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.

Purchase your copy today!

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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Perform Smarter Legal Research—For Free!

Access decisions of the U.S. Supreme Court, federal circuit and district courts, the BIA, and the U.S. bankruptcy courts as part of your membership benefits. Just click on the Fastcase logo.

Navigate the Consular Maze

The Consular Practice Handbook, 2012 Edition, offers practical analysis and guidance to help you avoid hidden traps in consular processing. It covers I-601 waivers, PIMS, advisory opinions, DV lottery, and more. Get your copy today!

Reaching out to Media

Have a great story idea you want to pitch to reporters? Want to talk to someone about how to work with the press? Check out the Press Room for recent statements and ask AILA’s Communications Team for advice and guidance. We’ll be happy to help!

Immigration Quicktakes

AILA Immigration Quicktakes are short news clips on the most up-to-date and relevant issues in immigration. AILA staff interviews leading experts in the field to summarize complex issues and overview key points in breaking news.

Recent Postings

  • 10/1/2014 Your AILA8 for October 1, 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. 14100149.
  • 10/1/2014 Call for Examples: 2014 L-1B RFEs and Denials (Updated 10/1/14)
    AILA is seeking examples of L-1B petition RFEs and denials issued in 2014. Please send us your examples by October 17, 2014.
    AILA Doc. No. 14030544.
  • 10/1/2014 AILA Monthly Calendar of Events: October 2014 (.pdf 335 KB) Get connected to the AILA community with the AILA Monthly Calendar of Events. The calendar features national conferences and seminars, local chapter events, government stakeholder engagements, and more!
  • 10/1/2014 VOICE: October 2014
    In the October 2014 VOICE, learn about the effect of Matter of Chairez on foreigners facing removal for a crime, issues concerning alcohol abuse and waivers of inadmissibility, one attorney’s path to starting her practice out of law school, the benefits of AILA’s Mentor Program, and more!
    AILA Doc. No. 14100148.
  • 10/1/2014 Immigration Court Practice Manual Updates Appendix A (.pdf 473 KB) On 9/30/14, the Office of the Chief Immigration Judge updated Appendix A of the Immigration Court Practice Manual to reflect the closing of the El Centro Immigration Court.
    AILA Doc. No. 14100147.
  • 10/1/2014 GMS International Lawyers List (Updated 10/1/14) (.pdf 140 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.
  • 10/1/2014 DHS Annual Report on Immigration Enforcement Actions During 2013 (.pdf 636 KB) DHS Annual Report from the Office of Immigration Statistics on immigration enforcement actions taken during 2013. Report includes a description of the immigration enforcement process and apprehension and inadmissibility data, as well as trends and characteristics of enforcement actions.
    AILA Doc. No. 14100146.
  • 10/1/2014 Did You Miss the AILA Web Seminar on Playing the Visa Bulletin Lotto?
    Did you miss the recent AILA web seminar on Visa Bulletins? Listen as the panel of experts discuss the mechanics and pitfalls of filing an I-140 in multiple categories, marriage and cross chargeability, and more. You can purchase the downloadable recording and listen anytime that is convenient.
  • 10/1/2014 CSC Stakeholders Newsletter, First Quarter FY2015 (.pdf 1419 KB) The CSC newsletter for the first quarter of FY2015, including best practices for family-based petitions, a save-the-date for an October listening session on P-1A internationally recognized athletes, and a reminder of the H-1B filing tips and religious worker teleconference on 10/9/14.
    AILA Doc. No. 14100145.
  • 10/1/2014 BIA Vacates Stipulated Removal Order
    Unpublished BIA decision vacates stipulated removal order because IJ did not address whether waiver of hearing was voluntary, knowing, and intelligent, citing 8 CFR 1003.25(b). Special thanks to IRAC. (Matter of Aquino, 7/8/14)
    AILA Doc. No. 14100144.
  • 10/1/2014 Presidential Determination on Refugee Admissions for FY2015 (.pdf 521 KB) The White House released a presidential memorandum on refugee admission, allowing the admission of up to 70,000 refugees for FY2015. The memo indicates that individuals from Honduras, Guatemala, and El Salvador may be considered refugees within their countries of nationality or habitual residence.
    AILA Doc. No. 14100142.
  • 10/1/2014 BIA Holds Florida Burglary Not a Categorical CIMT
    Unpublished BIA grants motion to reconsider and holds burglary under Fla. Stat. 810.02(2)(a) is not categorical CIMT because certain subsections do not require the structure to be occupied at the time of the breaking. Special thanks to IRAC. (Matter of Reyes, 7/8/14)
    AILA Doc. No. 14100143.
  • 10/1/2014 District Court Reaffirms that ICE Detainers Are Not Mandatory (.pdf 526 KB) The district court in Illinois cited Galarza v. Szalczyk to rule that local law enforcement offices should not consider ICE detainers issued pursuant to 8 CFR §287.7 as mandatory. (Moreno v. Napolitano, 9/29/14)
    AILA Doc. No. 14100141.
  • 10/1/2014 USCIS Filing Procedures for Liberians Eligible for Deferred Enforced Departure
    USCIS notice with filing procedures for employment authorization and automatic extension of existing employment authorization documents for Liberians eligible for deferred enforced departure after DED was extended for an additional 24 months (through 9/30/16). (79 FR 59286, 10/1/14)
    AILA Doc. No. 14100140.
  • 10/1/2014 Daily Immigration News Clips – October 1, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 1, 2014.
  • 9/30/2014 AILA Quicktake #99: U-Visa Certifications
    AILA member Graham Bateman shares her experience in Alexandria, Louisiana, where there has been change in how police interact with the local Hispanic community on the issue of U-Visas.
    AILA Doc. No. 14093048.
  • 9/30/2014 Your AILA8 for September 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. 14093047.
  • 9/30/2014 Docketing Practices Relating to Unaccompanied Children in Light of New Priorities (.pdf 574 KB) EOIR 9/10/14 memorandum to IJs addressing concerns related to continuances to obtain representation, adjournments for other reasons, and appearances by custodians, in light of docketing changes relating to unaccompanied children.
    AILA Doc. No. 14093045.
  • 9/30/2014 2014 AILA Central Florida Chapter Annual Conference (Updated 9/30/14)
    Basics and Beyond at the Beach
    October 17-18, 2014
    Hyatt Regency Clearwater Beach Resort and Spa
    Clearwater Beach, Florida
  • 9/30/2014 AILA Resources on Detention (Updated 9/30/14)
    Resources related to detention conditions and policy, including legislation, press statements, and hearings.
    AILA Doc. No. 12011164.
  • 9/30/2014 2014 AILA Washington D.C. Chapter Fall Conference
    October 22, 2014
    Univ. of Maryland Shady Grove Conference Center
    Rockville, MD
    This event is being presented by AILA’s Washington D.C. Chapter. This event is not being organized by the AILA National Office.
  • 9/30/2014 AILA Leadership Blog: A Look Into Karnes
    Ruby Powers, an AILA member, recently volunteered at the Karnes family detention center; this blog post highlights some of what she saw there and ends with a call for volunteers and her promise, “I guarantee that you will not regret the time you spend helping these families.”
  • 9/30/2014 Nevada Chapter: USCIS Liaison Meeting Minutes (1/22/14) (.pdf 592 KB) Nevada Chapter liaison minutes from meeting with USCIS Las Vegas on 1/22/14. Topics include: field office staffing and training, biometrics, remand of adjustment of status cases from ICE, documentation of conditional permanent resident status, parole-in-place, and processing times.
    AILA Doc. No. 14093043.
  • 9/30/2014 2014 AILA Colorado Chapter Rocky Mountain Immigration Law Update (Update 9/30/14)
    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.
  • 9/30/2014 San Diego Chapter – SSA/DMV Liaison Meeting Minutes (9/12/14) (.pdf 471 KB) San Diego Chapter’s SSA/DMV Subcommittee minutes from meeting with SSA Community Liaison Yolanda York on 9/12/14. Topics include: subcommittee goals, requirements to apply for a SSN, normal processing time and follow up process, and process if applicants are having difficulty obtaining a SSA card.
    AILA Doc. No. 14093040.
  • 9/30/2014 DOS Announcement on 2016 Diversity Visa Program (.pdf 687 KB) DOS announcement that the 2016 Visa Program (DV-2016) will open at noon (EDT) on 10/1/14, and will close at noon (EST) on 11/3/14. Applicants must submit entries electronically during the registration period using the electronic DV entry form (E-DV) at dvlottery.state.gov.
    AILA Doc. No. 14093041.
  • 9/30/2014 Daily Immigration News Clips – September 30, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 30, 2014.
  • 9/29/2014 Your AILA8 for September 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. 14092948.
  • 9/29/2014 CA6 Dismisses Motion to Reopen for Lack of Jurisdiction (.pdf 554 KB) The court found it lacked jurisdiction to review the BIA’s denial of the petitioner’s second motion to reopen because of humanitarian factors, finding that the exercise of the BIA’s sua sponte authority was discretionary and not subject to judicial review. (Rais v. Holder, 9/16/14)
    AILA Doc. No. 14092947.
  • 9/29/2014 CA1 Affirms Denial of Motion to Reopen (.pdf 467 KB) The court found the BIA did not abuse its discretion in denying the motion to reopen, finding petitioner was ineligible for adjustment as he did not voluntarily depart when required and he did not comply with ineffective assistance of counsel requirements. (Taveras-Duran v. Holder, 9/23/14)
    AILA Doc. No. 14092946.
  • 9/29/2014 Central Florida Chapter – Orlando USCIS Liaison Minutes (9/23/14) (.pdf 829 KB) Central Florida Chapter liaison minutes from Orlando USCIS meeting on 9/23/14. Topics include: ASC walk-in policy, foreign country divorces, withdrawal of an I-130 in response to a NOID, I-485 interviews, jurisdiction of Orlando and Jacksonville USCIS offices, and congressional inquiry responses.
