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?

Participate in AILA's National Pro Bono Services Committee’s quarterly Pro Bono Heroes recognition program. This quarter an organization or institution championing the professional values of pro bono immigration legal work will be recognized. Nominate an AILA Pro Bono Hero for Fall 2014!

 

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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!

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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!

AILA Monthly Calendar of Events: October 2014

Recent Postings

  • 10/31/2014 AILA Resources on Business Immigration (Updated 10/31/14)
    Resources related to business immigration, including press statements, reports, and fact sheets.
    AILA Doc. No. 13032947.
  • 10/31/2014 AILA Resources on 2014 Immigration Reform (Updated 10/31/14)
    The most important and up to date information and resources on immigration reform in the 113th Congress.
    AILA Doc. No. 13020647.
  • 10/31/2014 AILA Resources on the Border (Updated 10/31/14)
    In recent years increasing amounts of money have been poured into the protection of the border region--the necessity of these escalating costs is questionable, especially when considering that apprehensions at the border are at their lowest in 40 years.
    AILA Doc. No. 12032166.
  • 10/31/2014 Your AILA8 for October 31, 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. 14103146.
  • 10/31/2014 CA1 Vacates and Remands Asylum Denial for Indonesian Christian (.pdf 472 KB) The court vacated the removal order and remanded, finding that the BIA gave an insufficient explanation of why the petitioner failed to demonstrate that she suffered past persecution as a Christian in Indonesia. (Panoto v. Holder, 10/22/14)
    AILA Doc. No. 14103144.
  • 10/31/2014 Selected News Clips on Artesia Pro Bono Efforts (Updated 10/31/14)
    Want to see the Artesia Pro Bono Project impact? Check out these selected clips chronicling the work of the volunteers and the plight of the mothers and children detained there, from national outlets to local press. A big thank you to all of our volunteers and donors – past, present, and future.
  • 10/31/2014 DOS Inspector General Report: Bureau of Consular Affairs, Visa Services Directorate (.pdf 1103 KB) Report from the Office of the Inspector General on the Visa Services Directorate of the Bureau of Consular Affairs includes an assessment of DOS leadership and management, responding to public inquiries on visa applications, CCD outages, interagency coordination, and legal advisory opinions.
    AILA Doc. No. 14103142.
  • 10/31/2014 CA4 Finds IJ Conflated Adverse Credibility with Fraud and Willful Misrepresentation (.pdf 520 KB) The court vacated the BIA’s decision and remanded, finding that the IJ committed legal error by conflating adverse credibility with fraud and willful misrepresentation and that the willful representation ruling was not supported by substantial evidence. (Yang v. Holder, 10/29/14)
    AILA Doc. No. 14103141.
  • 10/31/2014 AILA Leadership Blog: Latinos: History Proves Your Votes Can Make a Difference
    AILA Second Vice President Annaluisa Padilla urges Latinos to cast their votes, pulling from recent California history as proof that their votes can make a difference.
  • 10/31/2014 AILA Quicktake #104: Artesia Tour of Duty
    AILA President-Elect Victor Nieblas spent a week on the ground in Artesia volunteering with the Pro Bono Project. In this Quicktake, he shares his experiences on his Tour of Duty. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers
    AILA Doc. No. 14103140.
  • 10/31/2014 Daily Immigration News Clips – October 31, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 31, 2014.
  • 10/31/2014 USCIS Policy Guidance on Assisted Reproductive Technology (Updated 10/31/14) (.pdf 1388 KB) USCIS update to the USCIS Policy Manual on the use of Assisted Reproductive Technology (ART), indicating that non-genetic gestational mother who is also the child’s legal mother may be recognized in the same way as genetic legal mothers are treated under the INA. Comments are due by 11/13/14.
    AILA Doc. No. 14102840.
  • 10/31/2014 USCIS Policy Memo on Changes to T and U Visas (.pdf 532 KB) USCIS policy memo providing guidance on the new T-6 nonimmigrant derivative category and adjustments for T and U applicants from the Commonwealth of the Northern Mariana Islands. Comments are due by 11/13/14 and this memo is in effect until further notice.
    AILA Doc. No. 14103163.
  • 10/31/2014 OCAHO Affirms ALJ’s Penalty Assessment (.pdf 488 KB) OCAHO affirmation by the Chief Administrative Hearing Officer of the Administrative Law Judge’s final decision and order, finding that the ALJ substantially mitigated the penalty by almost half the amount which was just and reasonable. (U.S. v. Romans Racing Stables, Inc., 10/23/14)
    AILA Doc. No. 14103162.
  • 10/31/2014 Chief Administrative Law Judge Finds No Error in ALJ’s Penalty Assessment (.pdf 498 KB) OCAHO affirmation by the Chief Administrative Hearing Officer of the Administrative Law Judge’s final decision and order, finding no error in the analysis and that the penalty of $329,895 for 300 employment verification violations was just and reasonable. (U.S. v. Durable, Inc., 10/23/14)
    AILA Doc. No. 14103161.
  • 10/31/2014 OCAHO Reduces Fine for Small Horse Training Business (.pdf 486 KB) OCAHO final decision and order reducing the fine after reviewing required factors for assessing employment eligibility verification requirement penalties and finding that the company failed to produce clear evidence of financial hardship. (U.S. v. Mott Thoroughbred Stables, Inc., 9/26/14)
    AILA Doc. No. 14103160.
  • 10/30/2014 Your AILA8 for October 30, 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. 14103046.
  • 10/30/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 10/30/2014 Using Mobile Devices to Take Digital Notes
    Have you ever handwritten a note and handed it to someone, only to have them tell you they cannot make out what you wrote? In this day and age there is no excuse for that. We have an arsenal of mobile devices that are equipped to make that pile of notes and scribbles a thing of the past.
    AILA Doc. No. 14103043.
  • 10/30/2014 AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband (.pdf 645 KB) Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
    AILA Doc. No. 14103044.
  • 10/30/2014 AILA Resources on Interior Enforcement and Due Process (Updated 10/30/14)
    Effective border security and interior enforcement are essential to a functioning immigration system.
    AILA Doc. No. 12032760.
  • 10/30/2014 AILA Resources on Detainers (Updated 10/30/2014)
    Updates and resources related to Secure Communities, including AILA press statements, reports, and testimonies.
    AILA Doc. No. 11113063.
  • 10/30/2014 AILA Resources on Administrative Reform 2014 (Updated 10/30/14)
    Resources on 2014 administrative reform proposals.
    AILA Doc. No. 14032850.
  • 10/30/2014 BIA Says Form I-9 Is Admissible as Evidence in Removal Proceedings (.pdf 618 KB) The BIA held that a Form I-9, Employment Eligibility Verification, is admissible in immigration proceedings to support charges of removability against a noncitizen and to determine his or her eligibility for relief from removal. Matter of Bett, 26 I&N, Dec. 437 (BIA 2014)
    AILA Doc. No. 14103042.
  • 10/30/2014 USCIS Additional Comment Request Period on Form I-907
    USCIS notice allowing an additional 30 days for comments on the Application for Premium Processing Service (Form I-907). Comments are now due 11/28/14. (79 FR 64208, 10/28/14)
    AILA Doc. No. 14103041.
  • 10/30/2014 Daily Immigration News Clips – October 30, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 30, 2014.
  • 10/30/2014 USCIS Comment Request on Form AR-11
    USCIS 60-day notice of request for comments the Alien’s Change of Address Form (AR-11). Comments are due by 12/29/14. (79 FR 64208, 10/28/14)
    AILA Doc. No. 14103040.
  • 10/30/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 4
    In this final blog post on the Artesia detention center, AILA President-Elect Victor Nieblas Pradis issues a call to action: “I challenge you and others to take the Tour of Duty in Artesia, offer help at Karnes, or work remotely on bond motions. Volunteer. Donate. Be part of the solution.”
  • 10/29/2014 BIA Holds IJ Allowed to Reopen In Absentia Order Sua Sponte
    Unpublished BIA holds provisions for rescinding in absentia order in INA 240(b)(5)(C) do not trump IJs ability to reopen proceedings sua sponte. Special thanks to IRAC. (Matter of Garcia, 8/15/14)
    AILA Doc. No. 14102948.
  • 10/29/2014 Your AILA8 for October 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. 14102947.
  • 10/29/2014 BIA Remands Record In Light of Pending U Visa Application
    Unpublished BIA decision grants motion to remand in light of evidence submitted on appeal that respondent filed a U visa petition accompanied by required law enforcement certification. Special thanks to IRAC. (Matter of Urban, 8/13/14)
    AILA Doc. No. 14102946.
  • 10/29/2014 CA8 Holds Minnesota Offense of Making Terroristic Threats Is a CIMT (.pdf 502 KB) The court held the BIA permissibly categorized petitioner’s offense of making terroristic threats in violation of Minnesota statute §609.713 subd. 1 as a crime involving moral turpitude (CIMT) and did not err in concluding he was ineligible for cancellation. (Avendano v. Holder, 10/27/14)
    AILA Doc. No. 14102945.
