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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.

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.

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Recent Postings

  • 4/24/2014 TRAC Report Finds ICE Rarely Uses Prosecutorial Discretion to Close Immigration Cases
    Transactional Records Access Clearinghouse (TRAC) report finding that the use of prosecutorial discretion by ICE to close cases in the immigration courts continues to be relatively rare; only 6.7% of cases were closed on this basis between October 2012 and March 2014.
    AILA Doc. No. 14042448.
  • 4/24/2014 Practice Pointer: When to File STEM OPT Extensions
    CSC Liaison Committee practice pointer clarifying the eligibility requirements for a 17-month extension of post-completion OPT for F-1 students enrolled in STEM degree programs.
    AILA Doc. No. 14042447.
  • 4/24/2014 Practice Pointer: Consular Notification through PIMS
    CSC Liaison Committee practice pointer provides tips for filing nonimmigrant employment-based visas with USCIS that will be scanned into the Petition Information Management System (PIMS).
    AILA Doc. No. 14042446.
  • 4/24/2014 Practice Pointer: Verifying H-1B Validity Dates on the Electronic I-94
    AILA CSC Liaison Committee practice pointer provides tips for verifying H-1B validity dates considering the new electronic I-94 process at airports and seaports.
    AILA Doc. No. 14042445.
  • 4/24/2014 Practice Pointer: 60-Day Grace Period for F-1 Students
    CSC Liaison Committee practice pointer on the 60-day grace period for F-1 students after completion of a course of study, or other authorized period of post-completion OPT. If USCIS denies, rejects, or revokes an H-1B petition, the student will have the 60-day grace period to depart the U.S.
    AILA Doc. No. 14042444.
  • 4/24/2014 TV Interview: Deportations During Obama's Tenure
    AILA’s Director of Advocacy Greg Chen was interviewed by Voice of America about the Obama Administration’s deportation numbers and enforcement.
    AILA Doc. No. 14042443.
  • 4/24/2014 Article: Undocumented Immigrants Are Lawyering Up
    In this National Journal article AILA Executive Director Crystal Williams discusses the possible reasons why an increased percentage of immigrants have legal representation in immigration court proceedings than in years past.
    AILA Doc. No. 14042442.
  • 4/24/2014 Twelve Open-Ended Questions to Ask in an Employment Interview
    Questions that reveal behavior, personality and character are more productive than questions that just reveal technical skills. Kick-start your next batch of employment interviews with these core questions found in this week’s practice success tip.
    AILA Doc. No. 14042441.
  • 4/24/2014 TN Checklist Received at Local AILA CBP Liaison Meeting in Buffalo, New York (.pdf 516 KB) Copy of TN checklist received at a local AILA CBP liaison meeting in Buffalo, New York.
    AILA Doc. No. 14042440.
  • 4/24/2014 DHS Memo to DHS Leadership on Departmental Unity of Effort (.pdf 2075 KB) DHS memo from Secretary Johnson, “Strengthening Departmental Unity of Efforts,” on enhancing the effectiveness and unity of DHS operations to better fulfill mission responsibilities, including initial focus areas intended to build organizational capacity to develop action plans and implement change
    AILA Doc. No. 14042461.
  • 4/24/2014 USCIS Reminder of Updates to Change of Address Tool (.pdf 466 KB) USCIS reminder that the Change of Address tool has been updated and is now compatible with more web browsers and will send confirmation of an address change by e-mail. Users can also print completed AR-11s after the process is completed online.
    AILA Doc. No. 14042460.
  • 4/24/2014 Daily Immigration News Clips – April 24, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 24, 2014.
  • 4/23/2014 Your AILA8 for April 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. 14042346.
  • 4/23/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 4/23/2014 S.2195 - United Nations Representatives (.pdf 195 KB) Public Law 113-100 signed on 4/18/2014 by President Obama denying admission to any representative to the United Nations who has been found to have been engaged in espionage activities or a terrorist activity against the United States and poses a threat to United States national security interests.
    AILA Doc. No. 14042345.
  • 4/23/2014 District Court Says Form I-864 Is Separate and Apart from Ante-Nuptial Agreement (.pdf 523 KB) The court found that the Form I-864, affidavit of support, imposed by federal law, is separate from any obligation of support imposed under Maryland law or right to support waived by the parties via an ante-nuptial agreement. Courtesy of Edward Neufville. (Toure-Davis v. Davis, 3/28/14)
    AILA Doc. No. 14042344.
  • 4/23/2014 NSC Liaison Q&As from Business Product Line Teleconference (3/13/14) (.pdf 554 KB) The NSC Liaison Committee’s unofficial Q&As from AILA and other stakeholders from a 3/13/14 teleconference with NSC on business issues. Topics include: I-140 premium processing requests, I-485 basis transfer to new immigrant visa petition, and CARRP processing and attorney communication.
    AILA Doc. No. 14042343.
  • 4/23/2014 BIA Grants Motion to Remand Due to Intervening Marriage to LPR
    Unpublished BIA decision remands record for consideration of voluntary departure due to respondent’s intervening marriage to LPR who intends to file I-130. (Matter of Hernandez, 2/26/14) Special thanks to IRAC.
    AILA Doc. No. 14042341.
  • 4/23/2014 AILA Leadership Blog: The Agents of [Operation] S.H.I.E.L.D.
    AILA Immediate Past President Laura Lichter shares information about the recent successful action by AILA Colorado Chapter members to prevent mandatory NCIC checks of anyone without U.S.-issued identification at the federal courthouse in Denver, Colorado.
  • 4/23/2014 Daily Immigration News Clips – April 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 23, 2014.
  • 4/23/2014 Government Ceases Abusive Violation of Rights at Denver Immigration Court Following Lawsuit by AILA Colorado (Updated 4/23/14) (.pdf 562 KB) Press Release from the AILA Colorado Chapter regarding the result of their petition for an emergency restraining order to stop NCIC checks at the federal courthouse in Denver, Colorado.
    AILA Doc. No. 14041849.
  • 4/23/2014 BIA Remands Record Due to Matter of Sanchez Sosa
    Unpublished BIA decision remands after IJ denied a continuance, and the Board issued Matter of Sanchez Sosa, which set factors for determining if good cause exists to continue removal proceedings to await U visa adjudication. (Matter of Leanos, 2/26/14) Special thanks to IRAC.
    AILA Doc. No. 14042340.
  • 4/22/2014 CBP I-94 FAQs (.pdf 592 KB) CBP posted I-94 frequently asked questions, including what records a traveler has access to, obtaining travel records for previous or expired passports, filing a FOIA request, and the I-94 automation process.
    AILA Doc. No. 14042232.
  • 4/22/2014 Practice Alert: NVC Experiencing High Call Volume
    DOS Liaison Committee alert that NVC’s phone system is experiencing high call volume and many callers have been unable to contact NVC by phone. AILA advises members to call NVC during off-peak times, 7am to 10am (ET) and 8pm to 12am (ET).
    AILA Doc. No. 14042231.
  • 4/22/2014 Your AILA8 for April 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. 14042230.
  • 4/22/2014 CA1 Declines to Reopen Removal Proceedings for Sri Lankan Asylum Seeker (.pdf 517 KB) The court denied the petition to review the denial of the second motion to reopen, finding petitioner did not show that evidence of Sri Lanka’s history of torturing returned asylum seekers was unavailable and undiscoverable at the time of her removal proceedings. (Perera v. Holder, 4/22/14)
    AILA Doc. No. 14042259.
  • 4/22/2014 CA1 Declines to Review Asylum Denial for Colombian Petitioner (.pdf 472 KB) The court held that the Colombian petitioner did not establish past persecution or a well-founded fear of future persecution and thus found the petitioner’s asserted social group of widows of slain narco-traffickers moot. (Moreno v. Holder, 4/18/14)
    AILA Doc. No. 14042257.
  • 4/22/2014 AILA Resources on Secure Communities and ICE Detainers (Updated 4/22/14)
    Updates and resources related to Secure Communities, including AILA press statements, reports, and testimonies.
    AILA Doc. No. 11113063.
  • 4/22/2014 Call for Case Examples: Border Patrol Enforcement Practices
    AILA Advocacy is seeking case examples of clients apprehended by Border Patrol who have strong ties to the U.S. We are trying to gauge the varying circumstances of individuals who come into contact with Border Patrol – at or near the northern or southern borders as well as in the interior.
    AILA Doc. No. 14042258.
  • 4/22/2014 Chicago Chapter – USCIS Chicago Field Office Minutes (4/16/14) (.pdf 902 KB) Minutes from the AILA Chicago Chapter 4/16/14 meeting with the Chicago Field Office. Topics include: Parole in Place processes and procedures, biometrics rescheduling and walk-ins, adjustment of status adjudication and processing times, and CIV-SIT.
    AILA Doc. No. 14042256.
  • 4/22/2014 CA9 Declines to Review Asylum Denial for Chinese Petitioner (.pdf 531 KB) The court found that under In Re J-S-, as a spouse of a victim of a forced abortion or sterilization, a reasonable factfinder would not be compelled to find that the petitioner either resisted China’s one-child policy or had suffered persecution. (He v. Holder, 4/17/14)
    AILA Doc. No. 14042255.
  • 4/22/2014 Thousands Will Receive Help from AILA Members to Apply for Citizenship
    AILA is proud to sponsor the eighth annual Citizenship Day on Saturday, April 26, 2014 to provide assistance to lawful permanent residents eligible for naturalization. This year, the effort will result in more than 50 naturalization clinics in 22 states and the District of Columbia.
    AILA Doc. No. 14042254.
  • 4/22/2014 BIA Reopens Proceedings In Light of Totality of Circumstances
    Unpublished BIA decision grants motion to reopen in light of lack of DHS response, claims of ineffective assistance of counsel, and potential eligibility for relief from removal. (Matter of Reyes, 2/25/14) Special thanks to IRAC.
    AILA Doc. No. 14042253.
  • 4/22/2014 BIA Remands 212(h) Claim Sua Sponte After Ninth Circuit Decision
    Unpublished BIA decision remands sua sponte in light of intervening Ninth Circuit decision holding the 212(h) aggravated felony bar does not apply to applicants who adjusted to LPR status post-entry. (Matter of Lino, 2/25/14) Special thanks to IRAC.
    AILA Doc. No. 14042252.
  • 4/22/2014 DOL Alert: CALJobs Job Order Site Down 4/27 to 5/5
    DOL Liaison Committee advises members that the CalJobs website, which is used to post job orders in California for PERM purposes, will temporarily be unavailable due to maintenance from Sunday, April 27, 2014 to Monday, May 5, 2014.
    AILA Doc. No. 14042251.
  • 4/22/2014 Central Florida Chapter: Orlando and Tampa ICE/ERO Liaison Meeting Minutes (4/3/14) (.pdf 370 KB) Central Florida Chapter minutes from liaison meeting with Orlando and Tampa ICE/ERO on 4/3/14. Topics include: confiscation of green card at port of entry, transfer processes, procedure for posting bond at Tampa and Orlando ICE/ERO. ICE/ERO contact information also attached.
    AILA Doc. No. 14042250.
  • 4/22/2014 2014 Visa Reciprocity Changes (Updated 4/22/14)
    DOS updates the visa reciprocity tables, including updated information for Singapore.