    AILA Doc. No. 14092944.
  • 9/29/2014 AIM: President Leslie Holman Discusses the 2014/2015 Term
    For September's AILA Interview of the Month (AIM), AILA President Leslie Holman discusses her goals for the 2014/2015 term.
    AILA Doc. No. 14092943.
  • 9/29/2014 Welcome New Members
    AILA would like to welcome its newest members.
    AILA Doc. No. 11123049.
  • 9/29/2014 CBP Integrity and Personal Accountability Strategy (.pdf 621 KB) CBP Integrity and Personal Accountability Strategy, outlining for all CBP employees a set of goals and objectives for CBP to implement comprehensive programs designed to prevent, detect, investigate, and respond to instances of corruption and misconduct across all levels in the agency.
    AILA Doc. No. 14092942.
  • 9/29/2014 BIA Says Menacing in Oregon Is a CIMT (.pdf 1129 KB) Unpublished BIA decision dismissing appeal and concluding that menacing in violation of §163.190 of the Oregon statute is categorically a crime involving moral turpitude (CIMT) and respondent is ineligible for cancellation of removal under §240(A)(b). Courtesy of Diana M. Bailey.
    AILA Doc. No. 14092902.
  • 9/29/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 9/29/2014 PL 113-160 Emergency Afghan Allies Extension Act 2014 (.pdf 202 KB) Public Law 113-160 signed on 8/8/14 by President Obama amending the Afghan Allies Protection Act of 2009 to increase by 1,000 the number of Afghan special immigrant visas available in FY2014.
    AILA Doc. No. 14092940.
  • 9/29/2014 Letter from AILA Chapters to the Obama Administration on the Need for Children and Families to Receive Due Process (.pdf 557 KB) All of AILA’s U.S.-based chapters signed on to this open letter which calls for the Obama Administration to immediately review its current inhumane and unconstitutional detention and removal policies towards children and families with children.
    AILA Doc. No. 14092900.
  • 9/29/2014 ICE Request for Comments on Form I-901
    ICE 60-day notice for comments on proposed revisions to the Fee Remittance for Certain F, J, and M Nonimmigrants (Form I-901). DHS collects a fee not to exceed $200 from nonimmigrant foreign students and exchange visitors. Comments are due by 11/24/14. (79 FR 57565, 9/25/14)
    AILA Doc. No. 14092901.
  • 9/29/2014 CA11 Says Beneficiary of Approved I-140 Has Standing to Challenge I-140 Revocation (.pdf 510 KB) The court vacated and remanded, holding that an alien who is the beneficiary of an approved I-140, has applied for adjustment of status, and ported under INA §204(j), has standing to challenge the revocation of an I-140 petition. (Kurapati v. USCIS, 9/22/14)
    AILA Doc. No. 14092964.
  • 9/29/2014 USCIS Comment Request on Form I-690
    USCIS 60-day notice of a request for comments on proposed revisions to the Application for Waiver of Grounds of Excludability (Form I-690). Comments are due by 11/18/14. (79 FR 56384, 9/19/14)
    AILA Doc. No. 14092963.
  • 9/29/2014 CA11 Says Silence in DOS Reports Cannot Rebut Evidence of Torture of Returned Asylum Seekers (.pdf 510 KB) The court vacated and remanded the 2013 order of removal, concluding that the silence in the DOS Country Reports could not, without more, rebut evidence presented that petitioner would suffer persecution as a failed asylum seeker if returned to Sri Lanka. (Gaksakuman v. Att’y Gen., 9/18/14)
    AILA Doc. No. 14092941.
  • 9/29/2014 CA9 Says CA Attempted Arson Is an Aggravated Felony (.pdf 571 KB) The court held a conviction for attempted arson in violation of California Penal Code §455 constituted an aggravated felony and the additional element in the federal explosive materials statute is a purely jurisdictional element which must be disregarded. (Sandoval-Gomez v. Holder, 9/22/14)
    AILA Doc. No. 14092962.
  • 9/29/2014 USCIS Notice of CNMI-Only Transitional Worker Numerical Limitation for FY2015
    USCIS notice of the annual fiscal year numerical limitation for the Commonwealth of the Northern Mariana islands (CNMI)-only Transitional Worker (CW-1) nonimmigrant classification for FY2015. Notice is effective as of 9/29/14. (79 FR 58241, 9/29/14)
    AILA Doc. No. 14092961.
  • 9/29/2014 Deferred Enforced Departure Extended for Eligible Liberians in the U.S. (.pdf 558 KB) USCIS press release announcing that it will automatically extend EADs for Liberian nationals covered under Deferred Enforced Departure (DED) through 3/30/15 due to DED being extended through 9/30/16 for qualified Liberians.
    AILA Doc. No. 14092960.
  • 9/29/2014 Daily Immigration News Clips – September 29, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 29, 2014.
  • 9/26/2014 Your AILA8 for September 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. 14092645.
  • 9/26/2014 CRS Report on Iraqi and Afghan Special Immigrant Visa Programs (.pdf 775 KB) Congressional Research Service (CRS) report on special immigrant visa programs for Iraqis and Afghans who have worked for the U.S. as translators or interpreters, including analysis of challenges involving application processing and screening.
    AILA Doc. No. 14092644.
  • 9/26/2014 Practice Alert: Duplicate Biometrics Appointment Notices (Updated 9/26/14)
    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.
  • 9/26/2014 Call for Examples: Matter of Symantec Denials
    AILA's DOL Liaison Committee is seeking examples of PERM applications that were improperly denied based on non-compliance with 20 CFR §656.17(f) as per the recent BALCA en banc decision Matter of Symantec Corp, 7/30/14. Submit your example today!
    AILA Doc. No. 14092600.
  • 9/26/2014 VSC Stakeholders Newsletter, Summer 2014 (.pdf 834 KB) Vermont Service Center (VSC) stakeholders newsletter for summer 2014, providing TPS filing tips, a message from VSC Director Laura Zuchowski, a reminder to provide apartment numbers with return addresses, and a reminder of the 10/24/14 VSC stakeholder event.
    AILA Doc. No. 14092646.
  • 9/26/2014 SEVP Draft Guidance on Pathway Programs (.pdf 579 KB) ICE Student and Exchange Visitor Program (SEVP) requests feedback on draft policy guidance clarifying for SEVP adjudicators the appropriate adjudication of pathway programs and issuance of Form I-20. SEVP may only certify these programs for F-1 students. Feedback is being accepted until 11/10/14.
    AILA Doc. No. 14092643.
  • 9/26/2014 USCIS Form I-9 Webinar Now Available On-Demand (.pdf 564 KB) USCIS published a free Form I-9 webinar in on-demand format. This webinar about how to properly complete the Form I-9 is available anytime and you can choose specific chapters or watch the entire 22 minute video.
    AILA Doc. No. 14092642.
  • 9/26/2014 OSC Settles Immigration-Related Employment Discrimination Claim Against Major Airline (.pdf 581 KB) OSC settlement where United Continental Holdings Inc. agreed to pay $215,000 and create a back pay fund, after investigations found it requested lawful permanent residents, but not U.S. citizen employees, to complete additional Forms I-9 and provide additional proof of employment eligibility.
    AILA Doc. No. 14092641.
  • 9/26/2014 Letter to President Obama Opposing Family Detention (.pdf 784 KB) On 9/25/14, AILA joined 167 organizations in urging President Obama to close the Artesia and Karnes detention centers and to halt plans to open a new family detention facility in Dilley, Texas.
    AILA Doc. No. 14092640.
  • 9/26/2014 USCIS Office Closings for 2014 (Updated 9/26/14)
    USCIS alert that the Jackson, Mississippi Field Support Office and Application Support Center are closed due to a facility issue.
    AILA Doc. No. 14010660.
  • 9/26/2014 CA6 Rejects BIA’s Narrow Interpretation of §212(h) (.pdf 547 KB) The court held that the text of §212(h) is unambiguous and that the bar to seeking a §212(h) waiver of inadmissibility does not apply to persons who adjusted to lawful permanent resident status after having entered into the U.S. by inspection. (Stanovsek v. Holder, 9/24/14)
    AILA Doc. No. 14092661.
  • 9/26/2014 Daily Immigration News Clips – September 26, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 26, 2014.
  • 9/26/2014 AILA Quicktake #98: DHS Announcements on Family Detention
    AILA President Leslie Holman discusses the two disturbing announcements made this week by ICE and DHS regarding a new family detention facility in Dilley, Texas, and DHS appealing bond decisions for some mothers and children detained in Artesia, NM.
    AILA Doc. No. 14092660.
  • 9/25/2014 Your AILA8 for September 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. 14092544.
  • 9/25/2014 Register for the October 15 EB-5 Teleconference
    AILA’s first Monthly Conversations with the AILA EB-5 Committee teleconference sold out quickly and answered EB-5 questions from participants. Register now for the October 15 call, sponsored by JuiceBlendz, and get answers to your questions. Registration costs only $15 and is limited.
  • 9/25/2014 2014 AILA Ohio and Michigan Chapters Fall Conference
    October 10, 2014
    Hilton Garden Inn
    Perrysburg, OH
    This event is being presented by AILA’s Ohio and Michigan Chapters. This event is not being organized by the AILA National Office.
  • 9/25/2014 Are You Undercharging for Your Services? Part II
    Last week we discussed how many lawyers limit the value of their own services when discussing fees with clients. So how do you build that confidence to resist the urge to lower your fee? Here are five solutions to help you from deviating from your goal of quoting the fee you know you are worth.
    AILA Doc. No. 14092542.