  • 10/29/2014 CA9 Says Arizona Conviction for Criminal Impersonation Is a CIMT (.pdf 501 KB) The court held that petitioner’s conviction for criminal impersonation by assuming a false identity with intent to defraud, in violation of Arizona Revised Statutes §13-2006(A)(1), is categorically a crime involving moral turpitude (CIMT). (Hernandez de Martinez v. Holder, 10/24/14)
    AILA Doc. No. 14102944.
  • 10/29/2014 DOS FAQs for Afghan Special Immigrant Visa Applicants (.pdf 1039 KB) DOS FAQs, included in a 10/27/14 DOS alert, on the Afghan Special Immigrant Visa program. FAQ states that visa interviews are not being scheduled for Afghan SIV applicants with approved petitions as the number of applications in process exceeds the number of available visa numbers.
    AILA Doc. No. 14102943.
  • 10/29/2014 AIC Report on CBP Restrictions on Access to Counsel (Updated 10/29/14) (.pdf 598 KB) The American Immigration Council provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
    AILA Doc. No. 14101742.
  • 10/29/2014 USCIS Final Rule on Delivery of Notices of Decisions and Documents Evidencing Lawful Status
    USCIS request for comments on a final rule that explains how USCIS will issue requests, notices, cards, and original documents to applicants, petitioners, and their attorneys or accredited representatives of record. Comments are due by 12/29/14 and rule is effective 1/27/15. (79 FR 64299, 10/29/14)
    AILA Doc. No. 14102941.
  • 10/29/2014 November Litigation Section Conference Call
    The AILA Federal Court Litigation Section is hosting a one hour conference call on Thursday, November 6, at 3pm ET. Topics include: business litigation, Din v. Kerry, an update on family detention centers, an Amicus Committee update, and an AIC Legal Action Center update. Register today!
  • 10/29/2014 FY2015 H-2B Cap Count (Updated 10/29/14)
    As of 10/24/14, USCIS receipted 10,220 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This count includes 8,932 approved and 1,288 pending beneficiaries.
    AILA Doc. No. 14101744.
  • 10/29/2014 USCIS Policy Memo Use of DNA Evidence to Prove Sibling Relationships (.pdf 532 KB) USCIS policy memo stating that because probability standards for sibling-to-sibling DNA test results have not been established, USCIS may not afford evidentiary weight to sibling-to-sibling DNA test results. USCIS will, however, continue to rely on DNA testing results between parents and children.
    AILA Doc. No. 14102940.
  • 10/29/2014 Welcome New Members
    AILA would like to welcome its newest members.
    AILA Doc. No. 11123049.
  • 10/29/2014 Daily Immigration News Clips – October 29, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 29, 2014.
  • 10/29/2014 Send Us Your Feedback on Electronic Filing of I-526 EB-5 Petitions
    The AILA EB-5 Committee is soliciting member experiences filing I-526 EB-5 petitions electronically using the USCIS ELIS system. Please send us details – good and bad – relating to your experience with such filings.
    AILA Doc. No. 14041606.
  • 10/29/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 3
    This is the third of four blog posts written by AILA President-Elect Victor Nieblas Pradis who recently spent time volunteering in Artesia along with other AILA Southern California chapter members; the series shows the impact of the pro bono efforts and the lives that are being changed in Artesia.
  • 10/29/2014 AILA Liaison Notes from Teleconference with USCIS Customer Service (8/28/14) (.pdf 794 KB) AILA notes from a 8/28/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, G-28s, EAD expedites, ASC appointment notices, lockbox, and the production and delivery of permanent resident cards.
    AILA Doc. No. 14102960.
  • 10/28/2014 Your AILA8 for October 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. 14102846.
  • 10/28/2014 House Democrats Press DHS Against Expansion of Family Detention System (.pdf 1001 KB) A 10/27/14 letter from 32 House Democrats, led by Rep. Zoe Lofgren (D-CA), to President Obama opposing expansion of the family detention system, citing concerns with the no-bond/high-bond policy, the disparity in credible fear interview rates, and the lack of child care in the facilities.
    AILA Doc. No. 14102843.
  • 10/28/2014 DOS Fact Sheet on Afghan Special Immigrant Visas (.pdf 935 KB) DOS fact sheet, included in a 10/27/14 DOS alert, on the Afghan Special Immigrant Visa program. On 8/8/14, the President signed the Emergency Afghan Allies Extension Act of 2014 which authorized the issuance of 1,000 additional visas for Afghan principal applicants by 12/31/14.
    AILA Doc. No. 14102845.
  • 10/28/2014 AILA ICE Liaison Committee Meeting Q&As (4/10/14) (.pdf 1160 KB) AILA ICE Liaison Committee questions and answers from the 4/10/14 liaison meeting with ICE, including information on prosecutorial discretion, joint motions to reopen, the parental interests directive, deferred action and stays of removal, biometrics, and U visa applicants with a final order.
    AILA Doc. No. 14102844.
  • 10/28/2014 USCIS Invitation to Teleconference on BIA Recognition and Accreditation Program (.pdf 582 KB) USCIS invitation to a 11/6/14 teleconference to discuss the standard operating procedures for BIA recognition and accreditation. The USCIS Field Operations Directorate will discuss the application process, review the steps taken at field and district offices, and answer questions.
    AILA Doc. No. 14102842.
  • 10/28/2014 DOS Alert: Additional 1,000 Afghan SIVS Available (.pdf 632 KB) DOS alert that 1,000 Special Immigrant Visas (SIVs), in addition to the 3,000 visas for Afghan principal applicants originally allocated for use in FY2014, may be issued until 12/31/14.
    AILA Doc. No. 14102841.
  • 10/28/2014 Daily Immigration News Clips – October 28, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 28, 2014.
  • 10/28/2014 Let Your VOICE Be Heard! Write for AILA’s Online Magazine, VOICE: An Immigration Dialogue (.pdf 638 KB) Writing for VOICE is a fantastic way to share your expertise with your peers and raise your visibility. Contact voice@aila.org to propose articles between 500 and 700 words on family– and employment-based immigration, as well as on humanitarian relief and practice management.
    AILA Doc. No. 10081762.
  • 10/28/2014 Global Migration & Legal Ethics: Unauthorized Practice of Law and Foreign Corrupt Practice Act Issues (podcast)
    This podcast broaches an emerging issue intertwining global migration with legal ethics. The discussion focuses on MR 5.5 which requires U.S. lawyers not to practice in violation of other jurisdictions' regulation of the practice of law and the ethical challenges related to complying with the FCPA.
  • 10/28/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 2
    AILA’s President-Elect Victor Nieblas Pradis spent time volunteering in Artesia along with other AILA Southern California chapter members; he authored this blog post, the second in a four-part series that shows the impact of the pro bono efforts and the lives that are being changed in Artesia.
  • 10/27/2014 Practice Pointer: Keeping Your EOIR eRegistry Account Active
    At the October 23, 2014 AILA EOIR Liaison Committee meeting, EOIR clarified several key aspects of its eRegistry program for attorneys, including how to keep an account active and how to reactivate an account. EOIR also advised the committee on upcoming features that will be added to the portal.
    AILA Doc. No. 14102749.
  • 10/27/2014 Your AILA8 for October 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. 14102748.
  • 10/27/2014 NSC Liaison Q&As from Asylum/Refugee Issues Teleconference (10/9/14) (.pdf 479 KB) The NSC Liaison Committee’s unofficial Q&As from the 10/9/14 teleconference on refugee and asylum issues with NSC. Topics include: I-765 eligibility for individuals with convictions, I-131 fee waivers, I-730s, adjustment of status, G-28s, and TRIG issues.
    AILA Doc. No. 14102747.
  • 10/27/2014 Daily Immigration News Clips – October 27, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 27, 2014.
  • 10/27/2014 AAO Processing Time Report (10/1/14) (.pdf 562 KB) AAO Processing Times as of October 1, 2014. All forms remain current.
    AILA Doc. No. 14102746.
  • 10/27/2014 EB-5 Processing Time Report (10/24/14) (.pdf 544 KB) EB-5 Processing Time Report released on 10/24/14 with processing dates as of 8/31/14. An updated processing time for Forms I-829 is included, changing the processing time from 15.1 months to 7.2 months.
    AILA Doc. No. 14102745.
  • 10/27/2014 National Benefits Center Processing Time Report (10/24/14) (.pdf 553 KB) NBC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102744.
  • 10/27/2014 Vermont Service Center Processing Time Report (10/24/14) (.pdf 604 KB) VSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102743.
  • 10/27/2014 Texas Service Center Processing Time Report (10/24/14) (.pdf 591 KB) TSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102742.
  • 10/27/2014 Nebraska Service Center Processing Time Report (10/24/14) (.pdf 601 KB) NSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102741.
  • 10/27/2014 California Service Center Processing Time Report (10/24/14) (.pdf 630 KB) CSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102740.
  • 10/27/2014 Litigation Timeline: H-2B Prevailing Wage Methodology (Updated 10/27/14)
    Timeline of major court and agency actions in response to litigation challenging DOL’s methodology for determining prevailing wages for the H-2B temporary nonagricultural worker program.