    AILA Doc. No. 14010841.
  • 4/22/2014 AILA DOS Liaison Q&As (4/22/14) (.pdf 719 KB) DOS responses to AILA/DOS liaison Q&As, which address questions relating to visa wait times, administrative processing, Forms DS-160 and DS-260, NVC fee bills, U.K. cautions, ART, H-1B end-client letters, J-1 waivers, endorsement of the I-129S for blanket L cases, and E-2 for Israelis.
    AILA Doc. No. 14041600.
  • 4/22/2014 Central Florida Chapter: ICE/ERO Contact Information for Sub-Offices (.pdf 611 KB) Central Florida Chapter provides ICE/ERO contact information for the Orlando, Jacksonville, Tallahassee, and Tampa Sub-Offices and the Central Florida ISAP Offices. Also includes ERO Miami Field Office bond contact list.
    AILA Doc. No. 14042249.
  • 4/22/2014 EOIR Asylum Statistics FY2009-FY2013 (.pdf 592 KB) EOIR released asylum statistics broken down by fiscal year and nationality for FY2009 through FY2013.
    AILA Doc. No. 14042248.
  • 4/22/2014 MidSouth Chapter: Liaison Meeting Minutes with USCIS (3/27/14) (.pdf 477 KB) MidSouth Chapter liaison minutes from a meeting with USCIS on 3/27/14. Topics include questioning same-sex adjustment applicants at biometrics appointments, DACA cases outside of processing times, submitting RFE responses at the window, and requesting humanitarian reinstatement of an I-130.
    AILA Doc. No. 14042247.
  • 4/22/2014 AILA Resources on Interior Enforcement and Due Process (Updated 4/22/14)
    Effective border security and interior enforcement are essential to a functioning immigration system.
    AILA Doc. No. 12032760.
  • 4/22/2014 Call for Examples: H-1B LCA/O*Net RFEs
    Have you received an RFE for an H-1B petition stating the LCA O*Net classification does not correspond to the H-1B petition? Questioning how wage Level I supports a specialty occupation? An FDNS site visit analyzing LCA O*Net classification compared to the described job duties? AILA wants to know!
    AILA Doc. No. 14033144.
  • 4/22/2014 Call for Examples: PERM Cases Pending 3+ Months Outside Posted Processing Times
    The AILA DOL Liaison Committee is seeking examples of PERM cases that are pending at least three months beyond the posted processing times, whether under analyst review, audit review, or on reconsideration.
    AILA Doc. No. 14042246.
  • 4/22/2014 EB-5 Processing Time Report (4/21/14) (.pdf 543 KB) EB-5 Processing Time Report released on 4/21/14 with updated processing dates as of 2/28/14.
    AILA Doc. No. 14042245.
  • 4/22/2014 National Benefits Center Processing Time Report (4/21/14) (.pdf 554 KB) NBC Processing Time Report released on 4/21/14 with updated processing dates as of 2/28/14. The processing time for I-130 petitions for U.S. citizens filing for spouse, parent, or child under 21 was changed from 8/21/13 to 9/8/13.
    AILA Doc. No. 14042244.
  • 4/22/2014 Vermont Service Center Processing Time Report (4/21/14) (.pdf 664 KB) VSC Processing Time Report released on 4/21/14 with updated processing dates as of 2/28/14.
    AILA Doc. No. 14042243.
  • 4/22/2014 Texas Service Center Processing Time Report (4/21/14) (.pdf 608 KB) TSC Processing Time Report released on 4/21/14 with updated processing dates as of 2/28/14. The processing time for I-130 petitions for U.S. citizens filing for spouse, parent, or child under 21 was changed from 8/21/13 to 9/8/13.
    AILA Doc. No. 14042242.
  • 4/22/2014 Nebraska Service Center Processing Time Report (4/21/14) (.pdf 625 KB) NSC Processing Time Report released on 4/21/14 with updated processing dates as of 2/28/14.
    AILA Doc. No. 14042241.
  • 4/22/2014 California Service Center Processing Time Report (4/21/14) (.pdf 665 KB) CSC Processing Time Report released on 4/21/14 with updated processing dates as of 2/28/14. The processing time for I-130 petitions for U.S. citizens filing for spouse, parent, or child under 21 was changed from 9/4/13 to five months.
    AILA Doc. No. 14042240.
  • 4/22/2014 FY2014 H-2B Cap Count (Updated 4/22/14)
    As of 4/18/14, USCIS receipted 21,047 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 17,969 approved and 3,078 pending beneficiaries.
    AILA Doc. No. 13100840.
  • 4/22/2014 Daily Immigration News Clips – April 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 22, 2014.
  • 4/22/2014 Hurry! Early-Bird Registration for the Annual Conference Ends Tomorrow!
    Save $250 when you register by tomorrow, April 23. This conference is the largest annual gathering of immigration law professionals. Register now and save on this important event!
  • 4/21/2014 CA7 Declines to Review Removal Order for Petitioner with Multiple Identities (.pdf 610 KB) The court denied the petition for review, finding that the BIA did not err by finding that the petitioner, who had multiple identities, did not establish by clear and convincing evidence that he was inspected and admitted into the U.S. (Singh v. Holder, 4/16/14)
    AILA Doc. No. 14042150.
  • 4/21/2014 AILA Resources on Detention (Updated 4/21/14)
    Resources related to detention conditions and policy, including legislation, press statements, and hearings.
    AILA Doc. No. 12011164.
  • 4/21/2014 Your AILA8 for April 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. 14042149.
  • 4/21/2014 District Court Agrees with Third Circuit that Detainers Are Not Mandatory (.pdf 738 KB) The court agreed with the Third Circuit that detainers are not mandatory and found that the county violated the Fourth Amendment by holding the petitioner solely on the basis of the detainer, without determining whether it had probable cause. (Miranda-Olivares v. Clackamas County, 4/11/14)
    AILA Doc. No. 14042148.
  • 4/21/2014 AILA Leadership Blog: Governor O’Malley Moves Baltimore City Away from Secure Communities
    Cynthia Rosenberg, AILA D.C. Chapter Chair, highlights Maryland Governor Martin O’Malley’s recent decision to end the Baltimore City jail’s participation in the “Secure Communities” program and reflects on what this action means for many immigrants and their families.
  • 4/21/2014 Practice Alert: RFEs for Expiring Medical Exams
    AILA practice alert notifying members that effective June 1, 2014, certain Forms I-693 submitted to USCIS in connection with adjustment of status applications more than one year prior will no longer be valid. RFEs are being sent out in anticipation of a change in policy.
    AILA Doc. No. 14042146.
  • 4/21/2014 AAO Processing Time Report (4/1/14) (.pdf 540 KB) AAO Processing Times as of April 1, 2014.
    AILA Doc. No. 14042145.
  • 4/21/2014 DOS FY2013 Annual Report on Intercountry Adoptions (.pdf 653 KB) DOS released FY2013 Annual Report on intercountry adoptions, including tables with the number of intercountry adoptions in FY2013 involving immigration to the U.S. broken down by country.
    AILA Doc. No. 14042144.
  • 4/21/2014 OSC Settles Immigration-Related Discrimination Claim Against Potter Concrete (.pdf 570 KB) OSC settlement with Potter Concrete, resolving claims that it engaged in a pattern or practice of document abuse in violation of the INA, by subjecting non-U.S. citizen hires to unlawful demands for specific documentation to verify employment eligibility. Investigation was based on USCIS referral.
    AILA Doc. No. 14042143.
  • 4/21/2014 Problems Getting Texas Service Center to Recognize Your G-28? AILA Wants to Know!
    AILA is collecting examples of cases in which the attorney has had problems getting TSC to recognize a properly completed G-28. Please send us your examples by April 30, 2014.
    AILA Doc. No. 14042142.
  • 4/21/2014 Daily Immigration News Clips – April 21, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 21, 2014.
  • 4/21/2014 AILA Resources on Deportation Numbers
    In recent months conflicting accounts of President Obama’s record on enforcement, specifically removal numbers, have been confusing the media, decision makers and advocates. Here AILA provides analysis of those numbers to help bring clarity to the situation.
    AILA Doc. No. 14042147.
  • 4/21/2014 DOL Extension of Comment Request Period on Form ETA-750 Revisions
    DOL notice of extension of public comment period on revisions to Form ETA-750, Application for Alien Employment Certification, used to collect information about professional athletes with labor certifications filed on their behalf. Comments will be accepted until 5/21/14. (79 FR 22159, 4/21/14)
    AILA Doc. No. 14042141.
  • 4/21/2014 Deadline! Early-Bird Registration for the Annual Conference Ends This Wednesday
    Save $250 when you register by this Wednesday, April 23. The Annual Conference is the largest annual gathering of immigration law professionals and is a can't-miss event for immigration lawyers!
  • 4/21/2014 District Court Rejects H-1B Status for Public Relations Specialist (.pdf 504 KB) The court found no error in USCIS’s decision that an entry-level Public Relations Specialist was not a specialty occupation, rejecting the argument that a general bachelor degree requirement is sufficient to render the position specialized enough for H-1B status. (CareMax v. Holder, 4/16/14)
    AILA Doc. No. 14042140.
  • 4/20/2014 USCIS Comment Request on Forms I-600 and I-600A
    USCIS 60-day notice of comment request on Petition to Classify Orphan as an Immediate Relative (Form I-600), Application for Advance Processing of Orphan Petition (Form I-600A), and Listing of Adult Member of the Household (Supplement 1). Comments are due 6/16/14. (79 FR 21784, 4/17/14)
    AILA Doc. No. 14042043.
  • 4/20/2014 DOL FAQs on Staggered Crossing of Seafood Industry H-2B Workers (.pdf 499 KB) DOL FAQs on the implementation of a provision permitting entry of H-2B workers employed by employers in the seafood industry at any time during the 120 day period on or after the employer’s certified start date of need, if certain other conditions are met. Provision expires on 9/30/14.
    AILA Doc. No. 14042042.
  • 4/20/2014 DOL Alert on Staggered Crossing of Seafood Industry H-2B Workers (.pdf 548 KB) DOL alert that the Consolidated Appropriations Act of 2014 included a provision permitting staggered entry of H-2B workers employed by employers in the seafood industry under certain conditions. Provision expires on 9/30/14.
    AILA Doc. No. 14042041.
  • 4/20/2014 Your AILA8 for April 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. 14042040.
  • 4/18/2014 AILA Quicktake #70: DACA Renewals
    As many of the first young immigrants who applied for DACA are looking at renewal, AILA Immediate Past President Laura Lichter shares important information about the upcoming process.
    AILA Doc. No. 14041850.
  • 4/18/2014 AILA New Members Division E-News, April 2014 (Vol. 6, Issue 2)
    This latest edition brings you expert practice tips related to flat fees, affirmative asylum, unannounced DHS site visits, DOMA, and overcoming language barriers in court.
    AILA Doc. No. 14041851.
  • 4/18/2014 BIA on “Lawful Status” Requirement and Renewed Adjustment Applications
    Unpublished BIA decision states that applicants who renew adjustment application in removal proceedings need not have maintained “lawful status” if requirement was met when application was originally filed with USCIS. (Matter of Lee, 3/27/14) Special thanks to IRAC.