  • 9/25/2014 NY District USCIS Liaison Inquiry Procedures and Form (2014-15) (.pdf 482 KB) Revised NY District USCIS Liaison Inquiry Procedures and Form (2014-15), including rules, directions, and process for requesting liaison assistance.
    AILA Doc. No. 14092541.
  • 9/25/2014 Chicago Chapter – USCIS Chicago Field Office Minutes – Question 7 Updated Response (9/12/14) (.pdf 475 KB) Chicago Chapter provides an update on Question 7 from the 9/4/14 AILA Chicago Chapter meeting with the Chicago Field Office. Question is regarding the correction of conditional residence for same-sex couples whose date of marriage is now backdated to the date of a previous civil union.
    AILA Doc. No. 14092540.
  • 9/25/2014 Daily Immigration News Clips – September 25, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 25, 2014.
  • 9/25/2014 AILA Leadership Blog: A Shameful Chapter in Our History
    AILA Second Vice President Annaluisa Padilla expresses her disappointment in the Administration’s choice to increase family detention capacity with the new facility at Dilley, TX writing, “We should be ashamed of building more prisons for women and children.”
  • 9/24/2014 Your AILA8 for September 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. 14092446.
  • 9/24/2014 AILA Seeks Examples of H-1B Cap Cases That Have Not Received a Decision or RFE
    AILA is seeking examples of FY2015 H-1B cap-subject cases that have not received a decision and an RFE has not been issued. Please email reports@aila.org with the applicable case receipt number(s) and the subject line “H-1B Cap Case – No RFE/Decision” by COB on Friday September 26, 2014.
    AILA Doc. No. 14092445.
  • 9/24/2014 CA7 Says Knowledge Exception Argument to Material Support Bar Was Not Preserved (.pdf 1458 KB) The court found petitioner failed to preserve his strong argument under §212(a)(3)(B)(iv)(VI) that the BIA erred by assuming that “knowledge of kidnapping and violence is per se sufficient to preclude one from invoking the knowledge exception.” (Khan v. Holder, 9/4/14)
    AILA Doc. No. 14092444.
  • 9/24/2014 DOS Notice with Instructions for Applying to the DV-2016 Program
    DOS notice on how to apply for the Diversity Immigrant (DV-2016) Visa Program. Notice includes information on eligibility, entry period, electronic entry form, selection of applicants, FAQs, and a list of countries/areas by region whose natives are eligible for DV-2016. (79 FR 57172, 9/24/14)
    AILA Doc. No. 14092443.
  • 9/24/2014 BIA Holds California Statutory Rape Not a CIMT
    Unpublished BIA decision holds statutory rape under Cal. Penal Code 261.5(d) is not a CIMT because prosecutors need not show the perpetrator knew or should have known the victim was a minor. Special thanks to IRAC. (Matter of C-A-E-L-, 7/3/14)
    AILA Doc. No. 14092442.
  • 9/24/2014 BIA Issues Decision on Updated Medical Examinations
    Unpublished BIA decision holds respondent was not required to submit an updated medical exam (Form I-693) in support of adjustment application but remands for submission of updated form in light of intervening USCIS guidance. Special thanks to IRAC. (Matter of Teves, 7/1/14)
    AILA Doc. No. 14092441.
  • 9/24/2014 AILA Leadership Blog: Artesia Kaleidoscope
    AILA Member and Artesia Volunteer Marti Jones shares compelling details about her experience working at the Artesia, NM facility writing, “Women and children fleeing violence are refugees, not a national security threat. Imprisoning them is a deeply counter-productive response.”
  • 9/24/2014 Letter to Vice President Biden on Pro Bono Representation (.pdf 591 KB) A 9/19/14 letter from AILA and other legal services organizations urging the Administration to take action to remove impediments to access to counsel for children and families.
    AILA Doc. No. 14092440.
  • 9/24/2014 DOL Alert: iCERT and PERM Unavailable Over Columbus Day Weekend
    DOL alert that all PERM and iCERT System services will be unavailable starting at 9:00PM EST (Friday, October 10th) through at least 9:00PM EST (Saturday, October 11th), barring any unforeseen technical issues.
    AILA Doc. No. 10101531.
  • 9/24/2014 Register for December’s New York Chapter Symposium
    This December 1 conference, to be held in New York City, addresses current issues and problems faced by practitioners in the areas of employment- and family-based immigration, removal, ethics, and law practice management, including issues unique to the Empire State. Register soon.
  • 9/24/2014 Daily Immigration News Clips – September 24, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 24, 2014.
  • 9/23/2014 Your AILA8 for September 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. 14092352.
  • 9/23/2014 AILA: Administration Trying to Drag Mothers and Children Back to Detention
    In response to the Administration appealing bond decisions for some mothers and children released from Artesia, AILA President Leslie Holman stated, “I am utterly outraged by the latest tactics the Obama Administration has used to inflict needless misery on mothers and children seeking asylum.”
    AILA Doc. No. 14092351.
  • 9/23/2014 BIA Says Respondent Is Ineligible for Cancellation of Removal (.pdf 546 KB) The BIA held an alien is ineligible for cancellation under INA §240A(b)(1)(C), if he falls within the scope of INA §212(a)(2)(B), for being convicted of two or more offenses for which the aggregate sentences imposed were five years or more. Matter of Pina-Galindo, 26 I&N Dec. 423 (BIA 2014)
    AILA Doc. No. 14092350.
  • 9/23/2014 CBP Requests Feedback About ESTA (.pdf 931 KB) CBP announcement that it is currently recruiting focus group participants in eight different countries to provide feedback on the Electronic System for Travel Authorization (ESTA) website redesign effort. In-person registration information included.
    AILA Doc. No. 14092349.
  • 9/23/2014 AILA New Members Division E-News, September 2014 (Vol. 6, Issue 4)
    This latest edition brings you expert practice tips related to representing unaccompanied children, acquiring citizenship at birth and ante-nuptial agreements.
    AILA Doc. No. 14092348.
  • 9/23/2014 ICE to Open Additional Facility in South Texas to House Adults with Children (.pdf 555 KB) ICE announcement that it plans to open and operate a new facility in early November in Dilley, Texas to detain adults with children in response to the influx of individuals apprehended along the Southwest border. Facility has capacity for 2,400 individuals.
    AILA Doc. No. 14092347.
  • 9/23/2014 DOS Explanation of Exhaustion of FY2014 Diversity Immigrant Visa Numbers (.pdf 648 KB) DOS announcement explaining how exhaustion of the diversity visas (DVs) for FY2014 works. To ensure all of the available DVs are issued, more than 50,000 entries are selected. However, this also means there will not be a sufficient number of diversity visas for all those who are initially selected.
    AILA Doc. No. 14092344.
  • 9/23/2014 Save the Date: Visa Information Service H-2 Visa Forum (.pdf 550 KB) Visa Information Service save the date email for an H-2 Visa Forum in Dallas, Texas, on October 22, 2014. Official invitation forthcoming.
    AILA Doc. No. 14092346.
  • 9/23/2014 AILA: Expansion of Family Detention Means the United States Will Jail More Victims of Violence
    AILA President Leslie Holman reacts to confirmation that a massive family detention facility will open in Texas saying, “You can call it a ‘Family Residential Center’ but it is a prison. Dilley will be the largest immigration detention facility nationwide—all for the purpose of jailing families.”
    AILA Doc. No. 14092345.
  • 9/23/2014 USCIS Fraud Detection Standard Operating Procedures (.pdf 6197 KB) USCIS Fraud Detection and National Security Directorate’s Standard Operating Procedures (SOP), dated 3/17/11. The purpose of this SOP is to establish procedures that ensure consistent detection, documentation, and prevention of immigration benefit fraud. Obtained through FOIA by Peter Williamson.
    AILA Doc. No. 14092342.
  • 9/23/2014 DOS Instructions for the 2016 Diversity Immigrant Visa Program (.pdf 762 KB) DOS instructions for the 2016 Diversity Immigrant Visa Program, including eligibility requirements, instructions for completing the electronic entry form, and FAQs. Entries must be submitted electronically between noon (EDT) on 10/1/14 and noon (EST) on 11/3/14.
    AILA Doc. No. 14092343.
  • 9/23/2014 Register for November’s California Chapters Conference
    California's immigrant population is the nation’s largest, so practicing immigration law in the Golden State can be challenging and at the vanguard of the field. This November 13–15 conference in San Jose addresses trending immigration law topics and issues specific to California. Register soon.
  • 9/23/2014 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.
  • 9/23/2014 USCIS ELIS Immigrant Fee Payment Guide (Updated 9/23/14) (.pdf 6879 KB) USCIS Electronic Immigration System (ELIS) immigrant fee step-by-step payment guide.
    AILA Doc. No. 14061141.
  • 9/23/2014 Submit Your Questions for the Fall CBP Agenda
    The AILA CBP Liaison Committee is seeking agenda items from all AILA members for its fall liaison meeting with CBP. Please submit your non-case specific questions by 10/10/14.
    AILA Doc. No. 14092341.
  • 9/23/2014 CBP to Hire Additional CBP Officers (.pdf 1123 KB) CBP announcement that it will accept applications for CBP officer positions at air, land, and sea ports of entry on the Southwest border and other select locations. CBP will hire 2,000 additional officers by the end of FY2015.
    AILA Doc. No. 14092340.
  • 9/23/2014 Daily Immigration News Clips – September 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 23, 2014.
  • 9/22/2014 Your AILA8 for September 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. 14092259.
  • 9/22/2014 BIA Says IJ Erred in Denying Continuance and Former Attorney Did Not Act Frivolously (.pdf 749 KB) Unpublished BIA decision remanding and permitting respondent to seek voluntary departure, holding IJ erred in denying request for a continuance, IJ did not err in denying administrative closure, and former attorney did not act frivolously in pursuing these requests. Courtesy of Jordan G. Forsythe.