    AILA Doc. No. 10100171.
  • 10/27/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 1
    AILA’s President-Elect Victor Nieblas Pradis spent time volunteering in Artesia along with other AILA Southern California chapter members; he authored this blog post which begins a four-part series that shows the impact of the pro bono efforts and the lives that are being changed in Artesia.
  • 10/27/2014 ICE Policy on Notification and Reporting of Detainee Deaths (.pdf 1163 KB) ICE policy number 11033.2, dated 5/19/11, providing initial notification and ongoing reporting responsibilities after the death of a detainee in the custody of ICE. This policy memo supersedes a 10/1/09 memo. Obtained through FOIA by Stephen Yale-Loehr
    AILA Doc. No. 14102770.
  • 10/27/2014 DOL OFLC Directive on Acceptable Documentation to Establish Business Necessity (.pdf 564 KB) DOL Office of Foreign Labor Certification (OFLC) directive dated 11/24/09 on acceptable documentation to establish business necessity for a job duty or requirement other than a foreign language and/or combination of occupations. Special thanks to Jonathan Moore and David Gluckman.
    AILA Doc. No. 14102769.
  • 10/27/2014 DOL OFLC Directive on Finite Employment Opportunity (.pdf 494 KB) DOL Office of Foreign Labor Certification (OFLC) directive dated 11/24/09 to be used by analysts to decide whether a job opportunity is finite and therefore ineligible for a labor certification through the PERM program. Special thanks to Jonathan Moore and David Gluckman.
  • 10/27/2014 DOL Statistics on H-2Bs from FY2014 Fourth Quarter (9/30/14) (.pdf 550 KB) DOL’s OFLC statistics on H-2Bs as of 9/30/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14102766.
  • 10/27/2014 DOL Statistics on H-2As from FY2014 Fourth Quarter (9/30/14) (.pdf 543 KB) DOL’s OFLC statistics on H-2As as of 9/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14102765.
  • 10/27/2014 DOL Statistics on H-1Bs from FY2014 Fourth Quarter (9/30/14) (.pdf 551 KB) DOL’s OFLC statistics on H-1Bs as of 9/30/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
    AILA Doc. No. 14102764.
  • 10/27/2014 DOL Statistics on PWDs from FY2014 Fourth Quarter (9/30/14) (.pdf 520 KB) DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 9/30/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.
    AILA Doc. No. 14102763.
  • 10/27/2014 DOL Statistics on PERM Program from Fourth Quarter of FY2014 (9/30/14) (.pdf 538 KB) DOL’s OFLC statistics on the PERM program as of 9/30/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied, and withdrawn applications.
    AILA Doc. No. 14102762.
  • 10/27/2014 District Court Denies Motion to Compel DOL to Engage in Rulemaking to Fill H-2B Regulatory Gaps (.pdf 545 KB) The district court finds it would be improper to compel DOL to initiate formal rulemaking to replace the invalidated 2008 H-2B regulations and allows DOL to continue the effectiveness of the challenged 2008 rules. (CATA v. Perez, 9/10/14)
    AILA Doc. No. 14102761.
  • 10/27/2014 November 5 Early Bird for the NY Chapter Symposium
    Celebrate the holiday season in NYC at the New York Chapter Symposium. This symposium helps you chart the right course by providing New York-specific tips, the latest information, and networking opportunities. Register early to save the most.
  • 10/27/2014 USCIS Privacy Office Notice on E-Verify Self Check
    USCIS notice to consolidate the E-Verify Self Check system of records into an existing DHS system of records. This change will take effect on 11/24/14. (79 FR 63634, 10/24/14)
    AILA Doc. No. 14102760.
  • 10/24/2014 AILA Resources on Detention (Updated 10/24/14)
    Resources related to detention conditions and policy, including legislation, press statements, and hearings.
    AILA Doc. No. 12011164.
  • 10/24/2014 BIA on Time Period for Establishing Extreme Hardship Under INA §216(c)(4)(A) (.pdf 618 KB) The BIA held that to establish eligibility for a waiver under INA §216(c)(4)(A), the period to determine whether removal would result in extreme hardship is the two-year period for which the alien was admitted as a conditional permanent resident. Matter of Munroe, 26 I&N Dec. 428 (BIA 2014)
    AILA Doc. No. 14102447.
  • 10/24/2014 Family Detention- Asylum Grant Examples (.pdf 794 KB) Compilation of case examples of mothers and children at the Artesia family detention center who have been granted asylum.
    AILA Doc. No. 14102446.
  • 10/24/2014 Your AILA8 for October 24, 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. 14102445.
  • 10/24/2014 USCIS Comment Request on Form I-360
    USCIS 60-day notice of request for comments on proposed revisions to the Petition for Amerasian, Widower, or Special Immigrant (Form I-360). Comments are due by 12/22/14. (79 FR 63158, 10/22/14)
    AILA Doc. No. 14102444.
  • 10/24/2014 BIA Orders Further Consideration of Ineffective Assistance Claim
    Unpublished BIA decision orders further consideration of in absentia order in light of allegations that prior attorney failed to appear or notify respondent of hearing. Special thanks to IRAC. (Matter of Godinez, 8/7/14)
    AILA Doc. No. 14102443.
  • 10/24/2014 USCIS Important Notice Regarding Central American TPS Re-Registration (.pdf 506 KB) USCIS notice that it will not be reusing previously captured fingerprint and biometric (photograph and signature) data during the next Central American Temporary Protected Status (TPS) re-registration period. USCIS will schedule an ASC appointment for each TPS registrant who re-registers.
    AILA Doc. No. 14102442.
  • 10/24/2014 DOL PERM FAQ on Forwarding Requests for Reconsiderations to BALCA (.pdf 478 KB) DOL PERM FAQ that as of 10/27/14, the Atlanta National Processing Center will no longer automatically forward all Requests for Reconsideration where the original case decision was upheld to BALCA for review. An employer must affirmatively request review before BALCA within 30 days of the denial.
    AILA Doc. No. 14102441.
  • 10/24/2014 2014 Visa Reciprocity Changes (Updated 10/24/14)
    DOS updates the visa reciprocity tables, including updated information for Ukraine and Jordan.
    AILA Doc. No. 14010841.
  • 10/24/2014 AILA Law Student E-News, October 2014
    This latest edition brings you how students can prepare themselves for a future as an immigration attorney, getting started in immigration law research and expert tips on succeeding in private practice.
    AILA Doc. No. 14102440.
  • 10/24/2014 DOL Alert: iCERT Unavailable the Evening of 10/24/14
    DOL alert that iCERT will be unavailable on 10/24/14 between 8:30pm and 6:00am ET.
    AILA Doc. No. 10101531.
  • 10/23/2014 BIA Holds California Grant Theft Not a Fraud-Related Aggravated Felony
    Unpublished BIA decision holds grand theft under Cal. Penal Code 487(b)(3) not an aggravated felony under INA 101(a)(43)(M)(i) because it does not entail taking with fraudulently obtained consent. Special thanks to IRAC. (Matter of Rodriguez, 8/7/14)
    AILA Doc. No. 14102346.
  • 10/23/2014 Your AILA8 for October 23, 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. 14102345.
  • 10/23/2014 Global Migration & Legal Ethics, Part II: Unauthorized Practice of Law and Foreign Corrupt Practice Act Issues (.pdf 659 KB) Ethical challenges for U.S. attorneys abound in the practice of global migration. Practitioners new to global migration must be mindful of the UPL and FCPA issues they will face. This ethics article provides a framework to successfully navigate this ethical minefield and avoid certain violations.
    AILA Doc. No. 14102344.
  • 10/23/2014 To Blog or Not to Blog...
    The first law firms to venture into social media were run by immigration lawyers, they started with blogs in the 1990s. It’s 2014 now and time to launch and publish your own blog. Get started with this practice success tip.
    AILA Doc. No. 14102343.
  • 10/23/2014 USCIS Comment Request for Form I-924 and Form I-924A
    USCIS 60-day request for comments on proposed revisions to the Application for Regional Center Under the Immigrant Investor Program and Supplement, Form I-924 and Form I-924A. Comments are due by 12/22/14. (79 FR 63157, 10/22/14)
    AILA Doc. No. 14102342.
  • 10/23/2014 AILA Pro Bono Heroes Recognition Program (Updated 10/23/14)
    AILA's National Pro Bono Services Committee presents a quarterly Pro Bono Heroes recognition program. Each quarter, a different category of person/organization exemplifying the professional values of pro bono immigration legal work is profiled. Nominations now open!
    AILA Doc. No. 13050340.
  • 10/23/2014 Register for the November 19 EB-5 Teleconference
    The EB-5 landscape changes rapidly. If you have questions, be part of the November Conversations with the AILA EB-5 Liaison Committee teleconference, sponsored by American Regional Center Group. Registration costs only $15 and the first two monthly teleconferences sold out in days. Register soon.
  • 10/23/2014 Daily Immigration News Clips – October 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 23, 2014.