    AILA Doc. No. 14041548.
  • 4/18/2014 SEVP Deploys First Group of Field Representatives (.pdf 532 KB) The Student and Exchange Visitor Program (SEVP) deployed the first group of 15 representatives who will serve as direct day-to-day liaisons between SEVP and certified schools, and with those schools seeking initial SEVP certification. SEVP plans to deploy 60 field representatives nationwide.
    AILA Doc. No. 14041848.
  • 4/18/2014 Daily Immigration News Clips – April 18, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 18, 2014.
  • 4/18/2014 EOIR 1-800 Number and Computer Systems Outage
    EOIR alert that it is currently experiencing a systems outage involving several computer applications including eRegistration and the telephonic case information system (the 1-800 phone number). EOIR hopes to have the situation resolved in the near future.
    AILA Doc. No. 14041847.
  • 4/18/2014 Updated Asylum Division Officer Training Course on Credible Fear Determinations (.pdf 1005 KB) Updated lesson plan on credible fear determinations for the USCIS Asylum Division Officer Training Course.
    AILA Doc. No. 14041846.
  • 4/18/2014 USCIS Asylum Division Memo Releasing Revised Credible Fear Lesson Plan (.pdf 820 KB) USCIS memo releasing a revised credible fear lesson plan for its officer training course. The changes are made in light of an increase in credible fear referrals and include increased emphasis on the requirement for individuals to “demonstrate a substantial and realistic possibility of succeeding.”
    AILA Doc. No. 14041845.
  • 4/18/2014 DOL Alert that OFLC No Longer Has LCA Employer Records Older a Than Five Years (.pdf 549 KB) DOL alert that OFLC no longer has access to employer H-1B, H-1B1, or E-3 application records that are beyond the retention period of five years from the date of final determination or final action and will no longer respond to inquiries regarding LCA applications issued in 2008 or earlier.
    AILA Doc. No. 14041844.
  • 4/18/2014 DOL Alert: iCERT and PERM Systems Unavailable on 5/3/14 (Updated 4/18/14)
    DOL alert that both the iCERT and PERM systems will be unavailable on 5/3/14 between 6am and 8pm Eastern Time.
    AILA Doc. No. 10101531.
  • 4/18/2014 USCIS Reminder of 5/2/14 Deadline for Haitian TPS Re-registration (.pdf 508 KB) USCIS reminder that eligible Haitian nationals who currently have TPS must re-register by 5/2/14. Because some new EADs may not arrive until after the expiration date of current EADs, USCIS is automatically extending current TPS Haiti EADs with a 7/22/14 expiration for an additional six months.
    AILA Doc. No. 14041843.
  • 4/18/2014 TRO Request Filed by AILA Colorado Chapter to Stop NCIC Checks at Courthouse (.pdf 642 KB) The AILA Colorado Chapter filed a petition for an emergency temporary restraining order to enjoin DHS Federal Protective Services from conducting National Crime Information Center (NCIC) checks on individuals entering a federal building in Denver. (Kolko v. Hale, 4/16/14)
    AILA Doc. No. 14041842.
  • 4/18/2014 D.C. DMV to Begin Issuing Limited Purpose Credential (.pdf 549 KB) Effective 5/1/14, the District of Columbia will begin issuing a Limited Purpose credential, which will be issued to individuals without a social security number and will be marked “not for federal official purposes”.
    AILA Doc. No. 14041841.
  • 4/18/2014 DOL Committee Survey: PERM Withdrawals following Supervised Recruitment
    The DOL Liaison Committee is surveying the reasons why employers elect to withdraw a PERM application following a request for supervised recruitment. If you have any questions, please e-mail reports@aila.org.
    AILA Doc. No. 14022140.
  • 4/18/2014 CA9 Declines to Review Withholding and CAT Denial for Dominican Petitioner (.pdf 527 KB) The court held substantial evidence supported the BIA’s adverse credibility determination based on petitioner’s various lies to U.S. officials and to the district court judge, especially about her identity and country of origin. (Garcia v. Holder, 4/16/14)
    AILA Doc. No. 14041840.
  • 4/17/2014 AILA Meeting Notes Cited in Favorable BALCA Decision (.pdf 306 KB) Citing AILA’s notes from the April 2013 DOL stakeholder meeting and noting that the CO did not file an opposition, BALCA granted certification where the denial questioned the employee referral program due to the small size and makeup of the company. (Matter of Celmac Tech. Services, 4/15/14)
    AILA Doc. No. 14041707.
  • 4/17/2014 Your AILA8 for April 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. 14041708.
  • 4/17/2014 NSC Liaison Q&As from Asylum and Refugee Product Line Teleconference (4/10/14) (.pdf 474 KB) The NSC Liaison committee’s unofficial Q&As from AILA and other stakeholders from a 4/10/14 teleconference with NSC on asylum and refugee issues. Topics include marriage certificates for Burmese refugees, I-730 processing responsibility, and consular return of I-730 petitions.
    AILA Doc. No. 14041706.
  • 4/17/2014 NSC Practice Pointer: Getting Travel Documents Sent to Attorney of Record
    The Nebraska Service Center (NSC) Committee reminds AILA members that the NSC no longer sends travel documents to the attorney of record unless the I-131 specifically designates the attorney address as the address to which the document is to be sent.
    AILA Doc. No. 14041705.
  • 4/17/2014 Daily Immigration News Clips – April 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 17, 2014.
    AILA Doc. No. 14041704.
  • 4/17/2014 Imagine Your Perfect Client…
    Go ahead, sit back, take a deep breath and think about your perfect client—from start to finish. In this Practice Success Tip, use your imagination of the perfect client as the foundation to develop a plan that attracts and retains good clients.
    AILA Doc. No. 14041703.
  • 4/17/2014 AILA Q&As with U.S. Consulate, Ciudad Juarez (12/10/13) (.pdf 645 KB) AILA provides Q&As and supplemental notes from their meeting with the U.S. Consulate in Ciudad Juarez. Topics include general procedures, communication, medical exams, Application Support Center, administrative processing, G-28s, I-601s, I-212s, provisional waiver processing, and inadmissibility.
    AILA Doc. No. 14041702.
  • 4/17/2014 USCIS H-1B Premium Processing to Begin April 28, 2014 (.pdf 605 KB) USCIS alert that on 4/28/14 it will begin premium processing for H-1B petitions subject to the FY2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher.
    AILA Doc. No. 14041701.
  • 4/17/2014 CIS Ombudsman Teleconference on H-2 Nonimmigrant Program and Adjudication Issues (.pdf 534 KB) CIS Ombudsman stakeholder teleconference on 4/30/14 to discuss the H-2 nonimmigrant program for temporary and seasonal workers and adjudication issues. Registration information included.
    AILA Doc. No. 14041700.
  • 4/16/2014 Your AILA8 for April 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. 14041657.
  • 4/16/2014 USCIS Blog on E-Verify and Form I-9 Videos
    USCIS blog on recently-released videos explaining E-Verify and Form I-9 for employers and workers.
    AILA Doc. No. 14041656.
  • 4/16/2014 USCIS Teleconference on Administrative Site Visit and Verification Program for L-1 Visas (.pdf 578 KB) USCIS invitation to a stakeholder teleconference on 4/24/14 to discuss the extension of the Administrative Site Visit and Verification Program to L-1 visas. USCIS will share information about the history of the program and its implementation, and also will be available to answer questions.
    AILA Doc. No. 14041656.
  • 4/16/2014 DOL Practice Alert: Listing Employee Qualifications in PERM Section K (.pdf 613 KB) AILA DOL Liaison Committee practice alert advises members of the need to list the employee’s qualifications in Section K of the ETA 9089 based on requirements listed in Section H that are not gained through prior work experience, such as a license, professional certificate, or board certification
    AILA Doc. No. 14041655.
  • 4/16/2014 EOIR FY2013 Statistics Yearbook (.pdf 14123 KB) EOIR FY2013 statistics yearbook with data on the Immigration Courts, BIA, and OCAHO. The yearbook, an annual compilation of data on respondents’ cases by nationality, language, and disposition, and provides detailed information surrounding asylum cases, used a new statistical methodology for FY2013.
    AILA Doc. No. 14041654.
  • 4/16/2014 CA5 Finds Petitioner Ineligible to Adjust under §245(i) Due to Fraudulent Entry (.pdf 553 KB) The court denied the petition for review, finding no error in the BIA’s determination that petitioner was statutorily ineligible for adjustment of status under INA §245(i) because she was inadmissible under INA § 212(a)(6)(C)(i) for fraudulent entry. (Sattani v. Holder, 4/14/14)
    AILA Doc. No. 14041649.
  • 4/16/2014 AILA Leadership Blog: Could Religion Be the Common Ground for Immigration Reform?
    AILA Secretary Anastasia Tonello looks at how immigration reform has brought together leaders of varying faiths noting, “Perhaps religion, which we too often see as a source of division, can this time serve as a bridge to unite us and serve as a basis and foundation for immigration reform.”
    AILA Doc. No. 14041644.
  • 4/16/2014 AILA Analysis of Deportation Figures (.pdf 808 KB) AILA analysis of deportation numbers from FY2002 to FY2012 showing the increase in removals at a time of decrease in apprehensions.
    AILA Doc. No. 14041640.
  • 4/16/2014 2014 AILA Chicago Chapter Ethics Conference (5/2/14) (.pdf 496 KB) May 2, 2014
    8:00 am to 1:00 pm
    Chicago Bar Association
    321 S. Plymouth Ct.
    Chicago, IL 60604

    This event is being presented by AILA's Chicago Chapter. This event is not being organized by the AILA National Office.
    AILA Doc. No. 14041607.
  • 4/16/2014 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.
  • 4/16/2014 CRS Report on Unlawfully Present Individuals and State-Issued IDs (.pdf 799 KB) Congressional Research Service (CRS) report on individuals who are present in the U.S. in violation of federal immigration laws and their eligibility for driver’s licenses and other forms of state-issued identification documents.
    AILA Doc. No. 14041605.
  • 4/16/2014 Direct EB-5 Investment: The Murky Areas (.pdf 610 KB) EB-5 practice pointer alerts attorneys to unanswered questions relating to EB-5 direct investment cases and offers suggestions for resolving them.
    AILA Doc. No. 14041604.
  • 4/16/2014 Daily Immigration News Clips – April 16, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 16, 2014.
    AILA Doc. No. 14041603.
  • 4/16/2014 USCIS Invitation to Teleconference on EB-5 Regulatory Changes (.pdf 585 KB) USCIS invitation to a stakeholder teleconference on 4/23/14 to discuss future regulatory changes for the EB-5 Immigrant Investor Program. Feedback is requested on combating fraud and abuse, improving current regulations, and substantive eligibility and procedural filing requirements.
    AILA Doc. No. 14041602.
  • 4/16/2014 AILA NBC Liaison Committee Meeting Minutes (10/31/13) (.pdf 658 KB) Meeting minutes from the AILA NBC Liaison Committee’s 10/31/13 meeting with the National Benefits Center, including information on stand-alone I-130 processing; I-601A provisional waiver statistics, adjudications, and RFEs; interview waiver adjustment of status; and processing times.