    AILA Doc. No. 14092258.
  • 9/22/2014 AILA's Take on Asylum for Detained Families (.pdf 899 KB) AILA’s take on the Obama administration’s decision to deny asylum to Central American families fleeing violence.
    AILA Doc. No. 14092257.
  • 9/22/2014 Family Detention Case Examples (.pdf 813 KB) A compilation of case examples of mothers and children detained at the Artesia family detention center.
    AILA Doc. No. 14092256.
  • 9/22/2014 AILA's Take on Family Detention (.pdf 794 KB) AILA calls on the Obama administration to stop the mass detention and rapid deportation of Central American mothers and children in this backgrounder document.
    AILA Doc. No. 14092255.
  • 9/22/2014 AILA's Take on Bond for Detained Families (.pdf 798 KB) AILA backgrounder on the Obama Administration’s decision to denying bond to all Central American families being detained.
    AILA Doc. No. 14092254.
  • 9/22/2014 BIA Holds Voluntary Departure Applicant Deserved Additional Time to Present Passport
    Unpublished BIA decision holds the IJ should have afforded respondent additional time to present his passport and remands record for further consideration of voluntary departure. Special thanks to IRAC. (Matter of Ramos, 6/27/14)
    AILA Doc. No. 14092253.
  • 9/22/2014 IJ Holds Voluntary Departure May be Granted Nunc Pro Tunc
    IJ William Van Wyke issues lengthy decision holding that respondents who left the country prior to appearing in court may receive voluntary departure nunc pro tunc in lieu of an in absentia removal order. Special thanks to IRAC. (Matter of Sanchez-Medina, 6/27/14)
    AILA Doc. No. 14092252.
  • 9/22/2014 USCIS Now Using Blue Ink in Certain Secure Stamps (.pdf 805 KB) USCIS alert that on 7/1/14, it began using blue ink for many of its secure stamps. The older secure red ink was retired and is no longer used by USCIS. Alert includes a list of stamps that will be blue. Employers should be aware of this change when examining employment verification documents.
    AILA Doc. No. 14092251.
  • 9/22/2014 BIA Remands for Application of Realistic Probability Test in Moncrieffe and Duenas-Alvarez (.pdf 205 KB) The BIA held where a state statute covers a substance not included in a federal statute’s generic definition, there must be a realistic probability that the state would prosecute conduct falling outside the generic crime to defeat removability. Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014)
    AILA Doc. No. 14092250.
  • 9/22/2014 NSC Liaison Q&As from Business Issues Teleconference (9/11/14) (.pdf 465 KB) The NSC Liaison Committee’s unofficial Q&As from stakeholders on a 9/11/14 teleconference with NSC. Topics included processing times for I-140s, I-765 processing delays, cross-chargeability, e-filing and supporting documentation, India EB-2 retrogression, and attorney change of address.
    AILA Doc. No. 14092249.
  • 9/22/2014 USCIS Additional Feedback Sessions on ELIS and Online Customer Service Tools (.pdf 770 KB) USCIS invitation to additional feedback sessions at USCIS field offices to 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. Registration is limited.
    AILA Doc. No. 14092248.
  • 9/22/2014 CA9 Finds CHS §11351 Conviction Is Neither Aggravated Felony Nor Controlled Substance Offense (.pdf 718 KB) The court vacated the removal order, applying the modified categorical approach and finding that petitioner’s conviction under §11351 of the California Health and Safety Code (CHS) was neither an aggravated felony, nor a controlled substance or firearms offense. (Medina v. Holder, 9/19/14)
    AILA Doc. No. 14092247.
  • 9/22/2014 OCAHO Topical Index of Cases (Updated September 2014) (.pdf 1801 KB) Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in September 2014.
    AILA Doc. No. 14042455.
  • 9/22/2014 EB-5 Processing Time Report (9/19/14) (.pdf 545 KB) EB-5 Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092246.
  • 9/22/2014 National Benefits Center Processing Time Report (9/19/14) (.pdf 552 KB) NBC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092245.
  • 9/22/2014 Vermont Service Center Processing Time Report (9/19/14) (.pdf 617 KB) VSC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092244.
  • 9/22/2014 Texas Service Center Processing Time Report (9/19/14) (.pdf 599 KB) TSC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092243.
  • 9/22/2014 Nebraska Service Center Processing Time Report (9/19/14) (.pdf 595 KB) NSC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092242.
  • 9/22/2014 California Service Center Processing Time Report (9/19/14) (.pdf 624 KB) CSC Processing Time Report released on 9/19/14 with processing dates as of 7/31/14. Updated processing times for Form I-539, Form I-765, and Form I-824 are listed.
    AILA Doc. No. 14092241.
  • 9/22/2014 CA3 Holds Pennsylvania Reckless Endangerment Conviction Is Not a CIMT (.pdf 7633 KB) The court granted the petition and vacated the removal order, applying the categorical approach and concluding that the least culpable conduct under §2705 of Pennsylvania’s reckless endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Mahn v. Att'y Gen., 9/17/14)
    AILA Doc. No. 14092240.
  • 9/22/2014 Daily Immigration News Clips – September 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 22, 2014.
  • 9/19/2014 Call for Examples – Consular Revocation/Cancellation of Visas
    AILA’s DOS Liaison Committee has received reports that several nonimmigrant visa holders who were already in the U.S. may have been contacted by consular officers and told that their visas have been cancelled and/or revoked. If your client has had this experience, please submit your example today.
    AILA Doc. No. 14091999.
  • 9/19/2014 Your AILA8 for September 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. 14091908.
  • 9/19/2014 EOIR to Close El Centro, California Immigration Court (.pdf 1301 KB) EOIR announcement that it will close its El Centro Immigration Court in California on September 30, 2014, as a result of DHS’s decision to close this location as a primary place of detention for respondents in removal proceedings, and the new hearing location will be the Imperial Immigration Court.
    AILA Doc. No. 14091907.
  • 9/19/2014 DHS OIG Report on DHS Visa Security Program (.pdf 1147 KB) DHS Office of Inspector General (OIG) report recommending that ICE develop performance measures to determine the success of the Visa Security Program (VSP), consular officers receive appropriate advice and training, and VSP hours are tracked and used to determine staffing and funding needs.
    AILA Doc. No. 14091906.
  • 9/19/2014 CA3 Holds Pennsylvania Child Endangerment Conviction Is Not a CIMT (.pdf 599 KB) The court applied the categorical approach and held that the least culpable conduct criminalized under §4304(a)(1) of Pennsylvania’s child endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Hernandez-Cruz v. Att'y Gen., 9/4/14)
    AILA Doc. No. 14091905.
  • 9/19/2014 2014 Visa Reciprocity Changes (Updated 9/19/14)
    DOS updates the visa reciprocity tables, including updated information for Japan.
    AILA Doc. No. 14010841.
  • 9/19/2014 AILA Quicktake #97: Deputy Secretary Mayorkas' Speech and Artesia Hearings
    AILA's Director of Advocacy Greg Chen sits down to provide a recap on Deputy Secretary of Homeland Security Alejandro Mayorkas' appearance at the National Press Club this week. Chen also discusses the immigration court proceedings happening for detainees in Artesia.
    AILA Doc. No. 14091904.
  • 9/19/2014 Call for Examples: National Visa Center Issues (Updated 9/19/14)
    AILA is collecting examples where members have experienced issues with the National Visa Center (NVC) within the last six months. Please send us your examples by September 30, 2014.
    AILA Doc. No. 14062646.
  • 9/19/2014 BIA Terminates Proceedings Against Respondent Convicted of False Imprisonment in Florida
    Unpublished BIA decision terminates proceedings upon finding false imprisonment under Fla. Stat. 787.02(1) is not a categorical CIMT and the IJ improperly consulted a police report that was not incorporated into the plea. Special thanks to IRAC. (Matter of Sanchez Fajardo, 6/27/14)
    AILA Doc. No. 14091902.
  • 9/19/2014 BIA Finds FGM Constitutes Exceptional and Extremely Unusual Hardship
    Unpublished BIA decision grants cancellation of removal upon finding respondent’s U.S. citizen daughters would suffer exceptional and extremely unusual hardship in Senegal by being subject to female genital mutilation (FGM). Special thanks to IRAC. (Matter of K-C-, 6/23/14)
    AILA Doc. No. 14091901.
  • 9/19/2014 AILA Amicus Brief Requesting BIA to Reexamine Adoption of Circumstance-Specific Methodology (.pdf 538 KB) AILA amicus brief to the BIA requesting the reexamination of its adoption of a circumstance-specific inquiry for the exception clause of the controlled substance ground of removability in light of Moncrieffe v. Holder and the continued validity of Matter of Davey.
    AILA Doc. No. 14091900.
  • 9/19/2014 South Florida Chapter: USCIS Miami Liaison Meeting Minutes (8/26/14) (.pdf 924 KB) Minutes from the South Florida Chapter’s meeting with USCIS on 8/26/14. Topics include an update on Matter of Arrabally and Yerrabelly cases, InfoPass appointments, I-751 petitions, G-28 issues, and more.
    AILA Doc. No. 14091963.
  • 9/19/2014 Video: Snapshots from Artesia: Why I Came Here
    AILA members volunteering in Artesia share why they traveled to New Mexico to volunteer their time as they offer pro bono services to Central American detainees on the ground.
    AILA Doc. No. 14091960.
  • 9/19/2014 Registration Open for the November NVC Tour and Q&A
    The AILA DOS Liaison Committee has arranged for a tour and Q&A session with the National Visa Center on Tuesday, November 4, 2014. Submit your non-case specific questions by September 26, 2014. Register by October 1, 2014. First come, first served; maximum 35 participants.