  • 10/23/2014 AILA: Administration’s Decision on Haiti is a Step Forward
    As the Obama Administration announced a Haitian Family Reunification Parole Program, AILA President Leslie Holman noted, “This change will ease the pain of family separation and alleviate hardships that they suffer in a country still struggling to recover from devastating natural disaster.”
    AILA Doc. No. 14102340.
  • 10/22/2014 Your AILA8 for October 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. 14102244.
  • 10/22/2014 EB-5 Practice Alert: Failure to File I-924A Leads to Notice of Intent to Terminate (.pdf 511 KB) AILA’s EB-5 Liaison Committee offers a practice alert regarding USCIS’ issuance of intent to terminate notices due to regional centers’ failure to file a Form I-924A or for not promoting economic growth. Practice alert notes that FY2014 annual reports must be filed no later than 12/29/14.
    AILA Doc. No. 14102243.
  • 10/22/2014 VOICE Article on Indian Business Visas
    In the October 2014 VOICE, AILA member Poorvi Chothani offers guidance on pursuing business visitor visas to India. And for additional resources on global migration and policy, purchase the recordings from the 2014 AILA Global Migration Forum.
  • 10/22/2014 GMS International Lawyers List (Updated 10/22/14) (.pdf 588 KB) GMS Members have access to a list of licensed and qualified immigration law practitioners for jurisdictions other than the United States.
    AILA Doc. No. 13071111.
  • 10/22/2014 EOIR Expands Legal Orientation Program Sites to Include Karnes (.pdf 467 KB) EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.
    AILA Doc. No. 14102242.
  • 10/22/2014 AILA Announces Pro Bono Heroes Honorees for the Third Quarter of 2014
    AILA’s National Pro Bono Services Committee is pleased to announce the honorees for the 2014 AILA Pro Bono Heroes Recognition program’s Third Quarter. A very special group of members are being celebrated for their inspiring work over the summer months.
    AILA Doc. No. 14102048.
  • 10/22/2014 CRS Report on Immigration Detainers (Updated 10/22/14) (.pdf 829 KB) Congressional Research Service (CRS) report on immigration detainers, including discussions on if ICE’s detainer practices are within its statutory authority, if state and localities are required to comply, custody issues, and if detainer practices violate an individual’s constitutional rights.
    AILA Doc. No. 14050947.
  • 10/22/2014 Daily Immigration News Clips – October 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 22, 2014.
  • 10/22/2014 Ethical Issues in Representing Children in Immigration Proceedings (.pdf 1761 KB) With the recent increase in the number of minors who are in removal proceedings, the lawyers representing them have raised many questions. This practice advisory provides an extensive summary of ethical guidance on some of the more common questions that practitioners have raised.
    AILA Doc. No. 14102240.
  • 10/22/2014 USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 10/21/14)
    USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 9/9/14. The DACA FAQs were last updated on 10/17/14.
    AILA Doc. No. 12080365.
  • 10/22/2014 DC Circuit Remands L-1B Denial for Specialty Chef (.pdf 690 KB) Noting that the lack of clarity in the definition of “specialized knowledge” does not permit the government to apply a “sliding scale of specialness,” the Court found that the AAO’s bar against considering culturally-based skills for L-1B purposes was in error. (Fogo de Chao v. DHS, 9/29/14)
    AILA Doc. No. 14102260.
  • 10/21/2014 Your AILA8 for October 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. 14102147.
  • 10/21/2014 CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT (.pdf 477 KB) The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
    AILA Doc. No. 14102146.
  • 10/21/2014 Call for Examples: Asylum Applicants Lacking a Secondary ID
    Have your asylum applicant clients been denied a social security number (SSN) because they lack a secondary ID? AILA is looking for examples of asylum applicants who have been issued EADs under category (c)(8)(i) and who were then denied social security numbers because they had no secondary ID.
    AILA Doc. No. 14102144.
  • 10/21/2014 Minutes from H-2A DOL Stakeholder Meeting (9/12/14) (.pdf 508 KB) AILA liaison minutes from DOL H-2A Stakeholder Meeting on 9/12/14. Topics include: DOS visa delays, additional positive recruitment, recruitment report and certification, area of intended employment, special procedure applications for sheepherders, withdrawal of ETA-9142s and job orders.
    AILA Doc. No. 14102143.
  • 10/21/2014 CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights (.pdf 528 KB) The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)
    AILA Doc. No. 14102142.
  • 10/21/2014 Minutes from DOL Stakeholder Meeting (9/12/14) (.pdf 548 KB) AILA’s DOL Liaison Committee minutes from the OFLC Stakeholder Meeting with the DOL on 9/12/14. Some topics include: iCERT and PERM portal account changes, supervised recruitment advertising instruction timeline, prevailing wage issues, audits for business necessity, and Section K denials.
    AILA Doc. No. 14102141.
  • 10/21/2014 PERM Practice Pointer: Foreign National Qualifications and Section K (.pdf 521 KB) PERM Practice Pointer from AILA’s DOL Liaison Committee that addresses foreign national qualifications and Section K on the ETA Form 9089. Practice Pointer discusses history of the Section K issue, what and where to include information in Section K, and error messages one may encounter.
    AILA Doc. No. 14102140.
  • 10/21/2014 CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission (.pdf 491 KB) The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
    AILA Doc. No. 14102145.
  • 10/21/2014 Daily Immigration News Clips – October 21, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 21, 2014.
  • 10/20/2014 Your AILA8 for October 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. 14102052.
  • 10/20/2014 Philadelphia Chapter – Records of Proceedings for N-400 and I-485 (.pdf 1424 KB) Record of proceedings (ROPs) from USCIS Philadelphia field office for N-400s and I-485s, reflecting the order in which the A file is put together upon submission of these applications. USCIS encouraged practitioners to prepare their filings in the same order, if possible.
    AILA Doc. No. 14102051.
  • 10/20/2014 San Diego Chapter – USCIS Liaison Minutes (10/8/14) (.pdf 757 KB) San Diego Chapter minutes from liaison meeting with USCIS District 24 on 10/8/14. Topics include: military parole-in-place applications, including those related to the MAVNI program, and new system for requesting InfoPass appointments when AOR has more than one case inquiry.
    AILA Doc. No. 14102050.
  • 10/20/2014 Philadelphia Chapter – USCIS Philadelphia Liaison Minutes (10/8/14) (.pdf 543 KB) Philadelpia Chapter minutes from liaison meeting with Philadelphia USICS on 10/8/14. Topics include: processing of interview waiver eligible adjustment cases, I-601A transfers to the NVC, InfoPass appointments, biometrics appointments, N-400 medical waivers, I-290B processing, and parole-in-place.
    AILA Doc. No. 14102049.
  • 10/20/2014 Carolinas Chapter – USCIS Charlotte Liaison Meeting Minutes (9/26/14) (.pdf 545 KB) Carolinas Chapter liaison minutes from meeting with USCIS Charlotte Field Office on 9/26/14. Topics include: processing time for parole-in-place for military families, naturalization guidelines on legal name changes, confirmation of rescheduled interviews, and current intake process for interviews.
    AILA Doc. No. 14102047.
  • 10/20/2014 Carolinas Chapter – USCIS Charleston Liaison Meeting Minutes (9/8/14) (.pdf 476 KB) Carolinas Chapter liaison minutes from meeting with USCIS Charleston on 9/8/14. Topics include: staffing changes, adjustment eligibility after advance parole entry for DACA recipients, scheduling of naturalization interviews, and FDNS officer conduct.
    AILA Doc. No. 14102046.
  • 10/20/2014 CA9 Vacates Removal Order for California §11351 Offense and Remands with Instructions to Terminate Proceedings (.pdf 568 KB) The court withdrew its 9/19/14 decision, holding that as the abstract of judgment did not offer clear and convincing evidence about what petitioner pleaded guilty to, DHS failed to establish the conviction was an aggravated felony or controlled substance offense. (Medina v. Holder, 10/10/14)
    AILA Doc. No. 14102045.
  • 10/20/2014 Call For Examples: DACA Renewal Applications Pending Over 75 Days
    AILA is collecting examples of DACA renewal cases in which the renewal Form I-821D has been pending over 75 days. Please complete the questions and upload a copy of your I-821D receipt notice.
    AILA Doc. No. 14102044.
  • 10/20/2014 Check-in with DOS’s Charlie Oppenheim (10/15/14)
    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.
  • 10/20/2014 USCIS Response to CIS Ombudsman Recommendations on Improving Quality in Notices to Appear (.pdf 691 KB) USCIS response to CIS Ombudsman recommendations on improving the quality and consistency in Notices to Appear (NTA), concurring that USCIS will provide additional guidance for issuing NTAs with input from ICE and EOIR and that USCIS will create a working group to improve tracking and coordination.
    AILA Doc. No. 14102043.
  • 10/20/2014 AIM: DOMA and Immigration
    For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
    AILA Doc. No. 14102042.
  • 10/20/2014 Daily Immigration News Clips – October 20, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 20, 2014.