    AILA Doc. No. 14041601.
  • 4/16/2014 AILA Pro Bono Heroes Recognition Program (Updated 4/16/14)
    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.
  • 4/15/2014 CA9 Declines to Review Asylum and Withholding Denial for Chinese Petitioner (.pdf 535 KB) The court held substantial evidence supported BIA’s reasonable determination that petitioner was not credible under the totality of the circumstances, including his non-responsive demeanor during cross-examination and affirmative misrepresentations of his residency. (Jin v. Holder, 4/14/14)
    AILA Doc. No. 14041550.
  • 4/15/2014 CRS Report on Unlawfully Present Students and Higher Education (.pdf 778 KB) Congressional Research Service (CRS) report on unlawfully present students and a legal analysis of higher education, in-state tuition, and financial aid as it relates to DREAMers.
    AILA Doc. No. 14041549.
  • 4/15/2014 Free This Month on Agora
    Various burdens of proof can make the difference between winning and losing your case; prepare yourself with this month's free Agora resources. Also free; read about the legal and practical issues surrounding the general authorization for admission for nonimmigrants under §212(d)(3)(A) of the INA.
  • 4/15/2014 Your AILA8 for April 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. 14041547.
  • 4/15/2014 Call for Examples: 2014 L-1B Specialized Knowledge Denials
    The American Immigration Council and AILA are seeking examples of L-1B petition denials issued in 2014 based on USCIS’s conclusion that the beneficiary did not possess “specialized knowledge.” Please send us your examples by April 30, 2014.
    AILA Doc. No. 14030544.
  • 4/15/2014 AILA Announces First Quarter of 2014’s Pro Bono Heroes Honorees
    AILA’s National Pro Bono Services Committee is pleased to announce the honorees for the first quarter of 2014 of the AILA Pro Bono Heroes Recognition program. Congratulations to all who were nominated, and kudos on all of your great work!
    AILA Doc. No. 14041546.
  • 4/15/2014 Mark Your Calendar and Register for These Mid-May CLE Seminars.
    May 13 Web Seminar: The Intersection of Export Control Regulations & Immigration Law. May 15 Web Seminar: Perplexing PERM Issues—Secrets from Experienced Practitioners, May 20 Audio Seminar: Child Status Protection Act: Retaining Your Sanity. May 22 Web Seminar: H-1B Cap Cases: RFE Trends.
  • 4/15/2014 Call to All AILA Members: Questions Sought for 5/8/14 NSC Stakeholder Teleconference
    The NSC Liaison Committee requests questions for an upcoming stakeholder teleconference with NSC on students, schools, and other issues. Please send non-case specific items by end of business on 4/24/14.
    AILA Doc. No. 14041545.
  • 4/15/2014 USCIS Extension of Comment Request on Form I-821D (Updated 4/15/14)
    USCIS 30-day extension of information collection on Form I-821D, Consideration of Deferred Action for Childhood Arrivals. Comments are now due on 5/5/14. USCIS correction issued to add e-Docket ID, due date remains unchanged. (79 FR 18925, 4/4/14) (79 FR 21257, 4/15/14)
    AILA Doc. No. 14040449.
  • 4/15/2014 USCIS Invitation to NSC Stakeholder Teleconference on Students, Schools, and Other Issues
    USCIS invitation to a 5/8/14 NSC stakeholder teleconference on students, schools, and other issues. Registration information to be provided.
    AILA Doc. No. 14041544.
  • 4/15/2014 Central Florida Chapter: Miami Immigration Court Contact Information (4/10/14) (.pdf 495 KB) Central Florida Chapter provides Miami Immigration Court clerical assignments and contact information as of April 10, 2014.
    AILA Doc. No. 14041543.
  • 4/15/2014 Central Florida Chapter: ICE/ERO Broward Transitional Center Contact Information (January 2014) (.pdf 475 KB) Central Florida Chapter provides ICE/ERO docket assignments, including contact information, for the Broward Transitional Center in Pompano Beach, Florida, as of January 2014.
    AILA Doc. No. 14041542.
  • 4/15/2014 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.
  • 4/15/2014 District Court Permanent Injunction Against Operators of Immigration Services Scam (.pdf 530 KB) The court issued a permanent injunction against operators of a Baltimore-based immigration services scam, ordering them to pay as much as $616,000 in refunds and banning the defendants permanently from providing immigration services. (FTC v. Loma International Business Group Inc., 3/24/14)
    AILA Doc. No. 14041541.
  • 4/15/2014 U.S. Embassies and Consulates Unable to Accept Credit Card Payments
    USCIS alert that U.S. Embassies and Consulates around the world are unable to accept credit card payments at this time. As DOS processes USCIS petition fees for overseas USCIS Field Offices, payment by credit card will not be available until DOS resumes that service. Fees can be paid locally.
    AILA Doc. No. 14041540.
  • 4/15/2014 Daily Immigration News Clips – April 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 15, 2014.
  • 4/14/2014 Your AILA8 for April 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. 14041447.
  • 4/14/2014 Video: AILA's National Day of Action 2014
    Thursday, April 10th, hundreds of AILA members from around the country descended on Washington D.C. for our 2014 National Day of Action. Hear what members have to say as they took on the House to fight for comprehensive immigration reform.
    AILA Doc. No. 14041446.
  • 4/14/2014 EOIR 1-800 Number and Computer Systems Outage (.pdf 480 KB) EOIR alert that it is currently experiencing a systems outage involving several computer applications including eRegistration and the telephonic case information system (the 1-800 phone number). EOIR hopes to have the situation resolved in the near future.
    AILA Doc. No. 14041445.
  • 4/14/2014 Daily Immigration News Clips – April 14, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 14, 2014.
  • 4/14/2014 DOL Statistics on H-2Bs from Second Quarter of FY2014 (.pdf 578 KB) DOL’s OFLC statistics on H-2Bs as of 3/31/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14041444.
  • 4/14/2014 DOL Statistics on H-2As from Second Quarter of FY2014 (.pdf 560 KB) DOL’s OFLC statistics on H-2As as of 3/31/14, including number of applications received, top states and employers, as well as the status of applications processed.
    AILA Doc. No. 14041443.
  • 4/14/2014 DOL Statistics on H-1Bs from Second Quarter of FY2014 (.pdf 580 KB) DOL’s OFLC statistics on H-1Bs as of 3/31/14, including number of labor condition applications (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 timely processed.
    AILA Doc. No. 14041442.
  • 4/14/2014 DOL Statistics on PWDs from Second Quarter of FY2014 (.pdf 539 KB) DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 3/31/14, 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. 14041441.
  • 4/14/2014 DOL Statistics on PERM Program from Second Quarter of FY2014 (.pdf 535 KB) DOL’s OFLC statistics on the PERM program as of 3/31/14, 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. 14041440.
  • 4/11/2014 Video: Introducing the New and Improved AILALink!
    This week, AILA released a revamped version of its online research database. AILA's Executive Director, Crystal Williams, shares the new features.
    AILA Doc. No. 14041145.
  • 4/11/2014 AIM: Mental Health and Detention
    For April's AILA Interview of the Month (AIM), immigration attorney and AILA member Rebecca Rojas joins us on Skype from Atlanta, Georgia, to discuss mental health and detention.
    AILA Doc. No. 14041144.
  • 4/11/2014 Your AILA8 for April 11, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14041143.
  • 4/11/2014 AILA Quicktake #69: H-1B Visa Cap
    AILA Director of Liaison Betsy Lawrence discusses the H-1B visa cap. Yesterday, U.S. Citizenship and Immigration Services announced that on the first day it can count petitions, USCIS has received more than enough to reach the 85,000 maximum H-1B visas that are available in fiscal year 2015.
    AILA Doc. No. 14041146.
  • 4/11/2014 BIA Administratively Closes Proceedings After Grant of DACA
    Unpublished BIA decision grants motion to administratively close proceedings in light of grant of DACA application and to sever proceedings with respondent’s mother. (Matter of Gonzalez, 2/21/14) Special thanks to IRAC.
    AILA Doc. No. 14041142.
  • 4/11/2014 BIA Reopens Proceedings Due to Attorney Advice Not to Attend Hearing
    Unpublished BIA decision reopens proceedings at which respondent was removed in absentia upon finding attorney's advice that he need not attend hearing constituted exceptional circumstances justifying his failure to appear. (Matter of Macal-Ventura, 2/20/14) Special thanks to IRAC.
    AILA Doc. No. 14041141.
  • 4/11/2014 BIA Finds IJ Failed to Provide Required Biometrics Warnings
    Unpublished BIA decision remands record because IJ deemed respondent’s TPS application abandoned without providing required warnings under 8 CFR 1003.47(d) regarding failure to provide biometrics. (Matter of Alfaro, 2/20/14) Special thanks to IRAC.
    AILA Doc. No. 14041140.
  • 4/11/2014 USCIS Invitation to O and P Stakeholder Event (.pdf 587 KB) USCIS invitation to a stakeholder meeting about the O and P nonimmigrant visa programs on 4/17/14. Input provided will contribute to the ongoing work of USCIS’ Executives in Residence initiative on the performing arts and entertainment industries. In-person and teleconference options are available.
    AILA Doc. No. 14041160.
  • 4/11/2014 Daily Immigration News Clips – April 11, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 11, 2014.
  • 4/10/2014 DOL Alert: iCERT LCA Problems - DOL Aware and Working to Fix (Updated 8:30pm)
    DOL is working to fix the “denial warning” issue that members have reported receiving relating to Step 5, when attempting to submit LCAs on iCERT. In the meantime, DOL reports that the error message is “false,” and should not result in the LCA being denied.
    AILA Doc. No. 14041049.
  • 4/10/2014 CRS Report on Refugee Admissions and Resettlement Policy (.pdf 753 KB) Congressional Research Service (CRS) report on refugee admissions and resettlement policy, including FY2014 refugee ceiling and allocations, refugee processing priorities, admissibility of refugees, and special refugee provisions.
    AILA Doc. No. 14041051.
  • 4/10/2014 Your AILA8 for April 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. 14041050.
  • 4/10/2014 TRAC Report on ICE Deportation Data by Gender, Age, and Country of Citizenship
    Transactional Records Access Clearinghouse (TRAC) report on FY2012 and FY2013 deportation counts by gender, age, and nationality for all countries.
    AILA Doc. No. 14041048.
  • 4/10/2014 USCIS Received Around 172,500 H-1B Petitions and Completed Random Selection Process (.pdf 543 KB) USCIS press release stating that they received approximately 172,500 H-1B petitions during the FY2015 filing period and completed the computer-generated random selection process on 4/10/14 to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption.
    AILA Doc. No. 14041062.
  • 4/10/2014 USCIS Changes International District Names (.pdf 466 KB) USCIS message that effective 4/10/14, USCIS international district offices will have new names that more descriptively convey the jurisdictions the districts cover. The district offices will remain in their current locations of Bangkok, Rome, and Mexico City.
    AILA Doc. No. 14041047.
  • 4/10/2014 USCIS Webinar on Immigration Relief for Victims of Human Trafficking and Other Crimes (.pdf 759 KB) USCIS invitation to a 4/16/14 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.
  • 4/10/2014 USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 4/10/13)
    USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 4/9/14 with information on renewals. FAQs were last updated on 1/18/13.
