) ICE Student and Exchange Visitor Program (SEVP) requests feedback on draft policy guidance clarifying for SEVP adjudicators how to interpret DSO usage of the English proficiency field on Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. Feedback is being accepted until 9/8/14.
    AILA Doc. No. 14080543.
  • 8/5/2014 AAO Processing Times as of August 1, 2014. (.pdf 538 KB) AAO Processing Times as of August 1, 2014.
    AILA Doc. No. 14080542.
  • 8/5/2014 AILA Quicktake #94: Accelerated Master Calendar Hearings for UACs
    AILA Southern California Chair Heather Poole discusses due process violations happening as California accelerates master calendar notifications for unaccompanied children.
    AILA Doc. No. 14080541.
  • 8/5/2014 OSC TAL Discusses Employer’s Over-Documentation of Employees (.pdf 554 KB) A 7/30/14 Technical Assistance Letter (TAL) from Office of Special Counsel with guidance on how to proceed when an employer discovers it accepted more documentation than necessary for Form I-9 purposes.
    AILA Doc. No. 14080540.
  • 8/5/2014 CA7 Says BIA Did Not Satisfy Hashmi Factors in Granting Continuance (.pdf 611 KB) The court held the BIA abused its discretion in denying the continuance pending adjudication of the I-130, as a continuance was needed due to USCIS’s carelessness in losing supporting materials about the potential fraudulent nature of petitioner’s second marriage. (Yang v. Holder, 7/25/14)
    AILA Doc. No. 14080549.
  • 8/5/2014 USCIS Request for Comments on Form I-601
    USCIS 60-day notice of request for comments on proposed revisions to Form I-601, Application for Waiver of Grounds of Inadmissibility. Comments are due by 10/3/14. (79 FR 45212, 8/4/14)
    AILA Doc. No. 14080560.
  • 8/5/2014 Daily Immigration News Clips – August 5, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 5, 2014.

 
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