  • 10/20/2014 DOL Alert that H-1B Legacy Records No Longer Available (.pdf 487 KB) DOL alert that labor condition applications (LCA) retained in the legacy LCA Online System are all beyond the retention period of five years from a date of final determination or final action. Therefore, effective 10/17/14, the LCA Online System has been decommissioned.
    AILA Doc. No. 14102041.
  • 10/20/2014 USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting (.pdf 762 KB) USCIS invitation to the 11/14/14 Asylum Division quarterly stakeholder meeting. The Asylum Division will provide updates and statistics and will be available to answer questions. Interested parties may participate in this event in-person only.
    AILA Doc. No. 14102040.
  • 10/17/2014 Your AILA8 for October 17, 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. 14101756.
  • 10/17/2014 CA11 Finds it Lacks Jurisdiction to Review BIA’s Battered-Spouse Discretionary Decision (.pdf 761 KB) The court found it lacked jurisdiction to review the BIA’s order denying the motions to reopen and reconsider, as the BIA’s battered-spouse determination under INA 204 §(a)(1)(A)(iii) was discretionary. (Butalova v. Att’y Gen., 10/7/14)
    AILA Doc. No. 14101755.
  • 10/17/2014 USCIS Comment Request on Form G-845
    USCIS 60-day notice of a request for comments on revisions to Form G-845, used to verify the immigration status of applications for federal, state, or local public benefits and licenses. Comments are due by 11/25/14. (79 FR 57948, 9/26/14)
    AILA Doc. No. 14101754.
  • 10/17/2014 AILA Quicktake #103: Granting Asylum for Artesia Detainees
    AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers
    AILA Doc. No. 14101753.
  • 10/17/2014 DOS Notice of Embassy and Consulate Closings (Updated 10/17/14)
    DOS notice that the U.S. Consulate General in Calgary will be closed for nonimmigrant visa services during the month of November, 2014. Extra appointments have been made available 10/15/14 through 10/28/14. Normal visa operations will resume in December, 2014.
    AILA Doc. No. 11151120.
  • 10/17/2014 USCIS Invitation to Teleconference on Haitian Family Reunification Parole Program (.pdf 775 KB) USCIS invitation to a 10/22/14 teleconference to discuss the implementation of a limited Haitian Family Reunification Parole program, where certain Haitians in Haiti who are beneficiaries of approved family-based immigrant visa petitions may be considered for parole to come to the U.S.
    AILA Doc. No. 14101700.
  • 10/17/2014 CA2 Agrees with BIA that Vacated Conviction Remains Valid for Removability Purposes (.pdf 763 KB) The court held it lacked jurisdiction, upholding the BIA’s determination that the 1997 Arizona conviction remained a removable offense because the petitioner obtained vacatur solely for rehabilitative reasons and to avoid adverse immigration consequences. (Sutherland v. Holder, 10/8/14)
    AILA Doc. No. 14101752.
  • 10/17/2014 DHS Announces Plans for Haitian Family Reunification Parole Program (.pdf 551 KB) DHS press release announcing that starting in early 2015, DHS will expedite family reunification for certain eligible Haitian family members of U.S. citizens and lawful permanent residents in the U.S. USCIS is not currently accepting applications and will provide program details by the end of 2014.
    AILA Doc. No. 14101747.
  • 10/17/2014 EOIR Updates to Immigration Court Practice Manual
    This page contains updates to EOIR’s Immigration Court Practice Manual.
    AILA Doc. No. 14101746.
  • 10/17/2014 USCIS Meeting Invitation to TRIG Quarterly Stakeholder Meeting (.pdf 545 KB) USCIS invitation to the 11/18/14 Terrorist Related Inadmissibility Grounds (TRIG) quarterly stakeholder engagement. Interested parties may participate in this event in-person only. Questions or agenda items are due by 11/3/14.
    AILA Doc. No. 14101745.
  • 10/17/2014 CA2 Says Unlawful Possession of Ammunition Is an Aggravated Felony (.pdf 592 KB) The court denied the petition for review, upholding the BIA’s decision concluding that the petitioner’s conviction for the unlawful possession of ammunition under 18 U.S.C. § 922(g)(1) qualifies as an aggravated felony under INA §101(a)(43)(E)(ii). (Oppedisano v. Holder, 10/8/14)
    AILA Doc. No. 14101750.
  • 10/17/2014 CA8 Affirms Withholding Denial for Petitioner Who Suffered Child Abuse in Hong Kong (.pdf 499 KB) The court affirmed the withholding denial, finding that substantial evidence supported the determination that the petitioner's age represented a fundamental change in circumstances such that her life and freedom would not be threatened if she returned to Hong Kong. (Hui v. Holder, 10/14/14)
    AILA Doc. No. 14101751.
  • 10/17/2014 Questions Sought for Student/Schools and “Others” 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 student, schools and “other” issues. Questions needed by 10/26/14.
    AILA Doc. No. 14101743.
  • 10/17/2014 Daily Immigration News Clips – October 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 17, 2014.
  • 10/17/2014 USCIS Extension of TPS for Honduras
    USCIS notice that the designation of Honduras for Temporary Protected Status (TPS) has been extended for 18 months from 1/6/15 through 7/5/16. Notice includes instructions for re-registration and renewal of EADs. (79 FR 62170, 10/16/14)
    AILA Doc. No. 14101740.
  • 10/17/2014 USCIS Extension of TPS for Nicaragua
    USCIS notice that the designation of Nicaragua for Temporary Protected Status (TPS) has been extended for 18 months from 1/6/15 through 7/5/16. Notice includes instructions for re-registration and renewal of EADs. (79 FR 62176, 10/16/14)
    AILA Doc. No. 14101741.
  • 10/17/2014 Help the Volunteers in Artesia (Updated 10/17/14)
    AIC and AILA have created a way for you to make tax-deductible donations on-line to help reimburse the travel expenses of pro bono volunteers.
    AILA Doc. No. 14090249.
  • 10/17/2014 AILA Leadership Blog: Championing the Vulnerable
    In this blog post, AILA President Leslie Holman welcomes a new letter from Senate Democrats, led by one of her state’s Senators Patrick Leahy, which condemns family detention and urges the Department of Homeland Security against building more family detention facilities.
  • 10/16/2014 Your AILA8 for October 16, 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. 14101640.
  • 10/16/2014 Domestic Violence Advocates Call for End of Family Detention (.pdf 987 KB) A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.
    AILA Doc. No. 14101609.
  • 10/16/2014 Senate Democrats Press DHS Against Expansion of Family Detention System (.pdf 2216 KB) A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.
    AILA Doc. No. 14101608.
  • 10/16/2014 Practice Pointer: TSC Confirms RFE Response Submission Address for Courier Delivery
    The Texas Service Center (TSC) informed AILA of the physical address for RFE responses to be delivered by courier and offered pointers when responding to an RFE.
    AILA Doc. No. 14101600.
  • 10/16/2014 Report Finding Returned Central American Migrants Face Serious Harm (.pdf 1418 KB) Human Rights Watch (HRW) report with accounts from Central Americans in U.S. detention or who were recently deported to Honduras, finding that border officers failed to identify individuals facing serious risks and that some deported individuals provide accounts that should qualify them for asylum.
    AILA Doc. No. 14101606.
  • 10/16/2014 HHS Funding to Support Legal Services for Unaccompanied Children
    HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)
    AILA Doc. No. 14101607.
  • 10/16/2014 November 2014 Federal Court Litigation Section Conference Call
    November 6, 2014
    3pm Eastern
    Teleconference
    AILA Doc. No. 14101607.
  • 10/16/2014 Findings of Westat’s 2013 E-Verify User Survey
    Westat released a report with findings and recommendations from a survey of nearly 3,000 randomly sampled E-Verify users conducted in 2013 to gather information on employers’ opinions and experiences with using E-Verify. USCIS responded with a summary of key findings and response to recommendations.
    AILA Doc. No. 14101605.
  • 10/16/2014 3rd Annual AILA Bangkok District Chapter Conference
    Immigration Thrilla in Manila
    March 12-13, 2015
    Manila, Philippines

    This event is being presented by AILA’s Bangkok District Chapter. This event is not being organized by the AILA National Office.
    AILA Doc. No. 14101604.
  • 10/16/2014 Practice Alert: TSC “Goldenrod” RFE Coversheets Include Check Box for Updated Attorney of Record
    The Texas Service Center (TSC) has informed AILA that the RFE coversheet referred to as the “Goldenrod” will include a check block to alert the TSC contract support to a change in attorney or to a new attorney of record.
    AILA Doc. No. 14101601.
  • 10/16/2014 Daily Immigration News Clips – October 16, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 16, 2014.
  • 10/15/2014 Your AILA8 for October 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. 14101546.
  • 10/15/2014 AILA Quicktake #102: Karnes Family Detention Center
    AILA Second Vice President Annaluisa Padilla joins to discuss her recent experience touring the family detention center located in Karnes, Texas, where she had the opportunity to meet with some of the detainees.
    AILA Doc. No. 14101545.