    AILA Doc. No. 12080365.
  • 4/10/2014 Mark Your Calendar and Register for These Early May CLE Seminars
    May 1 Audio Seminar: Expanding the Availability of INA §212(h). May 6 Web Seminar: Is ‘In Lieu’ Dead or Alive? Appropriate Usages of the B-1. May 8 Audio Seminar: What to Do When Your Client Gets Arrested for a Criminal Matter.
  • 4/10/2014 BIA Requires DHS to Disclose Records of Prior TPS Applications
    Unpublished BIA decision remands record because IJ failed to adequately address respondent's TPS claim and requires DHS to submit administrative record on remand regarding prior TPS applications. (Matter of Tunis, 2/20/14) Special thanks to IRAC.
    AILA Doc. No. 14041045.
  • 4/10/2014 BIA Remands Record Because IJ Incorporated Prior Findings “By Reference” in Decision
    Unpublished BIA decision remands for new decision were IJ’s discussion of DHS burden of proof was contained in transcript, incorporated “by reference” into the decision, and provided an insufficient basis for a meaningful review. (Matter of Kim, 2/19/14) Special thanks to IRAC.
    AILA Doc. No. 14041044.
  • 4/10/2014 BIA Upholds Grant of Adjustment Despite Numerous Criminal Convictions
    Unpublished BIA decision upholds grant of adjustment over DHS arguments that respondent was controlled substance trafficker, committed fraud at removal hearing, and did not merit favorable exercise of discretion. (Matter of R-P-, 2/19/14) Special thanks to IRAC.
    AILA Doc. No. 14041043.
  • 4/10/2014 You Won’t Learn This in Law School
    Ask yourself “How would I like that?”—would you buy from you, work for you? This week’s Practice Success Tip highlights six great business concepts that every immigration lawyer should know.
    AILA Doc. No. 14041042.
  • 4/10/2014 DOS Request for Comments on FY2015 Refugee Admissions Program
    DOS notice of public comments on FY2015 U.S. Refugee Admission Program, including request for comments on the appropriate size and scope of the FY2015 program. Comments are due by 5/29/14. (79 FR 19958, 4/10/14)
    AILA Doc. No. 14041041.
  • 4/10/2014 DOS Notice of Designation of Ansar Bayt al-Maqdis as Foreign Terrorist Organization
    DOS notice of the determination of Ansar Bayt al-Maqdis (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 19958, 4/10/14)
    AILA Doc. No. 14041040.
  • 4/10/2014 Daily Immigration News Clips – April 10, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 10, 2014.
  • 4/10/2014 USCIS Message on 30-Day Comment Period for Revised Form I-821D (.pdf 473 KB) USCIS message on the publication of a 30-day notice in the Federal Register inviting public comment on the revised version of the Form I-821D. USCIS will issue the final revised Form I-821D after the public comment period is over, the comments are addressed, and the form is approved.
    AILA Doc. No. 14041060.
  • 4/9/2014 H.R. 1773 – The Agricultural Guestworker Act (Updated 4/9/14)
    On 04/26/13 Rep. Goodlatte (R-VA) introduced H.R. 1773 “The Agricultural Guestworker Act” of 2013. AILA Doc. No. 13042953.
    AILA Doc. No. 13042953.
  • 4/9/2014 AILA Resources on the Border (Updated 12/19/13)
    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.
  • 4/9/2014 Your AILA8 for April 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. 14040952.
  • 4/9/2014 CA7 Declines to Review Withholding Denial for Mexican Petitioner Fleeing Abusive Wife (.pdf 1059 KB) The court held that the BIA did not err by finding that the petitioner failed to identify “persons who face persecution by corrupt governmental and law enforcement authorities instigated by a politically connected spouse” as a valid social group. (Ruiz-Cabrera v. Holder, 4/8/14)
    AILA Doc. No. 14040951.
  • 4/9/2014 Call for Examples: Adjustment of Status Following Travel on Advance Parole
    Have a client who filed for AOS after traveling on advance parole? AILA is gathering examples to determine how USCIS is implementing Matter of Arrabally and Yerrabelly in the adjudication of adjustment applications and whether clients are experiencing problems returning on advance parole.
    AILA Doc. No. 14040942.
  • 4/9/2014 AILA Board of Governors Meeting Materials (4/12/14) (.pdf 3831 KB) The April 12, 2014 AILA Board of Governors Agenda has been revised. The topics are the same; only the order has changed.
    AILA Doc. No. 14040440.
  • 4/9/2014 The Ultimate Resource on Immigration Law
    Immigration attorneys, judges, and government officials agree that Kurzban’s Immigration Law Sourcebook is the ultimate resource for the practice and interpretation of U.S. immigration law. Accurate and concise analysis makes this publication as accessible as it is authoritative.
  • 4/9/2014 AILA Websites Safe from Heart Bleed Security Flaw
    All the sites that make up AILA's online presence (InfoNet, Agora, Message Center. AILALink, AILALawyer) are safe from the security flaw known as Heart Bleed
  • 4/9/2014 DOS Final Rule on Visa and Passport Requirements for Members of Armed Forces and Coast Guards of Foreign Countries
    DOS final rule amending regulations regarding the waiver by consular and immigration officers of visa and passport requirements for members of foreign armed forces and coast guards, including the removal of the list of countries who are ineligible for a waiver. (79 FR 19288, 4/8/14)
    AILA Doc. No. 14040950.
  • 4/9/2014 BIA Upholds Treatment of Returning LPR as Applicant for Admission
    Unpublished BIA decision holds over dissenting opinion that respondent alleged to have fraudulently obtained LPR status was properly charged as applicant for admission upon returning from travel abroad. (Matter of Alcaraz, 2/18/14) Special thanks to IRAC.
    AILA Doc. No. 14040949.
  • 4/9/2014 BIA Terminates Proceedings Against Respondent Who Raised Constitutional Challenges
    Unpublished BIA decision grants joint motion to terminate proceedings against respondent who argued that he was unlawfully held under immigration detainer and that removal would be constitutionally disproportionate. (Matter of Villanueva, 2/18/14) Special thanks to IRAC.
    AILA Doc. No. 14040948.
  • 4/9/2014 BIA Says Diligence in Filing Could be Factor in Reopening Cases Sua Sponte
    Unpublished BIA decision declines to reopen sua sponte under Carachuri-Rosendo v. Holder but says “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” (Matter of Alvarado, 2/14/2014) Special thanks to IRAC.
    AILA Doc. No. 14040947.
  • 4/9/2014 Immigration Law Advisor, March 2014 (Vol. 8, No. 3) (.pdf 636 KB) Immigration Law Advisor, a legal publication from EOIR, with articles on the doctrine of command responsibility and its applicability to foreign military commanders, summary of circuit court and BIA precedent decisions for February 2014, and a regulatory update.
    AILA Doc. No. 14040946.
  • 4/9/2014 USCIS Message on Redesign of SAVE System (.pdf 497 KB) USCIS alert that it is completed the first phase of the redesign of the SAVE system, which now has a new home page layout, “Quick Links” navigation, and redesigned data entry pages for clearer directions and notification.
    AILA Doc. No. 14040945.
  • 4/9/2014 The Staggering Cost of Employer Noncompliance
    In VOICE, AILA member Christine Mehfoud emphasizes the importance of spending a little to implement a proper immigration compliance program to stave off stiff fines and prison terms. For more on the basics of employer sanctions, purchase AILA’s Annual Conference recording on Employer Sanctions.
  • 4/9/2014 Visa Bulletin for May 2014 (.pdf 135 KB) DOS Visa Bulletin for May 2014. Visa bulletin reflects continued forward movement in both the family and employment-based categories.
    AILA Doc. No. 14040944.
  • 4/9/2014 USCIS Policy Manual Update on Civil Surgeon Applications (.pdf 525 KB) USCIS notice of a technical update to the USCIS Policy Manual to clarify than an applicant for civil surgeon designation must, at a minimum, submit a copy of their medical degree.
    AILA Doc. No. 14040943.
  • 4/9/2014 Daily Immigration News Clips – April 9, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 9, 2014.
  • 4/9/2014 AILA Amicus Brief in First Circuit on Mandatory Detention Under §236(c) (.pdf 635 KB) AILA amicus brief filed with the First Circuit Court of Appeals, arguing that mandatory detention under INA §236(c) does not apply to noncitizens taken into immigration custody well after being released from the predicate criminal custody.
    AILA Doc. No. 14040941.
  • 4/9/2014 AILA Amicus Urges Court to Hold Asylum Is Available to Individuals Subject to Reinstatement (.pdf 552 KB) AILA amicus brief filed with the Ninth Circuit Court of Appeals, arguing that any noncitizen arriving or physically present in the U.S. is eligible to apply for asylum notwithstanding whether he has returned after removal or departure under a removal order.
    AILA Doc. No. 14040940.
  • 4/9/2014 USCIS Reminder to Use Revised I-290B (.pdf 489 KB) USCIS reminder that after 4/5/14, only the revised Form I-290B, Notice of Appeal or Motion, with an edition date of 1/23/14, will be accepted.
    AILA Doc. No. 14040960.
  • 4/8/2014 Your AILA8 for April 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. 14040844.
  • 4/8/2014 BIA Finds Nevada Attempted Possession of Stolen Vehicle Is Not an Aggravated Felony (.pdf 502 KB) The BIA sustained the appeal and remanded, finding that attempted possession of a stolen vehicle under Nevada law, which requires a mental state of “reason to believe,” is not categorically an aggravated felony under INA §§ 101(a)(43)(G) and (U). Matter of Sierra, 26 I&N Dec. 288 (BIA 2014).
    AILA Doc. No. 14040843.
  • 4/8/2014 AILA Federal Court Litigation Section Conference Call (4/30/14)
    April 30, 2014
    3pm Eastern
    Teleconference
  • 4/8/2014 TRAC Report Reveals Secure Communities Program Failures
    Transactional Records Access Clearinghouse (TRAC) report finding that the number of noncitizens deported by ICE who have committed crimes other than minor violations, the primary targets of the Secure Communities program, has declined over the last four years.
    AILA Doc. No. 14040842.
  • 4/8/2014 Daily Immigration News Clips – April 8, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 8, 2014.
  • 4/8/2014 White House Fact Sheet on Strengthening Entrepreneurship at Home and Abroad (.pdf 581 KB) White House fact sheet released on 4/7/14 announcing that DHS will soon publish several proposed rules authorizing employment for spouses of certain high-skill workers on H-1B visas, as well as enhancing opportunities for outstanding professors and researchers.
    AILA Doc. No. 14040841.
  • 4/8/2014 Your AILA8 for April 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. 14040840.
  • 4/7/2014 CA8 Declines to Review Asylum Denial for Chinese Christian (.pdf 504 KB) The court denied the petition to review the asylum denial, finding that the IJ did not violate the petitioner’s right to due process because the Mandarin Chinese interpreter provided at the hearing was competent. (Yang v. Holder, 4/4/14)
    AILA Doc. No. 14040744.