    AILA Doc. No. 14091962.
  • 9/19/2014 DHS Delegates Criminal Misconduct Investigative Authority to CBP (.pdf 654 KB) CBP press release announcing that, in response to a U.S. Government Accountability Office recommendation, CBP now has the authority to investigate its employees for alleged criminal misconduct and will convert qualified internal affairs employees from general investigators to criminal investigators.
    AILA Doc. No. 14091961.
  • 9/19/2014 FY2014 H-2B Cap Count (Updated 9/19/14)
    As of 9/12/14, USCIS receipted 26,422 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 26,193 approved and 229 pending beneficiaries. Information on the first half of FY2015 is also available.
    AILA Doc. No. 13100840.
  • 9/19/2014 Daily Immigration News Clips – September 19, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 19, 2014.
  • 9/18/2014 Your AILA8 for September 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. 14091852.
  • 9/18/2014 AILA 2014 Rome District Chapter Fall CLE Conference
    November 5-7, 2014
    The Four Seasons Hotel
    Prague, Czech Republic
    Please note that this event is not handled by AILA’s National Office. All inquiries about the event should be sent directly to the AILA Rome District Chapter.
  • 9/18/2014 BIA Distinguishes Moncrieffe and Reaffirms Matter of Davey (.pdf 650 KB) The BIA held the exception in INA §237(a)(2)(B)(i) calls for a circumstance-specific inquiry into the character of the unlawful conduct on a single occasion, not a categorical inquiry into the elements of a single statutory crime. Matter of Dominguez-Rodriguez, 26 I&N Dec. 408 (BIA 2014)
    AILA Doc. No. 14091851.
  • 9/18/2014 Practice Alert: Filing Supporting Documentation at the Los Angeles Asylum Office
    As of August 1, 2014, the Los Angeles Asylum Office requires that all supporting documentation for asylum applications be submitted, in triplicate, at least one week prior to the date of the asylum interview.
    AILA Doc. No. 14091850.
  • 9/18/2014 D.C. Chapter: USCIS Liaison Meeting Minutes (7/11/14) (.pdf 811 KB) Minutes from the Washington, D.C. Chapter’s liaison meeting with USCIS (WAS) on 7/11/14. Topics include naturalization ceremonies, N-400 delays, extended review cases, interview delays, interview rescheduling, parole in place, sua sponte reopening, mandamus actions, and fingerprinting.
    AILA Doc. No. 14091861.
  • 9/18/2014 Practice Pointer: Courier Address for RFEs Issued by the National Benefits Center
    The National Benefits Center (NBC) has advised AILA that it was updating all of its RFE templates to include a courier address for RFE responses. When receiving an RFE from the NBC, members should check to see if a courier address for the RFE response has been included.
    AILA Doc. No. 14091849.
  • 9/18/2014 AILA Leadership Blog: Offering Hope and Comfort to Detained Moms and Kids
    AILA Member and Artesia Volunteer Lisa York is collecting letters of encouragement and comfort for the mothers and children detained at Artesia; guidelines on how to write the letters and where to send them are included in this blog post.
  • 9/18/2014 Call to All AILA Members: Refugee/Asylee Questions Sought for 10/9/14 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 refugee and asylee issues. Questions needed by 9/25/14.
    AILA Doc. No. 14091845.
  • 9/18/2014 BIA Rescinds In Absentia Order Because Hearing Notice Was Sent on Day of Hearing
    Unpublished BIA decision rescinds in absentia order where respondent submitted affidavit stating she did not receive the hearing notice and the record indicated that the hearing notice was sent on the date of the hearing. Special thanks to IRAC. (Matter of Sorto-Viera, 6/19/14)
    AILA Doc. No. 14091844.
  • 9/18/2014 Did You Miss the AILA FOIA Web Seminar?
    Did you miss the recent AILA web seminar on everything about FOIA you won't find in a book? Did you know you can purchase the downloadable recording and listen to it anytime that works with your schedule? Check it out today!
  • 9/18/2014 BIA Orders Further Consideration of Voluntary Departure
    Unpublished BIA decision remands record because IJ did not advise respondent of potential eligibility for voluntary departure and respondent did not realize she was conceding ineligibility by saying she lacked funds to depart. Special thanks to IRAC. (Matter of Dangan, 6/16/14)
    AILA Doc. No. 14091842.
  • 9/18/2014 BIA Says Aggravated Felony Bar Applies to Conditional Permanent Resident Admitted at POE (.pdf 2832 KB) The BIA held an alien admitted at a port of entry (POE) as a conditional permanent resident pursuant to §216(a) is “lawfully admitted for permanent residence” and is barred from an §212(h) waiver, if he was later convicted of an aggravated felony. Matter of Paek, 26 I&N Dec. 403 (BIA 2014)
    AILA Doc. No. 14091841.
  • 9/18/2014 Are You Undercharging for Your Services?
    Do you believe that many of your clients would not use your services if you charged them more? Push through the guilt and end the internal wrestling matches with this fresh outlook in this week’s Practice Success Tip.
    AILA Doc. No. 14091840.
  • 9/18/2014 Daily Immigration News Clips – September 18, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 18, 2014.
  • 9/18/2014 House Briefing on Family Detention (.pdf 690 KB) A 9/22/14 AILA-sponsored briefing in the House on family detention.
    AILA Doc. No. 14091847.
  • 9/17/2014 Your AILA8 for September 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. 14091748.
  • 9/17/2014 Video: Snapshots from Artesia: September 17, 2014
    AILA DC Members Dree Collopy and Sandra Grossman document their experiences as they offer pro bono services to Central American detainees on the ground at the family detention center in Artesia, NM. To donate, visit www.aila.org/helpthevolunteers.
    AILA Doc. No. 14091747.
  • 9/17/2014 USCIS Comment Request on Form I-829
    USCIS 60-day notice of a request for comments on proposed revisions to the Petition by Entrepreneur to Remove Conditions (Form I-829). Comments are due by 11/14/14. (79 FR 55008, 9/15/14)
    AILA Doc. No. 14091746.
  • 9/17/2014 USCIS Comment Request on Form I-612 (Updated 9/17/14)
    USCIS 60-day notice of a request for comments on proposed revisions to the Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the INA (Form I-612). Comments are due by 11/10/14. (79 FR 53720, 9/10/14)
    AILA Doc. No. 14091061.
  • 9/17/2014 AILA Liaison Chapter Liaison Training (.pdf 2643 KB) AILA Liaison power point training for chapter agency liaisons, including helpful hints on how to create an effective agenda, how to maintain agency contacts, and how to communicate with the membership.
    AILA Doc. No. 14091745.
  • 9/17/2014 BIA Finds Respondent Eligible for Adjustment of Status (.pdf 584 KB) Unpublished decision sustaining appeal, finding respondent eligible for adjustment, as the equities of his lengthy residence in U.S., strong employment history, family ties to USCs, and rehabilitation, outweighed adverse factor of attempted sexual abuse conviction. Courtesy of Brian Conry.
    AILA Doc. No. 14091744.
  • 9/17/2014 Missed the AILA O and P Audio Seminar?
    Did you miss the recent AILA audio seminar on Os and Ps? Don’t worry – you can download the seminar and listen from your desk, home, or even on the run. Get your Os and Ps in line today!
  • 9/17/2014 USCIS Vermont Service Center (VSC)
    Procedures for requesting AILA liaison assistance for cases pending at the Vermont Service Center.
    AILA Doc. No. 03080680.
  • 9/17/2014 DHS Annual Flow Report on Refugees and Asylees (.pdf 683 KB) DHS Office of Immigration Statistics Annual Flow Report on the number and demographics of individuals admitted to the U.S. as refugees or granted asylum in the U.S. in 2013.
    AILA Doc. No. 14091743.
  • 9/17/2014 Free This Month on Agora
    AILA free items for September are now available. Read an Immigration Practice Pointer about the process of denaturalization proceedings under INA 340(a). Also download a session from a recent Annual Conference on petitions for writs of certiorari. Check them out today!
  • 9/17/2014 AILA Leadership Blog: Artesia Betrays America: Part III
    AILA Member and Artesia Volunteer Angela Williams finishes her three-part series with this blog post writing, “We cannot ignore our laws and skirt the process that we have created for vulnerable people all over the world to seek shelter within our borders.”
  • 9/17/2014 CA7 Holds Stop-Time Rule May Not Be Applied Retroactively (.pdf 7946 KB) The court found that the stop-time rule of INA §240A(d)(1) would have an impermissible retroactive effect if it were applied to petitioner’s 1995 drug offense, and that he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jeudy v. Holder, 9/15/14)
    AILA Doc. No. 14091742.
  • 9/17/2014 USCIS Comment Request on Form I-918 and Supplements (Updated 9/17/14)
    USCIS 60-day notice of a request for comments on proposed revisions to the Petition for U Nonimmigrant Status (Form I-918) and Supplements A and B of Form I-918. Comments are due by 11/10/14. (79 FR 53721, 9/10/14)
    AILA Doc. No. 14091062.
  • 9/17/2014 EOIR Notice of Proposed Rulemaking on Custody and Bond Proceedings Representation
    EOIR notice of proposed rulemaking to amend the regulations to allow a representative to enter an appearance in custody and bond proceedings without such an appearance constituting an entry of appearance for all Immigration Court proceedings. Comments are due by 11/17/14. (79 FR 55659, 9/17/14)
    AILA Doc. No. 14091741.
  • 9/17/2014 EOIR Notice of Proposed Rulemaking on Pro Bono Legal Services Providers List
    EOIR notice of proposed rulemaking to change the name of the “List of Free Legal Services Providers” and to enhance the eligibility requirements for organizations, private attorneys, and referral services to be included in the List. Comments are due by 11/17/14. (79 FR 55662, 9/17/14)
    AILA Doc. No. 14091740.