  • 10/15/2014 Call for Questions: Social Security Administration (SSA) Issues
    The AILA SSA/DMV/SAVE Taskforce seeks questions about general Social Security Administration (SSA) issues in order to assist the taskforce in their agenda development for 2014-2015. Please send non-case specific items by 10/31/14.
    AILA Doc. No. 14101544.
  • 10/15/2014 Free This Month on Agora
    AILA’s free items for October are now available. Read an Immigration Practice Pointer on what to do when tax non-compliance collides with immigration law and listen to an audio seminar on how international students are affected when SEVP takes action against a school. Check them out today!
  • 10/15/2014 Practice Pointer: Recapturing an Earlier Priority Date
    AILA USCIS service center liaison provides tips for requesting recapture of an earlier priority date and reminds members that the final priority date will not be indicated on the I-140 receipt notice, but instead will be indicated on the approval notice after the petition has been adjudicated.
    AILA Doc. No. 14101543.
  • 10/15/2014 Article: Jeh Johnson: Politicians Shouldn't 'Feed The Flames Of Fear' Over ISIS, Ebola
    AILA’s Director of Advocacy Greg Chen pressed DHS Secretary Johnson on the government’s ramping up of family detention “when many of the women and children being held are seeking asylum and have fled horrific violence.”
    AILA Doc. No. 14101542.
  • 10/15/2014 Pre-Order Recordings from the Fundamentals Conference
    If you’re just getting started in immigration law, tomorrow and Friday’s Fundamentals Conference in New Orleans is designed to give you a solid foundation for success. Can’t attend? Pre-order the conference recordings and benefit from the content without the travel.
  • 10/15/2014 DHS CRCL Stakeholder Engagement on Language Access (.pdf 495 KB) DHS announcement of the release of draft Language Access Plans, which address the language needs of persons with limited English proficiency. DHS welcomes written feedback on the draft plans through 10/31/14 and will have an stakeholder engagement on 10/24/14 in D.C. to allow further discussion.
    AILA Doc. No. 14101541.
  • 10/15/2014 ICE Will Provide Children at Artesia with Education (.pdf 549 KB) ICE press release announcing children at the Artesia Family Residential Center will be provided with one-hour daily instruction blocks in subjects including science, social studies, mathematics, reading, writing, and physical education. AMIkids will manage and administer the program.
    AILA Doc. No. 14101540.
  • 10/15/2014 Daily Immigration News Clips – October 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 15, 2014.
  • 10/14/2014 Your AILA8 for October 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.
    AILA Doc. No. 14101449.
  • 10/14/2014 NSC Invitation to Stakeholder Call on Students and Schools and Other Issues
    NSC invitation to an 11/13/14 stakeholder call on student and schools and “other” issues. Call-in information will be provided closer to the date of the teleconference.
    AILA Doc. No. 14101448.
  • 10/14/2014 ICE Memo on Strategic Use of Expedited Removal (.pdf 643 KB) ICE memo, dated 4/5/11, from Gary Mead, Executive Associate Director, on the strategic use of expedited removal authority. Also includes a list of instances that expedited removal should not be used. Obtained through FOIA by Stephen Yale-Loehr.
    AILA Doc. No. 14101447.
  • 10/14/2014 AILA Leadership Blog: Welcoming Brilliance to Our Shores
    Anastasia Tonello, AILA Treasurer, takes a look at the history of immigrants awarded the Nobel Prize, writing “What these Nobel Laureates show us is that the best and the brightest are mobile and the U.S. must be able to compete for talent on a global stage.”
  • 10/14/2014 BIA Says Regulations for Applying for Bond Redetermination Are Not Jurisdictional (.pdf 633 KB) Unpublished BIA decision holding that INA §236 contains no language limiting an IJ’s authority to hear a bond case due to the geographic area of the noncitizen and that 8 CFR §1003.19(c) dictates where he/she should file a request for a custody redetermination. Courtesy of Helen Parsonage.
    AILA Doc. No. 14101446.
  • 10/14/2014 USCIS PowerPoint on Religious Workers (.pdf 590 KB) USCIS PowerPoint on religious workers from the 10/9/14 USCIS teleconference with CSC and VSC, including petitioner and beneficiary evidentiary requirements, self-supporting R-1s, dependents, site inspections, expedite requests, common filing issues, and helpful filing tips.
    AILA Doc. No. 14101445.
  • 10/14/2014 USCIS PowerPoint with H-1B Filing Tips (.pdf 555 KB) USCIS PowerPoint with H-1B filing tips provided during the 10/9/14 USCIS teleconference with CSC and VSC.
    AILA Doc. No. 14101444.
  • 10/14/2014 AILA and AIC to BALCA: Due Process Must Trump Administrative Efficiency in PERM (.pdf 588 KB) AILA/AIC amicus urge the Board to affirm that the Certifying Officer (CO) cannot deny a PERM application for failure to comply with the recruitment report requirements in 20 CFR §656.17(g)(1), when the employer’s compliance is evident from the record despite the omission of certain documentation.
    AILA Doc. No. 14101443.
  • 10/14/2014 BIA Rescinds In Absentia Order Under Totality of the Circumstances
    Unpublished BIA decision rescinds in absentia order because respondent acted with diligence in seeking reopening and had a history of providing his complete address to the Department of Homeland Security. Special thanks to IRAC. (Matter of Gonzalez, 7/31/14)
    AILA Doc. No. 14101442.
  • 10/14/2014 ‘SOCing’ It to ’Em: Strange Tales from USCIS
    In VOICE, AILA member Jennifer Minear discusses ACWIA wages for occupations for which ACWIA data is unavailable and explains how her firm has chosen to handle these unclear situations by filing two sets of LCAs. For more information, purchase AILA’s Business Immigration: Law & Practice.
  • 10/14/2014 AILA Philadelphia Chapter EOIR Liaison Meeting Minutes (9/1/14) (.pdf 506 KB) Minutes from a liaison meeting with EOIR on September 2014, topics include: EOIR-42B, defensive asylum applications, and “rocket dockets” and the Juvenile Docket.
    AILA Doc. No. 14101441.
  • 10/14/2014 Hanging a Shingle or Improving an Already Hanging Shingle
    New Members Division steering committee members share their experiences in the world of immigration law. Whether you are going solo, establishing an immigration practice within a large multi-practice firm, becoming a shareholder, or developing a niche practice, this podcast has something for you.
    AILA Doc. No. 14101440.
  • 10/14/2014 Daily Immigration News Clips – October 14, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 14, 2014.
  • 10/10/2014 Your AILA8 for October 10, 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. 14101049.
  • 10/10/2014 GAO Report on Immigration Detention (.pdf 1651 KB) GAO October 2014 report on costs, standards, and oversight across different types of ICE detention facilities, finding that ICE does not have complete data for managing detention costs and standards across facilities and facility types.
    AILA Doc. No. 14101048.
  • 10/10/2014 CA9 Says NACARA Seven-Year Good Moral Character Period Ends on Filing Date (.pdf 565 KB) The court held that an application for special rule cancellation of removal under §203 of NACARA is not a continuing application, and that the seven-year period during which good moral character is required ends on the date of the filing of the application. (Aragon v. Holder, 10/2/14)
    AILA Doc. No. 14101047.
  • 10/10/2014 CA11 Says Florida Aggravated Fleeing Is an Aggravated Felony (.pdf 501 KB) The court denied the petition for review, upholding the BIA’s finding that the petitioner’s conviction for aggravated fleeing under Florida statue §316.1935(4)(a) was an aggravated felony and thus was deportable under INA §237(a)(2)(A)(iii). (Dixon v. Att’y Gen., 10/1/14)
    AILA Doc. No. 14101046.
  • 10/10/2014 BIA Holds Vacated Criminal Conviction Not an “Admission” of Controlled Substance Violation
    Unpublished BIA decision terminates proceedings against returning LPR upon finding a prior drug conviction that was subsequently vacated did not constitute an “admission” of a controlled substance violation. Special thanks to IRAC. (Matter of Martinez, 7/30/14)
    AILA Doc. No. 14101045.
  • 10/10/2014 BIA Finds LPR Did Not Abandon Status or Deliberately Misreport Length of Prior Trips Abroad
    Unpublished BIA decision finds DHS did not prove the respondent intended to abandon his LPR status by taking numerous lengthy trips to Yemen or that he deliberately misreported the length of his trips on a prior naturalization application. Special thanks to IRAC. (Matter of Ahmed, 7/29/14)
    AILA Doc. No. 14101044.
  • 10/10/2014 Practice Alert: EOIR Update on FY2015 Suspension/Non-LPR Cancellation Cap
    EOIR has advised AILA that the 4,000 cancellation grants available in FY2015 will likely be exceeded by the decisions currently held in reserve. Because of this, immigration judges have been instructed to continue to follow the procedures set forth in OPPM 12-01.
    AILA Doc. No. 14101043.
  • 10/10/2014 AILA/USCIS Field Operations Liaison Q&As (10/9/14) (.pdf 768 KB) USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings, Matter of Arrabally/Yerrabelly, processing time reports, and availability of InfoPass appointments.
    AILA Doc. No. 14101041.