  • 4/7/2014 CA1 Declines to Review MTR for Christian Indonesians Seeking Asylum (.pdf 474 KB) The court denied the petition to review the motion to reopen (MTR) the asylum denials, finding that Christian Indonesian petitioners failed to demonstrate error sufficient to warrant reopening of their removal proceedings. (Marsadu v. Holder, 4/4/14)
    AILA Doc. No. 14040743.
  • 4/7/2014 Another Year, Another H-1B Cap Reached Right Away
    AILA President Doug Stump commented on the H-1B visa cap reached today, saying that “it’s become increasingly clear that keeping the same cap we’ve had on these visas for more than ten years is absolutely the last thing we should be doing.”
    AILA Doc. No. 14040742.
  • 4/7/2014 USCIS Invitation to NSC Stakeholder Teleconference on Refugee/Asylum Issues (Updated 4/7/14)
    USCIS invitation to a 4/10/14 NSC stakeholder teleconference on Refugee/Asylum issues. Registration information included.
    AILA Doc. No. 14032143.
  • 4/7/2014 AAO Sustains Appeal on “Doing Business” in I-140 Multinational Executive/Managerial Petition (.pdf 672 KB) AAO sustains appeal of an I-140 EB-1C multinational executive/managerial petition, finding that the regulations on “doing business” does not require the petitioner be a direct party to contracts or a direct provider of goods and services to an unaffiliated third party. Courtesy of Alan Lee.
    AILA Doc. No. 14040741.
  • 4/7/2014 AILA Resources on The Immigration System (Updated 4/7/14)
    Legal immigration is essential to ensuring the continued vitality of the American economy and to meeting our nation’s historic commitment to family reunification.
    AILA Doc. No. 12032170.
  • 4/7/2014 USCIS Received Sufficient FY2015 H-1B Petitions to Trigger Random Lottery (.pdf 540 KB) USCIS announcement that it has received a sufficient number of H-1B petitions to reach the statutory cap for FY2015 for both the general category and the advanced degree exemption category and will close the filing period after 4/7/14. A random lottery will occur at a later date.
    AILA Doc. No. 14040740.
  • 4/7/2014 DOL Practice Alert: PERM Travel Bug Advisory (.pdf 619 KB) DOL practice alert provides guidelines for how and when to indicate that a position requires travel, whether incidental, extensive, or somewhere in between, when filing a request for prevailing wage determination and/or a PERM labor certification application.
    AILA Doc. No. 14040745.
  • 4/7/2014 Daily Immigration News Clips – April 7, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 7, 2014.
  • 4/7/2014 AILA San Diego Chapter Comments to DMV on AB 60 (.pdf 595 KB) AILA San Diego Chapter’s comments to the California DMV commending AB 60, which allows certain undocumented individuals to obtain drivers licenses, as a much needed improvement, but explaining that additional measures are required in order to protect the interests of many foreign born persons.
    AILA Doc. No. 14040760.
  • 4/4/2014 Your AILA8 for April 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.
    AILA Doc. No. 14040457.
  • 4/4/2014 CSC Invitation for 6/11/14 Stakeholder Open House (.pdf 840 KB) CSC invitation to a stakeholder open house on 6/11/14. CSC representatives will offer roundtable sessions addressing family, employment, and student-based immigration case types. USCIS officials will also address customer service issues and provide facility tours. Registration information included.
    AILA Doc. No. 14040456.
  • 4/4/2014 USCIS Looking For Feedback on Citizenship Preparation (.pdf 517 KB) USCIS is looking for ideas and opinions through its USCIS Idea Community on welcoming immigrants and citizenship preparation and what resources would help naturalization applicants to better prepare for the naturalization interview and test and understand the benefits of citizenship.
    AILA Doc. No. 14040455.
  • 4/4/2014 BIA Remands Discretionary Denial of Adjustment Application
    Unpublished BIA decisions remands discretionary denial of adjustment application where IJ failed to consider positive equities or make factual findings regarding alleged discrepancy between testimony and police report. (Matter of Coutinho, 2/11/14) Special thanks to IRAC.
    AILA Doc. No. 14040454.
  • 4/4/2014 BIA Reopens Proceedings Despite Lack of Evidence Commingling of Finances
    Unpublished BIA decision reopens proceedings over DHS opposition based on bona fides of marriage, excuses lack of commingling of finances because respondent lacked work authorization and wife was unemployed. (Matter of Anakor, 2/10/14) Special thanks to IRAC.
    AILA Doc. No. 14040453.
  • 4/4/2014 BIA Rescinds In Absentia Order Under Totality of the Circumstances
    Unpublished BIA decision rescinds in absentia removal order due to affidavits demonstrating lack of notice, respondent’s diligence in seeking reopening, and potential eligibility for cancellation of removal. (Matter of Sanchez, 2/10/14) Special thanks to IRAC.
    AILA Doc. No. 14040452.
  • 4/4/2014 BIA Finds Respondent Did Not Knowingly Waive Right to Appeal
    Unpublished BIA decision finds pro se respondent did not understand exchange with IJ to constitute knowing and intelligent waiver of right to appeal. (Matter of Ajche, 2/10/14) Special thanks to IRAC.
    AILA Doc. No. 14040451.
  • 4/4/2014 Keep Immigration Reform Efforts Alive!
    A long-time participant in National Day of Action, AILA member Neil Dornbaum explains in VOICE why the sense of novelty and purpose in educating political leaders about immigration law and policy never wears off. Join fellow attorneys in advocating for sensible and humane legislation on April 10.
    AILA Doc. No. 14040450.
  • 4/4/2014 California Service Center Processing Time Report (4/3/14) (.pdf 661 KB) CSC Processing Time Report released a processing time report on 4/3/14 with processing dates as of 2/28/14.
    AILA Doc. No. 14040441.
  • 4/4/2014 CA7 Declines to Review Untimely Motion to Reopen (.pdf 1057 KB) The petitioners sought to reopen their removal proceedings to administratively close their case and seek a provisional waiver of their inadmissibility, and the court denied the petition for review, as the motion to reopen the asylum denial was untimely. (Patel v. Holder, 4/1/14)
    AILA Doc. No. 14040448.
  • 4/4/2014 USCIS Invitation to Quarterly Asylum Stakeholder Meeting (.pdf 761 KB) USCIS invitation to the 4/23/14 Asylum Division quarterly stakeholder engagement that will provide updates and statistics regarding the Asylum Division. Participation in this event is in person only. Registration information included.
    AILA Doc. No. 14040447.
  • 4/4/2014 Daily Immigration News Clips – April 4, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 4, 2014.
  • 4/4/2014 National Benefits Center Processing Time Report (4/3/14) (.pdf 554 KB) NBC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.
    AILA Doc. No. 14040446.
  • 4/4/2014 EB-5 Processing Time Report (4/3/14) (.pdf 543 KB) EB-5 Processing Time Report released 4/3/14 with updated processing dates as of 2/28/14.
    AILA Doc. No. 14040445.
  • 4/4/2014 Vermont Service Center Processing Time Report (4/3/14) (.pdf 664 KB) VSC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.
    AILA Doc. No. 14040444.
  • 4/4/2014 Texas Service Center Processing Time Report (4/3/14) (.pdf 608 KB) TSC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.
    AILA Doc. No. 14040443.
  • 4/4/2014 USCIS Office Closings for 2014 (Updated 4/4/14)
    USCIS alert that St. Paul, MN will open at 9am due to inclement weather.
    AILA Doc. No. 14010660.
  • 4/4/2014 Nebraska Service Center Processing Time Report (4/3/14) (.pdf 624 KB) NSC Processing Time Report released 4/3/14 with processing dates as of 2/28/14.
    AILA Doc. No. 14040442.
  • 4/3/2014 USCIS Offers Solution for Courier-Delayed FY2015 H-1B Cap Filings (Updated 7pm)
    USCIS has informed AILA Liaison that due to reported courier delivery problems, USCIS will accept second H-1B petitions for FY2015 H-1B petitions in certain limited circumstances. USCIS is continuing to monitor the situation. Watch InfoNet for updates.
    AILA Doc. No. 14040344.
  • 4/3/2014 Your AILA8 for April 3, 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. 14040350.
  • 4/3/2014 CA9 Remands for BIA to Determine Whether California Assault Crime is a CIMT (.pdf 582 KB) The en banc court granted the petition for review and remanded for the BIA to determine in the first instance whether California Penal Code §245(a)(1), assault with a deadly weapon other than a firearm, constituted a crime involving moral turpitude (CIMT). (Ceron v. Holder, 3/31/14)
    AILA Doc. No. 14040349.
  • 4/3/2014 CA11 Denies Petition to Review Asylum Denial in Chinese Forced Sterilization Case (.pdf 587 KB) The court found petitioners did not show the IJ and BIA erred in determining a 2006 "official document" from the Birth Control Office was unauthenticated and thus did not err in giving it little or no weight when denying the forced sterilization asylum case. (Wu v. U.S. Att’y Gen., 3/18/14)
    AILA Doc. No. 14040348.
  • 4/3/2014 EOIR Comment Request on Immigration Practitioner Complaint Form
    EOIR 60-day comment request on the Immigration Practitioner Complaint Form, used by individuals who wish to file a complaint against an immigration practitioner authorized to appear before the BIA and the immigration courts. Comments will be accepted until 6/2/14. (79 FR 18581, 4/2/14)
    AILA Doc. No. 14040347.
  • 4/3/2014 Video: Join Us for AILA's National Day of Action
    Hear why AILA members from around the country are coming to Washington D.C. for our 2014 National Day of Action. Join us as we call on the House of Representatives to have a vote on immigration reform and work to create a commonsense immigration policy.
    AILA Doc. No. 14040346.
  • 4/3/2014 Reforming Immigration for the 21st Century-2014 NDA (.pdf 1373 KB) A four page document for AILA’s 2014 National Day of Action outlining AILA’s priorities and principles for reforming immigration for the 21st Century.
    AILA Doc. No. 14040345.
  • 4/3/2014 A Constructive Way to Dealing with Underperforming Employees
    The Performance Improvement Plan (PIP) is more than a written notice of underperformance, it is a road map for the employee out of a performance problem. Learn how to implement a PIP in this practice success tip.
    AILA Doc. No. 14040343.
  • 4/3/2014 AILA's Recommendations on 2015 Appropriations (.pdf 550 KB) AILA’s recommendation on appropriations for fiscal year 2015, with focus on the detention bed quota, the number of detention beds, alternatives to detention and immigration courts.
    AILA Doc. No. 14040342.
  • 4/3/2014 AILA's Recommendations to DHS on Enforcement (Updated 4/3/14) (.pdf 555 KB) These are AILA's recommendations for the Department of Homeland Security to consider immediately to protect families and ensure enforcement practices comport with the American values of due process, equal rights, and human dignity.
    AILA Doc. No. 14032541.
  • 4/3/2014 Joint Letter on Employment Eligibility Requirements for Asylees and Refugees (.pdf 509 KB) Joint Office of Refugee Resettlement (ORR)/OSC letter on employment eligibility requirements for asylees, refugees and other populations served by ORR, indicating that in most cases, the special humanitarian populations served by ORR have the right to work. Letter supersedes ORR State Letter #01-30.
    AILA Doc. No. 14040341.