  • 9/17/2014 Daily Immigration News Clips – September 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 17, 2014.
  • 9/16/2014 Your AILA8 for September 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. 14091655.
  • 9/16/2014 Video: Snapshots from Artesia: September 16, 2014
    AILA DC Members Dree Collopy and Sandra Grossman document their experiences as they offer pro bono services to Central American detainees on the ground at the family detention center in Artesia, NM. To donate, visit www.aila.org/helpthevolunteers.
    AILA Doc. No. 14091654.
  • 9/16/2014 CRS Report on Asylum and Gang Violence (.pdf 864 KB) As a result of the increase in unaccompanied alien children apprehended at the southwest border, this Congressional Research Service report discusses the role that gang-related violence in Central America may play in determining whether these children are eligible for refugee status and asylum.
    AILA Doc. No. 14091653.
  • 9/16/2014 CRS Report on Special Immigrant Juveniles (.pdf 758 KB) Congressional Research Service report on special immigrant juveniles (SIJs), including the evolving criteria for SIJ status, expedited processing of these petitioners, eligibility for federal assistance, and issues involving unaccompanied children.
    AILA Doc. No. 14091652.
  • 9/16/2014 USCIS Invitation to NSC Teleconference on Refugee and Asylee Issues
    USCIS invitation to a 10/9/14 NSC teleconference on refugee and asylee issues. Registration information will be provided closer to the date of the event.
    AILA Doc. No. 14091651.
  • 9/16/2014 Prevailing Wage Practice Pointer for Physician Cases (.pdf 976 KB) AILA Healthcare Professionals/Physicians Committee practice pointer provides guidance and tips in obtaining appropriate wage data for healthcare professionals, whether required for a J-1 waiver, H-1B petition, or labor certification application.
    AILA Doc. No. 14091650.
  • 9/16/2014 USCIS Texas Service Center (TSC)
    Procedures for requesting AILA liaison assistance for cases pending at the Texas Service Center.
    AILA Doc. No. 04012380.
  • 9/16/2014 AILA Letter to Congress on Artesia (.pdf 693 KB) A 9/16/14 AILA letter to members of Congress urging action on the Artesia, NM family detention center.
    AILA Doc. No. 14091649.
  • 9/16/2014 AILA Letter to President Obama on Artesia (.pdf 692 KB) A 9/16/14 AILA letter to President Obama urging the closing of the Artesia, NM family detention center.
    AILA Doc. No. 14091648.
  • 9/16/2014 USCIS Nebraska Service Center (NSC)
    Procedures for requesting AILA liaison assistance for cases pending at the Nebraska Service Center.
    AILA Doc. No. 04062165.
  • 9/16/2014 Q&As from the NSC-TSC Business Community Engagement (7/17/14) (.pdf 549 KB) Questions and answers from the 7/17/14 business community engagement with the Nebraska and Texas Service Centers. Topics include I-140 statistics, special immigrant status for retired G-4 nonimmigrants, transfer of a pending I-485 to a new I-140 or I-130, and RFEs for medical examinations.
    AILA Doc. No. 14091647.
  • 9/16/2014 Call for Examples: RFEs for Asylum-Based I-756s Where Proceedings Are Administratively Closed
    The AILA Asylum and Refugee Liaison Committee requests examples of RFEs issued within the last year for asylum-based I-765s filed for cases in which removal proceedings have been administratively closed.
    AILA Doc. No. 14091646.
  • 9/16/2014 AILA Leadership Blog: Artesia Betrays America: Part II
    AILA Leadership Blog: Artesia Betrays America: Part II
  • 9/16/2014 Daily Immigration News Clips – September 16, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 16, 2014.
  • 9/16/2014 CBP Designates POEs for First-Time Canadian TN and L Applicants Seeking Entry Under NAFTA (.pdf 955 KB) CBP announcement that beginning in mid-September 2014, the agency is designating 14 ports of entry (POEs) for optimized processing for first-time Canadian TN and L applicants seeking entry into the U.S. under NAFTA.
    AILA Doc. No. 14091645.
  • 9/16/2014 CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver (.pdf 509 KB) The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)
    AILA Doc. No. 14091644.
  • 9/16/2014 CA1 Dismisses Petition for Lack of Jurisdiction (.pdf 473 KB) The court held that because the BIA acted pursuant to its discretionary sua sponte authority, it lacked jurisdiction to review the petition. (Guerrero v. Holder, 9/9/14)
    AILA Doc. No. 14091643.
  • 9/16/2014 DOL Statistics on H-2Bs from FY2014 Fourth Quarter (8/31/14) (.pdf 548 KB) DOL’s OFLC statistics on H-2Bs as of 8/31/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14091642.
  • 9/16/2014 DOL Statistics on H-2As from FY2014 Fourth Quarter (8/31/14) (.pdf 735 KB) DOL’s OFLC statistics on H-2As as of 8/31/14, including number of applications received, top states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14091641.
  • 9/16/2014 DOL Statistics on H-1Bs from FY2014 Fourth Quarter (8/31/14) (.pdf 573 KB) DOL’s OFLC statistics on H-1Bs as of 8/31/14, 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. 14091640.
  • 9/15/2014 Your AILA8 for September 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. 14091545.
  • 9/15/2014 Practice Pointer: AAO Transfer Issues (Updated 9/15/14)
    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.
  • 9/15/2014 AILA Leadership Blog: Artesia Betrays America: Part I
    AILA Member and Artesia Volunteer Angela Williams begins a three-part series on her time in Artesia, what she saw at the detention facility, and how she has been galvanized to act through her experience there.
  • 9/15/2014 DOL Statistics on PWDs from FY2014 Fourth Quarter (8/31/14) (.pdf 533 KB) DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 8/31/14, 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. 14091544.
  • 9/15/2014 DOL Statistics on PERM Program from Fourth Quarter of FY2014 (8/31/14) (.pdf 529 KB) DOL’s OFLC statistics on the PERM program as of 8/31/14, 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. 14091543.
  • 9/15/2014 How to Incorporate Your John Hancock in Your E-mail Signature
    Here are a (little more than) few steps to help you incorporate your natural handwritten signature into your email signature block.
    AILA Doc. No. 14091145.
  • 9/15/2014 Send Us Your Feedback on Office of Special Counsel’s Flyers and Seminars (Updated 9/15/14)
    The AILA Verification & Documentation Liaison Committee is seeking feedback on the effectiveness of the OSC’s outreach efforts to the public, including OSC’s educational flyers, PowerPoint presentations, seminars, and webinars. Responses needed by 9/26/14.
    AILA Doc. No. 14090245.
  • 9/15/2014 Daily Immigration News Clips – September 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 15, 2014.
  • 9/15/2014 Video: Snapshots from Artesia: September 8 - 9, 2014
    AILA DC Members Dree Collopy and Sandra Grossman share some highlights from their first two days in Artesia, NM and the women and children they met and advocated for during their time on the ground.
    AILA Doc. No. 14091542.
  • 9/15/2014 CGRS Practice Advisory on Domestic Violence-Based Asylum Claims (.pdf 1068 KB) The Center for Gender & Refugee Studies (CGRS) practice advisory on domestic violence-based asylum claims, including an overview, guidance on asylum claims based on membership in a particular social group, and guidance on withholding of removal and CAT claims.
    AILA Doc. No. 14091541.
  • 9/15/2014 Liaison Meeting Minutes with Louisville USCIS (9/11/14) (.pdf 533 KB) Minutes from MidSouth Chapter liaison meeting with Louisville USCIS on 9/11/14. Topics include: submitting evidence to satisfy USCIS requirements, adjustment of status, delays in obtaining relief, marriage-based adjustment interview questions, and reporting procedures at Louisville ERO office.
    AILA Doc. No. 14091540.
  • 9/15/2014 USCIS California Service Center (CSC)
    Procedures for requesting AILA liaison assistance for cases pending at the California Service Center.
    AILA Doc. No. 04070662.
  • 9/12/2014 AILA Leadership Blog: How We Got Here
    Ally Bolour, Member of AILA’s Media Advocacy Committee, describes the problems that have sprung from the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), writing that "The results…have been nothing less than disastrous."
  • 9/12/2014 BIA Holds California Conviction for Malicious Vandalism With Gang Enhancement Is CIMT (.pdf 513 KB) The Board held that a California conviction for malicious vandalism with a gang enhancement requiring that the underlying offense be committed to promote criminal conduct by gang members is a categorical crime involving moral turpitude. Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014)
    AILA Doc. No. 14091240.
  • 9/12/2014 Daily Immigration News Clips – September 12, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 12, 2014.
  • 9/11/2014 Check-in with DOS’s Charlie Oppenheim (9/11/14)
    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.
  • 9/11/2014 ICE Liaison Committee Seeks Questions for Fall Meeting
    The AILA ICE Liaison Committee is preparing for its upcoming meeting with ICE. Please send any questions, problems, or concerns you have for ICE by September 30, 2014.
    AILA Doc. No. 14091146.
  • 9/11/2014 Friend of the Court Model for Unaccompanied Minors in Immigration Proceedings (.pdf 569 KB) EOIR memorandum to IJs discussing the definition, scope, and application of the Friend of the Court model in immigration proceedings involving unaccompanied minors.
    AILA Doc. No. 14091144.
  • 9/11/2014 CIS Ombudsman Invitation to Teleconference on Student Visa Issues (.pdf 627 KB) CIS Ombudsman invitation to a 9/25/14 teleconference on immigration issues impacting international students, including speakers from ICE’s Student and Exchange Visitor Program (SEVP) and USCIS. Registration information included.
    AILA Doc. No. 14091142.