  • 10/10/2014 AILA DOS Liaison Q&As (10/9/14) (.pdf 911 KB) DOS responses to AILA/DOS liaison Q&As, which address questions relating to administrative processing, PIMS, renunciation of U.S. citizenship or LPR status, Mission Australia, J-1 issues, visa revocations, B-2 visas, CCD delay, LGBT I-129Fs, and endorsement of the I-129S for blanket L cases.
    AILA Doc. No. 14101042.
  • 10/10/2014 AILA/USCIS HQ Liaison Q&As (10/9/14) (.pdf 1114 KB) Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.
    AILA Doc. No. 14101040.
  • 10/10/2014 Daily Immigration News Clips – October 10, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 10, 2014.
  • 10/10/2014 Did You Miss the AILA Audio Seminar on Waivers?
    Did you miss the recent AILA audio seminar on INA §237(a)(1)(H) waivers? Learn who qualifies, how to avoid pitfalls on discretionary decisions, what grounds can be waived, and more! You can purchase the downloadable recording and listen anytime that is convenient.
  • 10/9/2014 Your AILA8 for October 9, 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. 14100952.
  • 10/9/2014 Visa Bulletin for November 2014 (.pdf 135 KB) DOS Visa Bulletin for November 2014. There is slight forward movement in most categories, except employment-based second preference India, which retrogressed from 5/1/09 to 2/15/05. Also included are notes on potential visa availability in the coming months.
    AILA Doc. No. 14100951.
  • 10/9/2014 Can a Little Daydreaming Actually Be Good For Productivity?
    We have all been guilty of being bored at work and have all experienced the random thoughts that our boredom often conjures up. But did you know that these thoughts, our daydreams, can actually heighten our sense of creativity? Learn to channel these daydreams into something more productive.
    AILA Doc. No. 14100950.
  • 10/9/2014 USCIS Comment Request on Form I-698
    USCIS 30-day notice of request for comments on Form I-698, Application to Adjust Status from Temporary to Permanent Resident, used by individuals filing under the amnesty program provisions of IRCA. Comments are due by 11/5/14. (79 FR 60180, 10/6/14)
    AILA Doc. No. 14100949.
  • 10/9/2014 DOS Consular Affairs/Visa Office Organization Chart (.pdf 562 KB) Organization chart for the DOS Consular Affairs/Visa Office department (CA/VO).
    AILA Doc. No. 14100948.
  • 10/9/2014 BIA Finds IJ Failed to Advise Respondent of Eligibility for Voluntary Departure
    Unpublished BIA decision remands record upon finding IJ committed legal error by failing to advise the respondent of his eligibility to apply for post-conclusion voluntary departure. Special thanks to IRAC. (Matter of Banos, 7/28/14)
    AILA Doc. No. 14100947.
  • 10/9/2014 BIA Terminates Proceedings Against Respondent Accused of Cocaine Possession
    Unpublished BIA decision terminates proceedings against respondent convicted of drug possession because the lab report finding the substance was cocaine was not relied upon by the criminal court. Special thanks to IRAC. (Matter of Perez Flores, 7/28/14)
    AILA Doc. No. 14100946.
  • 10/9/2014 Register for the December 1 New York Chapter Symposium
    The immigration process can sometimes feel like an endless journey, slowed by delays and detours. Through the sessions, networking opportunities, and New York-specific tips and information, this conference maps out possible routes and offers tools to help you chart the right course. Register today.
  • 10/9/2014 Did You Miss the AILA Audio Seminar on Employment-Based Consular Appointments
    Did you miss AILA’s audio seminar on employment-based appointments in China, India, and the Philippines? Receive updates on consular processing trends, considerations for Hs and Blanket Ls in India and overcoming immigrant intent in the Philippines! You can download the recording and listen anytime.
  • 10/9/2014 EB-5 Processing Time Report (10/7/14) (.pdf 544 KB) EB-5 Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14100945.
  • 10/9/2014 National Benefits Center Processing Time Report (10/7/14) (.pdf 553 KB) NBC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14100944.
  • 10/9/2014 Vermont Service Center Processing Time Report (10/7/14) (.pdf 604 KB) VSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14100943.
  • 10/9/2014 Texas Service Center Processing Time Report (10/7/14) (.pdf 591 KB) TSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14100942.
  • 10/9/2014 Nebraska Service Center Processing Time Report (10/7/14) (.pdf 597 KB) NSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14100941.
  • 10/9/2014 California Service Center Processing Time Report (10/7/14) (.pdf 629 KB) CSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14100940.
  • 10/9/2014 Daily Immigration News Clips – October 9, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 9, 2014.
  • 10/8/2014 Your AILA8 for October 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. 14100850.
  • 10/8/2014 USCIS Comment Request on USCIS Electronic Payment Processing
    USCIS 60-day notice of request for comments on USCIS electronic payment processing. Comments are due by 12/8/14. (79 FR 60488, 10/7/14)
    AILA Doc. No. 14100847.
  • 10/8/2014 BIA Finds Salvadoran Respondent a Flight Risk but Sets Bond at $5,000 (.pdf 702 KB) Unpublished BIA decision sustaining appeal and ordering respondent released on $5,000 bond, finding that although a flight risk, evidence of a fixed address, significant family ties in the U.S., and asylum claim provided incentive to appear at future proceedings. Courtesy of Ivan Yacub.
    AILA Doc. No. 14100846.
  • 10/8/2014 USCIS Invitation to P-1A Nonimmigrant Visa Classification Listening Session (.pdf 581 KB) USCIS invitation to a stakeholder listening session on 10/15/14 regarding the P-1A Internationally Recognized Athlete nonimmigrant visa classification, including feedback on league-specific issues related to Form I-129 adjudication. Registration information included.
    AILA Doc. No. 14100845.
  • 10/8/2014 Celebrate National Pro Bono Week in Your Chapter: October 19 to October 25
    The ABA’s Annual Celebrate Pro Bono Week is an important vehicle for broadening services for poor and vulnerable people. AILA chapters are encouraged to participate locally in order to advance our goal of improving access to justice for the communities we serve as immigration legal professionals.
    AILA Doc. No. 14100849.
  • 10/8/2014 AILA Notes from SCOPS Teleconference (9/24/14) (.pdf 775 KB) AILA notes from a teleconference with SCOPS on 9/24/14. Topics include pre-adjudication of adjustment applications, RFEs for marriage and birth certificates, EAD processing times for Forms I-817, DACA renewal processing times, H-1B cap exemptions, EB-1-1 RFEs, and Matter of Lee.
    AILA Doc. No. 14100844.
  • 10/8/2014 BIA Reverses Discretionary Denial of Voluntary Departure
    Unpublished BIA decision reverses discretionary denial of voluntary departure upon finding respondent’s criminal record outweighed by his 14-year presence, 21-year-old U.S. citizen stepson, and activeness in his religious community. Special thanks to IRAC. (Matter of Figueiredo, 7/23/14)
    AILA Doc. No. 14100842.
  • 10/8/2014 CA2 Says Asylum Applicant Is Not Required to Establish Nationality Through Documentary Evidence Alone (.pdf 570 KB) The court vacated and remanded with instructions to review the IJ’s adverse credibility finding, and that the BIA erroneously required the petitioner, who claimed he was a stateless Tibetan born in Nepal, to prove his nationality through documentary evidence alone. (Urgen v. Holder, 10/2/14)
    AILA Doc. No. 14100843.
  • 10/8/2014 BIA Orders Further Consideration of Adjustment Application After Submission of Evidence on Appeal
    Unpublished BIA decision remands for further consideration of adjustment application after respondent submits affidavit of support (Form I-864) and medical exam (Form I-693) while appeal was pending. Special thanks to IRAC. (Matter of Moung, 7/18/14)
    AILA Doc. No. 14100841.
  • 10/8/2014 OSC Settles Lawsuit Against Texas Bus Company for H-2B Hiring Practices (.pdf 767 KB) OSC settlement agreement with Autobuses Ejecutivos LLC, a bus company based in Houston, Texas, for discriminating against U.S. workers by preferring to hire workers on temporary H-2B visas for its bus driver positions.
    AILA Doc. No. 14100840.
  • 10/8/2014 Daily Immigration News Clips – October 8, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 8, 2014.
  • 10/7/2014 Alcohol Abuse: Is Your Client Inadmissible?
    In the October 2014 VOICE, AILA member Laurel Scott discusses issues concerning alcohol abuse and waivers of inadmissibility. For more guidance, purchase “Cleaning Up the Mess: Tools for Seeking Waivers.”
  • 10/7/2014 Your AILA8 for October 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. 14100749.
  • 10/7/2014 AILA Quicktake #101: DACA Recipients and MAVNI
    AILA member Margaret Stock discusses the limitations to the Department of Defense's announcement to open its Military Accessions Vital to the National Interest program (MAVNI) to DACA recipients.
    AILA Doc. No. 14100748.