  • 4/3/2014 DACA SOP for Form I-821D and Form I-765 (.pdf 4629 KB) The National Standard Operating Procedures (SOP) for Deferred Action for Childhood Arrivals (DACA) Forms I-821D and I-765, prepared by the Service Center Operations Directorate. Manual is dated April 4, 2013, version 2.0 and was provided to AIC and NILC in response to a FOIA request.
    AILA Doc. No. 14040340.
  • 4/3/2014 Daily Immigration News Clips – April 3, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 3, 2014.
  • 4/3/2014 BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills (.pdf 195 KB) BALCA found that the employee’s letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to “provide documentation” without specifying the type of documentation or indicating that the letter must be notarized. (Matter of PARC, 4/2/14)
    AILA Doc. No. 14040360.
  • 4/2/2014 AILA Resources on Earned Legalization (Updated 4/2/14)
    Currently there are an estimated 11 million undocumented immigrants living and working in the United States. In these troubled economic times, lawmakers can no longer ignore the critical—albeit vulnerable—role the undocumented play in our economy.
    AILA Doc. No. 12032265.
  • 4/2/2014 CA9 on INA §241(a)(5) (.pdf 504 KB) The court denied the petition, holding that the application to petitioner of the reinstatement statue was not impermissibly retroactive, because he had taken no action to vest any right he may have initially had to renew his application for adjustment of status. (Ortega v. Holder, 3/31/14)
    AILA Doc. No. 14040254.
  • 4/2/2014 AILA Resources on 2014 Immigration Reform (Updated 4/2/14)
    The most important and up to date information and resources on immigration reform in the 113th Congress.
    AILA Doc. No. 13020647.
  • 4/2/2014 Your AILA8 for April 2, 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. 14040253.
  • 4/2/2014 NSC Practice Pointer: Premium Processing for Subsequent I-140s
    NSC Liaison Committee clarifies with NSC that attorneys may request Premium Processing for a subsequent I-140 filing where the necessary original Form ETA-9089 labor certification or a certified duplicate labor certification from the U.S. Department of Labor is currently located at NSC.
    AILA Doc. No. 14040242.
  • 4/2/2014 AILA's Take on Detention (.pdf 786 KB) AILA’s take on detention, with a specific focus on ending the detention bed quota, affording due process to those who are detained, and encouraging the greater use of alternatives to detention.
    AILA Doc. No. 14040252.
  • 4/2/2014 Carolinas Chapter – USCIS Charleston Liaison Meeting Minutes (3/25/14) (.pdf 538 KB) Carolinas Chapter liaison minutes from meeting with USCIS Charleston on 3/25/14. Topics include: staffing changes, processing times, TPS and DACA reentry and adjustment of status under Matter of Arrabelly and Yerrabelly, fraud investigations, and revised Form N-400.
    AILA Doc. No. 14040251.
  • 4/2/2014 The Myth of Immigration 'Non-Enforcement' (.pdf 689 KB) AILA background document detailing how the country has seen a dramatic increase in enforcement under President Obama’s administration. Includes graphs on DHS removals, numbers of individuals in detention, number of ‘no-process’ removals, and federal criminal prosecutions for immigration violations.
    AILA Doc. No. 14040250.
  • 4/2/2014 AILA’s Take on the Detention Bed Quota (Updated 4/2/14) (.pdf 784 KB) AILA’s take on the detention bed quota, an arbitrary number of detention beds set by Congress each year during the appropriations process.
    AILA Doc. No. 14012744.
  • 4/2/2014 South Florida Chapter: CBP Liaison Meeting Minutes (2/20/14) (.pdf 580 KB) South Florida Chapter’s liaison minutes from a meeting with CBP on 2/20/14. Topics include: I-94 issuance after cruise travel, CBP Border Search Authority in relation to electronic devices, single declarations, deferred inspection and right to counsel, and Automated Passport Control (APC) Kiosks.
  • 4/2/2014 Preliminary Settlement Agreement in Duran-Gonzales v. DHS
    A U.S. district court granted preliminary approval of a settlement agreement in Duran-Gonzales v. DHS, which challenged DHS’ contention that individuals who were removed or deported are not eligible to apply for adjustment of status under INA §245(i) with an accompanying I-212 waiver.
    AILA Doc. No. 14040243.
  • 4/2/2014 USCIS Receives 2014 Annual Government Customer Satisfaction Award (.pdf 1000 KB) USCIS announcement that it was awarded the 2014 Annual Government Customer Satisfaction Award by the Federal Consulting Group of the U.S. Department of Interior. The award recognizes the E-Verify section of the USCIS.gov website and USCIS.gov/español.
    AILA Doc. No. 14040244.
  • 4/2/2014 DOS Chart on Immigrant and Nonimmigrant Visa Ineligibilities for FY2013 (.pdf 197 KB) DOS chart on immigrant and nonimmigrant visa ineligibilities by grounds of refusal under the INA for FY2013.
    AILA Doc. No. 14040241.
  • 4/2/2014 BIA Holds Florida Drug Trafficking Not an Aggravated Felony
    Unpublished BIA decision holds that "trafficking" of drugs under Fla. Stat. 893.135(1)(c)(1)(c) not an aggravated felony because statute covers simple possession and does not proscribe conduct that is a federal felony (Matter of Rivas, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040247.
  • 4/2/2014 BIA Summarily Affirms Decision Finding Respondent Mentally Competent
    Unpublished BIA decision affirms without opinion IJ decision finding respondent to be sufficiently mentally competent to represent himself under Matter of M-A-M-. (Matter of Castillo, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040246.
  • 4/2/2014 BIA Reverses IJ Denial of Joint Motion to Reopen
    Unpublished BIA decision says respondent’s failure to submit relief application and IJ concerns over timing of marriage not proper basis to deny joint motion to reopen. (Matter of Laurence, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040245.
  • 4/2/2014 Practice Pointer: Understanding Withholding of Removal (Updated 4/2/14) (.pdf 845 KB) Practice pointer on the main conceptual and practical differences between asylum and withholding of removal and how a grant of withholding will affect your client going forward. Special thanks to Cheri Attix and the AILA Asylum and Refugee Liaison Committee.
    AILA Doc. No. 14021344.
  • 4/2/2014 Practice Pointer: The Affirmative Asylum Backlog Explained (.pdf 844 KB) Practice pointer explaining the affirmative asylum application backlog at USCIS asylum offices, including information on its causes and USCIS efforts to resolve it, as well as practice tips on handling cases affected by the backlog. Special thanks to the AILA Asylum & Refugee Liaison Committee.
    AILA Doc. No. 14040248.
  • 4/2/2014 Daily Immigration News Clips – April 2, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 2, 2014.
  • 4/2/2014 DHS Final Rule on Exemption of ICE System of Records from Privacy Act
    DHS final rule amending regulations to exempt portions of the DHS/ICE – 014 Homeland Security Investigations Forensic Laboratory System of Records from certain provisions of the Privacy Act. Final rule is effective 4/2/14. (79 FR 18441, 4/2/14)
    AILA Doc. No. 14040240.
  • 4/1/2014 Illinois Ethics Reference Guide
    A compilation of Illinois’ ethics resources including Rules of Professional Conduct, selected formal opinions and selected articles and publications.
    AILA Doc. No. 12042659.
  • 4/1/2014 Your AILA8 for April 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. 14040149.
  • 4/1/2014 CA8 Finds Petitioner Ineligible for Both Cancellation and §212(h) Waiver (.pdf 525 KB) The court deferred to the BIA’s reasonable construction of §212(h), that §212(h) relief was unavailable for those convicted of an aggravated felony after acquiring LPR status, without regard to the manner in which such status was acquired. (Roberts v. Holder, 3/20/14)
    AILA Doc. No. 14040148.
  • 4/1/2014 Idaho Ethics Reference Guide
    A compilation of Idaho’s ethics resources including Rules of Professional Conduct, selected formal opinions and selected articles and publications.
    AILA Doc. No. 12071130.
  • 4/1/2014 CA3 Finds Smuggling Bar Does not Apply to Petitioner’s Conduct (.pdf 577 KB) The court reversed and remanded, finding that since petitioner’s conviction was based on transporting noncitizens when they were already in the U.S. and no conduct related to assisting their entry, the § 212(a)(6)(E)(i) smuggling bar did not apply. (Parra-Rojas v. Att'y Gen., 3/26/14)
    AILA Doc. No. 14040141.
  • 4/1/2014 CA8 Denies Withholding and CAT Relief to Guatemalan Petitioner Fleeing MS-13 (.pdf 522 KB) The court declined to review the CAT and withholding denials, finding that the Guatemalan petitioner did not present any evidence indicating that those who identify MS-13 gang members to police suffer greater crime than others who resist gang violence. (Garcia v. Holder, 3/19/14)
    AILA Doc. No. 14040147.
  • 4/1/2014 Performance Improvement Plans: A Critical Management Tool (.pdf 851 KB) One of the most useful tools for dealing with an under-performing employee is the Performance Improvement Plan, or PIP. This perceptive article discusses the benefits of utilizing a PIP and outlines the implementation of this tool to ensure its effectiveness.
    AILA Doc. No. 14040146.
  • 4/1/2014 CA4 Upholds Cancellation of Removal Denial (.pdf 481 KB) The court denied in part and dismissed in part, finding that petitioner did not qualify for cancellation of removal since the Notice to Appear was valid even though it contained missing charges and incorrect dates and times, and the stop-time rule applied. (Urbina v. Holder, 3/17/14)
    AILA Doc. No. 14040145.
  • 4/1/2014 AILA Leadership Blog: America’s April Fools’ Lottery Is No Laughing Matter
    AILA Past President Eleanor Pelta explains the foolishness of the H-1B visa lottery, noting that “until Congress does its job and updates our antiquated immigration laws so that American businesses can remain competitive in the global marketplace of the 21st century, the joke is on all of us.”
  • 4/1/2014 CSC Quarterly Stakeholders Newsletter (.pdf 1223 KB) CSC quarterly stakeholders newsletter for the 3rd quarter of 2014, including H-2A and H-2B best practices, I-130 filing tips and best practices, and a save the date announcement for the next CSC open house on 6/11/14.
    AILA Doc. No. 14040144.
  • 4/1/2014 BIA Finds Ineffective Assistance of Counsel Due to Failure to Contest Removability
    Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to contest removability where conviction records did not sufficiently demonstrate type or amount of controlled substances. (Matter of Barrios Rojas, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040143.
  • 4/1/2014 BIA Remands for Consideration of Asylum Application
    Unpublished BIA decision finds respondent did not knowingly waive appeal and remands record because IJ did not provide opportunity to apply for asylum after expression of fear in El Salvador. (Matter of Melgar de Iglesias, 2/6/14) Special thanks to IRAC.
    AILA Doc. No. 14040142.
  • 4/1/2014 Daily Immigration News Clips – April 1, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 1, 2014.
  • 4/1/2014 USCIS Transferring Responsibility for Approving Form I-730 to International Field Offices (.pdf 469 KB) USCIS message that it will begin transferring responsibility in phases, for approving Form I-730 from service centers to USCIS international field offices. Change will not alter requirements or processing times. First phase beginning 4/1/14 involves cases with beneficiaries residing in China.
    AILA Doc. No. 14040140.
  • 3/31/2014 Your AILA8 for March 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. 14033150.