  • 9/11/2014 TRAC Report Finds Immigration Offenses Account for 80% of Deportation Orders
    Transactional Records Access Clearinghouse (TRAC) report finding that only 16,375 out of 82,878 removal orders were based on criminal offenses and the remainder involved various immigration charges. The backlog of cases awaiting hearing has increased to 408,307 as of the end of August 2014.
    AILA Doc. No. 14091141.
  • 9/11/2014 AILA Board Meeting Materials – September 20 2014 (.pdf 2689 KB) The AILA Board of Governors will meet Saturday, September 20, 2014, in Seattle, Washington. This document contains the agenda and meeting materials.
    AILA Doc. No. 14091140.
  • 9/11/2014 DOS Notice on China EB-5 Category (.pdf 137 KB) DOS notice stating that on 8/23/14, the China EB-5 category became unavailable for the remainder of FY2014, and the category will again become “current” for October 2014, the first month of FY2015. Notice includes information on DOS and USCIS processing.
    AILA Doc. No. 14091143.
  • 9/11/2014 Daily Immigration News Clips – September 11, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 11, 2014.
  • 9/11/2014 AILA Comments on EOIR Interim Rule on Designation of Temporary Immigration Judges (.pdf 651 KB) AILA comments in response to EOIR’s interim rule, published in the Federal Register on July 11, 2014, related to the creation of temporary immigration judge positions within the Office of the Chief Immigration Judge.
    AILA Doc. No. 14091161.
  • 9/11/2014 AILA Board of Governors Teleconference Minutes (9/4/14) (.pdf 584 KB) Minutes from the AILA Board of Governors Teleconference held on September 4, 2014.
    AILA Doc. No. 14091160.
  • 9/10/2014 Your AILA8 for September 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. 14091047.
  • 9/10/2014 Practice Pointer: RFE vs. NOID Following Kazarian I-140 Analysis (.pdf 477 KB) NSC Liaison Committee practice pointer clarifying USCIS’s current policy and procedure when issuing RFEs or NOIDs for I-140 petitions subject to the two-part analysis established in Kazarian v. USCIS.
    AILA Doc. No. 14091046.
  • 9/10/2014 Practice Pointer: I-130 Filing Tips from the Nebraska Service Center
    Practice Pointer based on an e-mail from the Nebraska Service Center (NSC) to stakeholders on best practices and tips for filing Form I-130, Petition for Alien Relative.
    AILA Doc. No. 14091045.
  • 9/10/2014 Denver Immigration Court To Take Over Artesia Docket (.pdf 463 KB) Effective 9/29/14, EOIR will assign immigration cases originating at the Artesia, NM, hearing location to IJs at the Denver Immigration Court in Denver rather than to IJs at the Headquarters Immigration Court in Arlington,VA. Denver IJs will hear cases via video-teleconference.
    AILA Doc. No. 14091044.
  • 9/10/2014 EOIR Teleconference and Webinar on Recognition and Accreditation Program (.pdf 466 KB) EOIR invitation to a 9/26/14 stakeholder teleconference and webinar providing a general overview of EOIR’s recognition and accreditation program. Registration information included.
    AILA Doc. No. 14091043.
  • 9/10/2014 Daily Immigration News Clips – September 10, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 10, 2014.
  • 9/10/2014 Chicago Chapter – USCIS Chicago Field Office Minutes (9/4/14) (.pdf 2119 KB) Minutes from a 9/4/14 AILA Chicago Chapter meeting with the Chicago Field Office. Topics include: expedited biometrics and I-551 passport stamps for pending I-90s, creation of record of permanent residence for American Indian born in Canada, CSPA, and reductions to standard RFE response times.
    AILA Doc. No. 14091042.
  • 9/10/2014 Call for Questions for VSC Stakeholders Meeting on October 24
    AILA’s VSC Liaison Committee requests questions or topics for the VSC stakeholders meeting to be held on 10/24/14. Please submit questions by close of business on 9/17/14.
    AILA Doc. No. 14091041.
  • 9/10/2014 New Date for USCIS Teleconference on H-1Bs and Religious Workers (Updated 9/10/14) (.pdf 892 KB) USCIS invitation to a 10/9/14 teleconference with CSC and VSC. There will be two, 45-minute sessions, the first session on H-1B filing tips and the second session on the eligibility requirements for religious workers. This event was previously scheduled for 9/25/14.
    AILA Doc. No. 14082745.
  • 9/10/2014 Visa Bulletin for October 2014 (.pdf 134 KB) DOS Visa Bulletin for October 2014. There is slight forward movement in most categories. EB-5 China is current. Also noted was that increased visa demand will require holding the India employment-based second preference date at 5/1/09 to keep usage within the FY2015 annual limit.
    AILA Doc. No. 14091040.
  • 9/10/2014 Unable to Volunteer in Artesia? Support Your Colleagues Who Can!
    AIC and AILA have collaborated to create a way for AILA members to make tax-deductible donations on-line to help reimburse the travel expenses of AILA pro bono volunteers! Please give generously so this volunteer effort can continue to bring hope to families detained in Artesia.
    AILA Doc. No. 14090249.
  • 9/10/2014 Call for Questions: Upcoming Meeting with the National Benefits Center
    The AILA National Benefits Center (NBC) Liaison Committee is in the process of preparing for its fall liaison meeting with NBC, and would like to hear your suggested agenda items, problems, and concerns. Responses needed by 9/17/14.
    AILA Doc. No. 14091060.
  • 9/9/2014 CA9 Holds Matter of Jean Applies to Adjustment Applications Under INA §245(i) (.pdf 535 KB) The court upheld the BIA’s decision not to apply the categorical approach to determine if a crime is violent or dangerous for purposes of Matter of Jean and upheld the BIA’s extension of the standard to the context of adjustment under INA §245(i). (Torres-Valdivias v. Holder, 9/5/14)
    AILA Doc. No. 14090943.
  • 9/9/2014 Your AILA8 for September 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. 14090944.
  • 9/9/2014 AILA Leadership Blog: An Arduous Success in Artesia
    AILA Member and Artesia Volunteer Deborah S. Smith highlights a first-ever success due to the extraordinary team effort in Artesia: the first parole for a mother and sick child.
  • 9/9/2014 AILA Members’ LTE Template on Administration’s Delay and Family Detention
    AILA members are urged to personalize and submit this template Letter to the Editor (LTE) in response to articles mentioning the President’s recent decision to delay executive action on immigration, family detention, UACs. Please contact AILA staff (newsroom@aila.org) with questions.
    AILA Doc. No. 14090942.
  • 9/9/2014 USCIS Updates Policy Manual with H-3 Trainee Guidance (.pdf 972 KB) USCIS policy alert that the USCIS Policy Manual has been updated to provide comprehensive guidance on the H-3 trainees nonimmigrant visa category. Comments are due by 9/19/14.
    AILA Doc. No. 14090940.
  • 9/9/2014 Call for Examples: O and P Petition RFEs (Updated 9/9/14)
    Have you received an RFE for an O or P petition filed within the last two months? For an agency issue? On a renewal petition? Requesting information already submitted in the petition? On a O or P petition pending over 30 days? AILA Liaison wants to know!
    AILA Doc. No. 14022642.
  • 9/9/2014 Immigration Law Advisor, July/August 2014 (Vol. 8, No. 6) (.pdf 711 KB) The July/August 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the circuit split on the finality rule, circuit court decisions for June 2014, recent BIA precedent decisions, and a regulatory update.
    AILA Doc. No. 14090941.
  • 9/9/2014 Daily Immigration News Clips – September 9, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 9, 2014.
  • 9/8/2014 Your AILA8 for September 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. 14090847.
  • 9/8/2014 CA9 Holds California Conviction for Possession of Marijuana for Sale Is an Aggravated Felony (.pdf 512 KB) The court held that a conviction for possession of marijuana for sale under California Health and Safety Code §11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance,” under INA §101(a)(43)(B). (Roman-Suaste v. Holder, 9/4/14)
    AILA Doc. No. 14090846.
  • 9/8/2014 Recent Radio Interviews with Leslie Holman on UACs
    AILA President Leslie Holman recently participated in a radio tour involving several stations around the country discussing the issue of unaccompanied children crossing the border and what factors motivate them to seek refuge. Two of the clips are available for download.
    AILA Doc. No. 14090845.
  • 9/8/2014 OCAHO Reduces Fine After Finding No Unauthorized Employees (.pdf 477 KB) The janitorial service company claimed to have misplaced most of the I-9s but OCAHO reduced the I-9 fine for failing to prepare and/or present I-9 forms after finding no authorized employees and no history of previous violations. (U.S. v. Clean Sweep Janitor Service, 6/30/14)
    AILA Doc. No. 14090844.
  • 9/8/2014 BIA Holds Having Passport at Hearing Not Requirement for Receiving Voluntary Departure
    Unpublished BIA decision orders further consideration of request for voluntary departure that was denied solely because respondent did not have passport in physical possession at the time of the hearing. Special thanks to IRAC. (Matter of Lorenzo-Cabrera, 6/13/14)
    AILA Doc. No. 14090843.
  • 9/8/2014 BIA Holds Florida Theft and Issuance of Worthless Check Not CIMTs
    Unpublished BIA decision upholds termination of proceedings upon finding neither issuing a worthless check under Fla. Stat. 832.05 nor theft under Fla. Stat. 812.014 qualify as a CIMT. Special thanks to IRAC. (Matter of Montinar, 6/13/14).
    AILA Doc. No. 14090842.
  • 9/8/2014 District Court Complaint Against EB-5 Attorney and Law Firm (.pdf 549 KB) Complaint filed against a Los Angeles-based immigration attorney, his wife, and his law firm partner, for conducting an investment scheme to defraud foreign investors trying to come to the U.S. through the EB-5 program. The SEC also filed charges.