  • 10/7/2014 CA7 Upholds BIA’s Approach in Matter of Rodriguez-Rodriguez (.pdf 649 KB) The court upheld the BIA’s analysis using as a guide the definition of “sexual abuse” in 18 U.S.C. §3509(a)(8) rather than in 18 U.S.C. §2243(a) to find that petitioner’s violation of California Penal Code §261.5(c) involved “sexual abuse of a minor.” (Velasco-Giron v. Holder, 9/26/14)
    AILA Doc. No. 14100747.
  • 10/7/2014 CA7 Denies Consolidated Petition for Review (.pdf 813 KB) The court denied the consolidated petition for review, finding that the petitioner did not demonstrate that the IJ or BIA legally erred or denied him due process. (Antia-Perea v. Holder, 9/25/14)
    AILA Doc. No. 14100746.
  • 10/7/2014 Your AILA8 for October 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. 14100659.
  • 10/7/2014 Submit Your Examples of Problematic Nonimmigrant Worker Petition RFEs and Denials
    In preparation for an upcoming AILA liaison meeting, AILA is looking for examples of problematic nonimmigrant RFEs and denials issued in 2014. Submit your examples today!
    AILA Doc. No. 14100744.
  • 10/7/2014 FY2014 H-2B Cap Count (Updated 10/7/14)
    As of 10/3/14, USCIS receipted 8,857 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This count includes 7,222 approved and 1,635 pending beneficiaries. Information on the second half of FY2014 is also available.
    AILA Doc. No. 13100840.
  • 10/7/2014 DOL Alert on Extension of Staggered Crossing for Seafood Industry H-2B Workers (.pdf 511 KB) DOL alert that the provision permitting staggered entry of H-2B workers employed in the seafood industry under certain conditions has been extended from 9/30/14 to 12/11/14. No staggered entry of H-2B workers will be permitted after 12/11/14 absent further legislative extensions.
    AILA Doc. No. 14100742.
  • 10/7/2014 CA1 Affirms Grants of Habeas Corpus Relief for Two Petitioners (.pdf 514 KB) The court concluded that petitioners were not subject to mandatory detention under INA §236(c) and were entitled to an individualized bail hearing under INA §236(a), because petitioners were not timely detained under any reasonable interpretation of INA §236(c). (Castañeda v. Souza, 10/6/14)
    AILA Doc. No. 14100740.
  • 10/7/2014 AILA Leadership Blog: Karnes is a Disgrace
    AILA Member and Karnes Volunteer Geoffrey A. Hoffman writes he is angry at “an administration that purports to be for immigration reform and human rights while jailing these families... And I’m committed to doing what I can to help, and I hope you will too.”
  • 10/7/2014 Daily Immigration News Clips – October 7, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 7, 2014.
  • 10/6/2014 USCIS Webinar on Immigration Relief for Victims of Human Trafficking and Other Crimes (.pdf 758 KB) USCIS invitation to a 10/15/14 webinar to discuss relief options available to victims of human trafficking, domestic violence, and other serious crimes. Subject matter experts will provide an overview and be available to answer questions. Registration information included.
    AILA Doc. No. 14041046.
  • 10/6/2014 Call for Examples: SIJS Cases Where USCIS Questions the Dependency Order
    The AILA USCIS Field Operations Liaison Committee requests Special Immigrant Juvenile Status (SIJS) case examples in which USCIS is re-adjudicating or questioning the dependency order issued by the State Court in an RFE, NOID, and/or denial. Submit your case example today!
    AILA Doc. No. 14100653.
  • 10/6/2014 CA2 Says BIA Did Not Err in Denying Suppression Motion or Asylum (.pdf 708 KB) The court held that because the petitioner voluntarily conceded his removability in a motion to change venue, the BIA did not err in denying the suppression motion, and also did not err in denying the asylum application. (Vanegas-Ramirez v. Holder, 9/25/14)
  • 10/6/2014 Artesia Pro Bono Project
    We continue to seek volunteer attorneys and support staff to help the women and children in Artesia, NM and in Karnes, TX. To facilitate these important efforts, AIC in cooperation with AILA, now accepts tax-deductible donations to support the volunteers’ work in Artesia.
    AILA Doc. No. 14100655.
  • 10/6/2014 USCIS Guidance on Immediate Family Members in Credible Fear Process (.pdf 598 KB) USCIS memo from John Lafferty, Chief of the Asylum Division, with guidance on who is considered an immediate family member in the credible fear process, credible fear determination for immediate family members, and linking related family members in the Asylum Pre-Screening System.
    AILA Doc. No. 14100652.
  • 10/6/2014 HHS Chart on General Statistics about UACs (.pdf 563 KB) HHS chart on general statistics about the gender and country of origin of UACs for FY2012 and FY2013 and UAC referrals from FY2003-FY2014.
    AILA Doc. No. 14100651.
  • 10/6/2014 HHS Fact Sheet on ORR UAC Program (.pdf 553 KB) HHS Administration for Children and Families, Office of Refugee Resettlement (ORR) May 2014 fact sheet on its Unaccompanied Alien Children (UAC) program, including the number of children served and services provided.
    AILA Doc. No. 14100650.
  • 10/6/2014 AILA Quicktake 100: Celebrating 100
    AILA's Executive Director Crystal Williams, AILA President Leslie Holman, AILA Secretary Marketa Lindt and other AILA members celebrate the 100th Quicktake and share why the series is important to them.
    AILA Doc. No. 14100649.
  • 10/6/2014 District Court Awards Damages and Attorney’s Fees to Plaintiff in Affidavit of Support Case (.pdf 580 KB) The court granted the motion for summary judgment in favor of the plaintiff and awarded attorney’s fees, finding that the defendant entered into an enforceable contract when he signed the Form I-864 affidavit and that he owed the plaintiff $11,448.74 in past support. Courtesy of Jeff Kilmark.
    AILA Doc. No. 14100648.
  • 10/6/2014 USCIS Releases myE-Verify, a New Website for Employees (.pdf 510 KB) USCIS press release on the launch of myE-Verify, a new website that allows employees and job seekers to set up personal accounts, use Self Lock, and access employment eligibility verification resources. myE-Verify accounts are currently accessible by individuals in AZ, ID, CO, MI, VA, and D.C.
    AILA Doc. No. 14100647.
  • 10/6/2014 DOS Final Rule with Amendments to the Exchange Visitor Program Rules
    DOS final rule with request for comments on amendments to the general rules covering the Exchange Visitor Program that governs the designation of sponsors and the overall administration of the Program. Comments are due by 12/5/14 and the effective date is 1/5/15. (79 FR 60294, 10/6/14)
    AILA Doc. No. 14100646.
  • 10/6/2014 Immigration Law Advisor, September 2014 (Vol. 8, No. 7) (.pdf 836 KB) The September 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on assessing the government’s inability or unwillingness to control private persecution, circuit court decisions for August 2014, recent BIA precedent decisions, and a regulatory update.
    AILA Doc. No. 14100645.
  • 10/6/2014 EOIR’s Uniform Docketing System Manual (.pdf 19903 KB) EOIR’s Office of the Chief Immigration Judge issued the Uniform Docketing System Manual, dated December 2013, detailing the case processing system that governs the management of all cases in the Immigration Court.
    AILA Doc. No. 14100644.
  • 10/6/2014 USCIS Office Closings for 2014 (Updated 10/6/14)
    USCIS alert that the Saipan and Guam USCIS offices are closed today due to Typhoon Vongfong.
    AILA Doc. No. 14010660.
  • 10/6/2014 USCIS Invitation to NSC Teleconference on Refugee and Asylee Issues (Updated 10/6/14)
    USCIS invitation to a 10/9/14 NSC teleconference on refugee and asylee issues. Registration information included.
    AILA Doc. No. 14091651.
  • 10/6/2014 CIS Ombudsman Invitation to Fourth Annual Conference (.pdf 799 KB) The Office of the CIS Ombudsman invites stakeholders to its Fourth Annual Conference, titled “Government and Stakeholders Working Together to Improve Immigration Services,” on 11/6/14 at the National Archives. Registration information included.
    AILA Doc. No. 14100643.
  • 10/6/2014 Call for Examples: Delayed Production and Delivery of Legal Permanent Resident Cards
    AILA Liaison seeks examples of cases where clients entered the United States on an immigrant visa at least six months ago, and have not yet received their permanent resident cards. Please send us your examples by 10/31/14.
    AILA Doc. No. 14100642.
  • 10/6/2014 Third DHS OIG Memo on Site Visits for UACs in DHS Custody (.pdf 1178 KB) DHS OIG released a memo on site visits performed between 8/21/14 and 9/26/14 of detention facilities for UACs. Report states that CBP has improved medical screening, facility cleaning, food service, and case processing but improvements are still needed in training, policies, and procedures.
    AILA Doc. No. 14100641.
  • 10/6/2014 Daily Immigration News Clips – October 6, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 6, 2014.
  • 10/6/2014 AILA: Obama Talks Big on Immigration Reform, But is Not Delivering
    AILA President Leslie Holman responds to two recent announcements from the Obama Administration regarding the Military Accessions Vital to National Interest (MAVNI) program and a plan to allow young children from Central American countries to apply for refugee status from outside the U.S.
    AILA Doc. No. 14100640.

 
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