  • 3/31/2014 Call for Cases: Removal Based Solely on Illegal Entry/Re-Entry or Prior Orders (Updated 3/31/14)
    AILA Advocacy is seeking compelling case examples of clients who are facing (or have faced) removal solely because of an illegal entry or reentry(ies) or the existence of a prior removal order.
    AILA Doc. No. 14032546.
  • 3/31/2014 Supreme Court on Definition of “Domestic Violence” (.pdf 629 KB) In a footnote on page 7, the Court’s stated that its view that “domestic violence” encompasses acts that might not constitute “violence” in a nondomestic context does not extend to the more limited definition of domestic violence at INA 237(a)(2)(E)(i). (U.S. v. Castleman, 3/26/14)
    AILA Doc. No. 14033148.
  • 3/31/2014 District Court Grants Preliminary Approval of Settlement in Duran-Gonzalez Class Action (.pdf 544 KB) The court granted preliminary approval of the class action settlement agreement that will allow certain qualifying class members to submit a request asking that USCIS reopen on its own motion, their previously denied I-212 and I-485 applications. (Duran-Gonzalez v. DHS, 3/6/14)
    AILA Doc. No. 14033147.
  • 3/31/2014 VSC to Resume Accepting “Pre-Addressed” FedEx Return Mailers
    The VSC has confirmed that it will accept properly completed “pre-addressed” FedEx mailers for return of documents, with charges billed to the recipient (i.e., the attorney’s office) or a third party, but prefers return mailers with a pre-paid billable stamp or pre-paid shipping label.
    AILA Doc. No. 14033146.
  • 3/31/2014 BIA Remands for Consideration of Relief Under Former §212(c) (.pdf 540 KB) Unpublished BIA decision granting the motion to reopen and remanding for consideration of the respondent’s application for relief under former §212(c), in light of the holdings in INS v. St. Cyr and Vartelas v. Holder. Courtesy of Siana J. McLean.
    AILA Doc. No. 14033143.
  • 3/31/2014 AILA Comments on DS-260, Electronic Immigrant Visa Application (.pdf 530 KB) AILA's comments in response to the 60-day notice of proposed information collection on the Department of State’s electronic immigrant visa application form, DS-260.
    AILA Doc. No. 14033142.
  • 3/31/2014 OCAHO Final Order of Dismissal of Discrimination Complaint (.pdf 480 KB) OCAHO dismissed complaint, as issues with employment terms and conditions are not appropriate as only hiring, recruitment, and discharge are covered by the statute, and the claims of citizenship status discrimination was sufficiently insubstantial. (Salim Hajiani v. ESHA USA, Inc., 3/25/14)
    AILA Doc. No. 14033141.
  • 3/31/2014 DOS Comment Request on DS-86
    DOS 60-day request for public comment on the Statement of Non-Receipt of a U.S. Passport (DS-86). Comments are due by 5/30/14. (79 FR 18111, 3/31/14)
    AILA Doc. No. 14033140.
  • 3/31/2014 AILA Monthly Calendar of Events: April 2014 (.pdf 340 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!
  • 3/31/2014 Daily Immigration News Clips – March 31, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on March 31, 2014.
  • 3/31/2014 BIA on §237(a)(1)(H) Waiver Eligibility (.pdf 617 KB) Unpublished BIA decision agreeing with the IJ that respondent was statutorily eligible for a waiver of deportability under §237(a)(1)(H) as a matter of discretion, even though he failed to disclose his time in the Serbian Army. Courtesy of Marshal E. Hyman.
    AILA Doc. No. 14033149.
  • 3/31/2014 DHS Final Rule Adding Chile to List of Visa Waiver Countries
    DHS final rule updating the list of countries designated for participation in the Visa Waiver Program by adding Chile, as the Secretary of Homeland Security and Secretary of State designated Chile as a country eligible to participate on 2/28/14. (79 FR 17852, 3/31/14)
    AILA Doc. No. 14033160.
  • 3/28/2014 Your AILA8 for March 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. 14032853.
  • 3/28/2014 AILA Statement for FY2015 House Appropriations Hearing (.pdf 638 KB) AILA statement submitted to the Subcommittee on Homeland Security of the Committee on Appropriations of the U.S. House of Representatives Hearing on the Department of Homeland Security fiscal year 2015 budget.
    AILA Doc. No. 14032852.
  • 3/28/2014 AILA Statement for FY2015 Senate Appropriations Hearing (.pdf 638 KB) AILA statement submitted to the Subcommittee on Homeland Security of the Committee on Appropriations of the U.S. Senate Hearing on the Department of Homeland Security fiscal year 2015 budget.
    AILA Doc. No. 14032851.
  • 3/28/2014 AILA Resources on Administrative Reform 2014
    Resources on 2014 administrative reform proposals.
    AILA Doc. No. 14032850.
  • 3/28/2014 BIA on Readjustment Under INA § 209(b) (.pdf 468 KB) The Board held that an alien whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under INA §209(b). Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014).
    AILA Doc. No. 14032849.
  • 3/28/2014 DOS Comment Request on DS-260
    DOS 30-day notice of proposed information collection on the Online Application for Immigrant Visa and Alien Registration (DS-260). Changes include a confirmation page containing a 2-D bar code record locator, to be scanned at the time of adjudication. (79 FR 17635, 3/28/14)
    AILA Doc. No. 14032848.
  • 3/28/2014 BIA Holds Extension of Nonimmigrant Visa Renders Entire Waiting Period in “Lawful Status”
    Unpublished BIA decision finds respondents maintained “lawful status” for entire period that applications to extend nonimmigrant status were pending, even though approval notice was sent years after extensions expired. (Matter of Norra, 3/21/14) Special thanks to IRAC.
    AILA Doc. No. 14032847.
  • 3/28/2014 2014 AILA Texas Chapter Spring Conference
    April 24-26, 2014
    Dallas, TX
    This event is being presented by AILA’s Texas Chapter. This event is not being organized by the AILA National Office.
  • 3/28/2014 ICE Director Letter to Rep. Thompson on Detainers (.pdf 590 KB) A 2/25/14 letter from Acting ICE Director Daniel H. Ragsdale to Rep. Mike Thompson (D-CA) clarifying that immigration detainers are not mandatory as a matter of law, but instead rely on the cooperation of law enforcement.
    AILA Doc. No. 14032846.
  • 3/28/2014 Daily Immigration News Clips – March 28, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on March 28, 2014.
  • 3/28/2014 EB-5 Processing Time Report (3/27/14) (.pdf 544 KB) EB-5 Processing Time Report released 3/27/14 with updated processing dates as of 1/31/14. Processing times for I-526, I-829, and I-924 have been updated.
    AILA Doc. No. 14032845.
  • 3/28/2014 National Benefits Center Processing Time Report (3/27/14) (.pdf 555 KB) NBC Processing Time Report released 3/27/14 with processing dates as of 1/31/14.
    AILA Doc. No. 14032844.
  • 3/28/2014 Vermont Service Center Processing Time Report (3/27/14) (.pdf 664 KB) VSC Processing Time Report released 3/27/14 with processing dates as of 1/31/14.
    AILA Doc. No. 14032843.
  • 3/28/2014 Texas Service Center Processing Time Report (3/27/14) (.pdf 624 KB) TSC Processing Time Report released 3/27/14 with processing dates as of 1/31/14.
    AILA Doc. No. 14032842.
  • 3/28/2014 Nebraska Service Center Processing Time Report (3/27/14) (.pdf 623 KB) NSC Processing Time Report released 3/27/14 with processing dates as of 1/31/14.
    AILA Doc. No. 14032841.
  • 3/28/2014 California Service Center Processing Time Report (3/27/14) (.pdf 658 KB) CSC Processing Time Report released an updated processing time report on 3/27/14 with processing dates as of 1/31/14. Updated report removed I-829s from the CSC Processing Time Report.
    AILA Doc. No. 14032840.
  • 3/27/2014 CA7 Vacates Removal Order for Honest Mexican Police Officer Seeking Asylum (.pdf 540 KB) The court found the removal order of the Mexican petitioner seeking asylum under the social group of honest police officers could not stand without further proceedings, and the distinction between honest police and effective honest police was without merit. (R.R.D. v. Holder, 3/19/14)
    AILA Doc. No. 14032746.
  • 3/27/2014 Your AILA8 for March 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. 14032747.
  • 3/27/2014 CA5 Finds Aiding and Abetting Improper Entry Conviction Renders Petitioner Removable (.pdf 547 KB) The court denied the petition for review , concluding that the documents associated with petitioner’s conviction for aiding and abetting improper entry under §274(a) rendered him removable under §237(a)(1)(E)(i). (Santos-Sanchez v. Holder, 3/7/14)
    AILA Doc. No. 14032745.
  • 3/27/2014 Texas Ethics Reference Guide
    A compilation of Texas’ ethics resources including Rules of Professional Conduct, selected formal opinions and selected articles and publications.
    AILA Doc. No. 12062855.
  • 3/27/2014 House Letter to Secretary Johnson of DHS on TPS for Filipinos (.pdf 1328 KB) Thirty-five representatives sent a letter to Secretary Johnson of the Department of Homeland Security to continue to support the designation of the Philippines for TPS.
    AILA Doc. No. 14032744.
  • 3/27/2014 AILA NDA 2014 Resource Guide (.pdf 4459 KB) 2014 AILA resource guide on immigration for lawmakers, AILA members, the media and other advocates to use during the immigration reform debate.
    AILA Doc. No. 14032743.
  • 3/27/2014 USCIS Executive Summary from Teleconferences on New MOUs for E-Verify Users (Updated 3/27/14) (.pdf 676 KB) USCIS executive summary from stakeholder teleconferences on 12/11/13 and 12/12/13 to discuss release of new and revised Memorandums of Understanding (MOUs) for E-Verify users.
    AILA Doc. No. 13112740.
  • 3/27/2014 AILA Leadership Blog: Shifting Pressure, Shifting Strategies – Whose Move Will Be Checkmate?
    AILA Treasurer Annaluisa Padilla highlights the promising moves made by the President and the Senate over the past two years on immigration reform and what remains yet undone by the House.
  • 3/27/2014 Can Flex-Work Strike the Balance Within Your Firm?
    So much has changed in the way we do business and communicate with one another that the notion of the 9-5, Monday through Friday workweek should be modified to fit your firm’s workplace culture. In this PST, consider these pointers when determining if flex-work is right for your practice.
    AILA Doc. No. 14032741.
  • 3/27/2014 Daily Immigration News Clips – March 27, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on March 27, 2014.
  • 3/27/2014 Sen. Blumenthal (D-CT) Letter to DHS on Detention (.pdf 544 KB) A 3/24/14 letter from Senator Richard Blumenthal (D-CT) to Department of Homeland Secretary Jeh Johnson with recommendation to decrease prolonged immigration detention, including the use of bonds or conditional parole and the definition of custody for mandatory detention.
    AILA Doc. No. 14032742.
  • 3/27/2014 USCIS Announces Enhancements to e-Request Tool (.pdf 495 KB) USCIS alert that it has added a new function to e-Request, its online inquiry tool for customer service. As of 3/21/14, customers can now submit questions about USCIS-issued cards and documents that they have not yet received in the mail.
    AILA Doc. No. 14032740.