    AILA Doc. No. 14090841.
  • 9/8/2014 AAO Processing Time Report (9/1/14) (.pdf 563 KB) AAO Processing Times as of September 1, 2014.
    AILA Doc. No. 14090840.
  • 9/8/2014 DOS Practice Alert: Technical Problems with Passport/Visa System (Updated 9/8/14)
    The DOS Bureau of Consular Affairs reports it is supporting visa and passport issuances within expected processing times and service expectations and has eliminated the queue of caused by system issues.
    AILA Doc. No. 14072440.
  • 9/8/2014 USCIS Invitation to NSC Teleconference on Business Issues (Updated 9/8/14)
    USCIS invitation to a 9/11/14 NSC teleconference on business issues. Registration information included.
    AILA Doc. No. 14081945.
  • 9/8/2014 Daily Immigration News Clips – September 8, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 8, 2014.
  • 9/8/2014 AILA Leadership Blog: Judge Us by our Treatment of Child Refugees
    Rob Cohen, Vice Chair, AILA’s USCIS Liaison Committee, compares an account of a World War II child refugee with “stories of the women and children refugees from Central America, facing the same prejudice, deprivation, and the same barriers to resettlement and safety imposed by our own government.”
  • 9/6/2014 President Obama Doubles Down on Immigration Failures: Delays Executive Action and Ramps Up Jailing of Families
    AILA President Leslie Holman reacts to the delay on executive action, saying “The attempt to deny protection to desperate refugees, and the delay on immigration action, make absolutely no fiscal or moral sense, and are built on questionable political assumptions.”
    AILA Doc. No. 14090640.
  • 9/5/2014 AILA Quicktake #96: AILA Recommendations on Administrative Reform
    In this Quicktake, AILA Executive Director Crystal Williams discusses what some of AILA's recommendations to the Administration on executive action have been.
    AILA Doc. No. 14090554.
  • 9/5/2014 Nevada Chapter: Minutes from the USCIS Las Vegas Field Office Meeting (4/25/14) (.pdf 462 KB) Minutes from the Nevada chapter’s 4/25/14 liaison meeting with USCIS Las Vegas field office, discussing the following topics: advance parole, adjustment of status and naturalization interview time frames, and Infopass appointments.
    AILA Doc. No. 14090553.
  • 9/5/2014 CA7 Says Petitioner Is Eligible for §212(c) Relief (.pdf 620 KB) The court remanded the §212(c) denial, concluding the BIA committed legal error by failing to follow its own precedent and giving substantial weight to an arrest report absent a conviction or corroborating evidence of the allegations contained therein. (Avila-Ramirez v. Holder, 8/21/14)
    AILA Doc. No. 14090552.
  • 9/5/2014 Video: Snapshots from Artesia: September 5, 2014
    Special Edition: AILA member Christina Brown shares information about her successful asylum merits hearing yesterday and other 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. 14090551.
  • 9/5/2014 Daily Immigration News Clips – September 5, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 5, 2014.
  • 9/5/2014 CA1 Upholds Asylum Denial for Somali Petitioner (.pdf 477 KB) The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)
    AILA Doc. No. 14090550.
  • 9/5/2014 TRAC Report Finds Immigration Court Backlog Nears 400,000
    Transactional Records Access Clearinghouse (TRAC) report finding that the number of cases awaiting resolution in the immigration courts has grown to 396,552 by the end of July 2014. The California Immigration Courts continue to have the greatest backlog, followed by Texas and New York.
    AILA Doc. No. 14090549.
  • 9/5/2014 CA10 Asks BIA to Clarify Whether Discrepancies Provide Sufficient Basis for Denying Cancellation (.pdf 527 KB) The court held the BIA acted within its discretion in rejecting the wife’s ineffective representation of counsel claim but remanded the husband’s claim to clarify whether the discrepancies relating to continuous residence were sufficient for denying cancellation. (Rivera v. Holder, 8/19/14)
    AILA Doc. No. 14090548.
  • 9/5/2014 CA8 Denies Petitions to Review Asylum Denial for Burmese Petitioner (.pdf 482 KB) The court held the BIA did not abuse its discretion in denying the Burmese petitioner’s motion to remand and motion to reopen, citing numerous inconsistencies in her asylum claim relating to harm allegedly suffered in the Burmese army and in Thailand. (Lee v. Holder, 8/28/14)
    AILA Doc. No. 14090547.
  • 9/5/2014 Nevada Chapter: Minutes from the USCIS District Office Meeting (10/23/13) (.pdf 510 KB) Minutes from the Nevada chapter’s 10/23/13 liaison meeting with USCIS discussing the following topics: biometrics, evidentiary issues, RFEs, Infopass , processing times, and more.
    AILA Doc. No. 14090546.
  • 9/5/2014 EB-5 Processing Time Report (9/4/14) (.pdf 545 KB) EB-5 Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090545.
  • 9/5/2014 National Benefits Center Processing Time Report (9/4/14) (.pdf 553 KB) NBC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090544.
  • 9/5/2014 Vermont Service Center Processing Time Report (9/4/14) (.pdf 618 KB) VSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090543.
  • 9/5/2014 Texas Service Center Processing Time Report (9/4/14) (.pdf 600 KB) TSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090542.
  • 9/5/2014 Nebraska Service Center Processing Time Report (9/4/14) (.pdf 592 KB) NSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090541.
  • 9/5/2014 California Service Center Processing Time Report (9/4/14) (.pdf 625 KB) CSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090540.
  • 9/5/2014 CA6 Vacates and Remands, Finds Petitioner Timely Retracted His False Asylum Testimony (.pdf 540 KB) The court vacated the BIA’s decision that the petitioner’s voluntary confession of false asylum testimony was not retracted because it was untimely, and remanded for the BIA to determine his eligibility for cancellation of removal. (Ruiz v. Holder, 8/29/14)
    AILA Doc. No. 14090560.
  • 9/5/2014 Your AILA8 for September 4, 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.
  • 9/5/2014 AILA Leadership Blog: Welcoming the Children to New York
    In this blog post, Camille Mackler, AILA NYC Co-Media Liaison, offers a look into what went into two recent events in New York City focused on helping migrant children integrate into the community and access important services, including legal assistance.
  • 9/4/2014 Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America (Updated 9/4/14)
    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.
  • 9/4/2014 CA8 Says Salvadoran Petitioner Did Not Identify a Particular Social Group (.pdf 507 KB) The court agreed with the BIA that “men in El Salvador who fear gang violence because of a former gang member who is also their family member” was not a particular social group because it did not satisfy the visibility requirement. (Fuentes v. Holder, 8/22/14)
    AILA Doc. No. 14090408.
  • 9/4/2014 AILA Leadership Blog: What Does a Week in Artesia Look Like?
    This blog post from AILA Member Megan Kludt highlights some of her experiences over the last week working at the Artesia family detention facility in New Mexico with other AILA volunteers.
    AILA Doc. No. 14090405.
  • 9/4/2014 EOIR Liaison Committee Seeks Questions for Fall Meeting
    The EOIR Liaison Committee seeks questions for its fall meeting with the agency in late October 2014. Please send any questions by Wednesday, September 10, 2014.
    AILA Doc. No. 14090401.
  • 9/4/2014 September Update: AILA Response to Central American Humanitarian Crisis (.pdf 580 KB) September 2014 AILA member update on coordinated efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is includes what we know, what actions are being pursued, and how to get involved.
    AILA Doc. No. 14090407.
  • 9/4/2014 San Diego Chapter: USCIS Liaison Meeting Minutes (8/12/14) (.pdf 565 KB) San Diego Chapter minutes from liaison meeting with USCIS District 24 on 8/12/14. Topics include: humanitarian parole, adjustment of status, naturalization, Infopass appointments, approved I-130 transfers to the NVC for consular processing, and parole-in-place requests.
    AILA Doc. No. 14090406.
  • 9/4/2014 Who Really Owns Your Web Address?
    Most law firms have a website today, and most of those hire a web developer to build it. So do you know who owns yours? This week’s Practice Success Tip provides a way to find out!
    AILA Doc. No. 14090404.
  • 9/4/2014 Carolinas Chapter –USCIS Raleigh/Durham Inquiry Form (9/4/14) (.pdf 522 KB) USCIS inquiry form for Raleigh/Durham, SC.
    AILA Doc. No. 11052650.
  • 9/4/2014 Media Talking Points for AILA Members on Administrative Reform (.pdf 824 KB) AILA Members can use these Talking Points when asked by the media or other stakeholders what the President can and should do to reform our broken immigration system through administrative reform.
    AILA Doc. No. 14090460.
  • 9/4/2014 Avoid the NOID! How to Prevent Asylum Office NOIDs (.pdf 784 KB) Practice pointer on how to prevent Notices of Intent to Deny (NOIDs) issued by the USCIS asylum offices, based on a review of example NOIDs provided by the membership. Special thanks to the AILA Asylum and Refugee Committee.
    AILA Doc. No. 14090403.
  • 9/4/2014 Survey of Security Advisory Opinions (SAOs) in India, Philippines, and PRC
    The AILA DOS Liaison Committee requests feedback from AILA members about Security Advisory Opinions (SAOs) in India, Philippines, and the People's Republic of China (PRC). Complete the survey today!
    AILA Doc. No. 14040902.
  • 9/4/2014 USCIS Notice of Online Tools Unavailability (Updated 9/04/14)
    USCIS will conduct system maintenance from 5am until midnight (Eastern) on Sunday, September 7, 2014, and USCIS online tools will be unavailable.
    AILA Doc. No. 13072641.
  • 9/4/2014 Daily Immigration News Clips – September 4, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 4, 2014.

 
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