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Member Survey on Providing Legal Services to Unaccompanied Children

Unaccompanied Children
AILA is seeking members who may be willing (but not obligated) to provide pro bono legal services to unaccompanied children as plans develop to address this humanitarian crisis. Please indicate your interest by completing this survey.

 

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New Deferred Action Category for Immigration Lawyer Search

AILA has added Deferred Action (DREAM) to the Immigration Lawyer Search (ILS), www.ailalawyer.com. We are hoping that this category will prove to be useful to those young people who may be looking for an immigration lawyer for their deferred action issues. Sign up for the ILS for FREE today!

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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.

Recent Postings

  • 7/25/2014 AILA Pro Bono Heroes Recognition Program (Updated 7/25/14)
    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.
  • 7/25/2014 Your AILA8 for July 25, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14072546.
  • 7/25/2014 EB-5 Alert: CCTV Accusations against Bank of China—and Potential Impact on EB-5 Investors
    AILA EB-5 Liaison Committee alert that CCTV recently issued a report, which has since been withdrawn, accusing the Bank of China of acting inappropriately in providing services to aid wealthy Chinese citizens in converting very large sums of currency and transferring them abroad.
    AILA Doc. No. 14072545.
  • 7/25/2014 BIA Withdraws from Lanferman, Citing Descamps (.pdf 599 KB) The BIA held that it did not have authority to continue to apply the divisibility analysis used in Lanferman and found respondent was not removable due to an aggravated felony but was removable due to his firearms conviction. Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014)
    AILA Doc. No. 14072541.
  • 7/25/2014 NAIJ Letter to Senate Leadership on Juveniles in Immigration Courts (.pdf 737 KB) A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Majority Leader Harry Reid and Minority Leader Mitch McConnell on the unique concerns and protections that should be afforded juveniles in immigration courts.
    AILA Doc. No. 14072544.
  • 7/25/2014 NAIJ Letter to House Leadership on Juveniles in Immigration Courts (.pdf 724 KB) A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Speaker John Boehner and Democratic leader Nancy Pelosi on juveniles in immigration courts, stating that children and juveniles are a vulnerable population with special needs under the judicial system.
    AILA Doc. No. 14072543.
  • 7/25/2014 BIA Holds Iowa Delivery of Marijuana Not an Aggravated Felony
    Unpublished BIA decision holds delivery of marijuana under Iowa Code 124.401(1)(d) is not a drug trafficking aggravated felony under Moncrieffe v. Holder. Special thanks to IRAC. (Matter of Telesford, 5/27/14)
    AILA Doc. No. 14072501.
  • 7/25/2014 Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America (Updated 7/25/14)
    A compilation of both AILA resources and other organization resources to help attorneys provide pro bono legal services in the United States to unaccompanied children and families affected by the Central American Humanitarian Crisis.
    AILA Doc. No. 14072246.
  • 7/25/2014 Information Guide on Traveling to Artesia, New Mexico (.pdf 547 KB) Prepared by AILA’s Practice & Professionalism Center for individuals traveling to Artesia, New Mexico to help in the Central American humanitarian crisis. This document includes general information about Artesia, flight costs, accommodations, and temporary office space.
    AILA Doc. No. 14072542.
  • 7/25/2014 AILA EB-5 Alert: BEA Update on RIMS II and Impact on EB-5 Job Models
    AILA EB-5 Liaison Committee provides a practice alert on the U.S. Bureau of Economic Analysis’s (BEA) plan to update the original RIMS II model. The committee advises members who counsel regional centers to urge their clients to investigate the impact of RIMS II changes with a qualified economist.
    AILA Doc. No. 14072540.
  • 7/25/2014 Special Member Update: Response to Central American Humanitarian Crisis (Updated 7/25/14) (.pdf 606 KB) AILA National has been coordinating efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is on what we know, what actions we are continuing to pursue, and how you can get involved.
    AILA Doc. No. 14072451.
  • 7/25/2014 2014 AILA Colorado Chapter Rocky Mountain Immigration Law Update (Update 7/25/14)
    October 16-17, 2014
    Embassy Suites Denver
    Denver, CO
    This event is being presented by AILA’s Colorado Chapter. This event is not being organized by the AILA National Office.
  • 7/25/2014 2014 AILA Texas Chapter Fall Conference (.pdf 255 KB) November 7-8, 2014
    Playa del Carmen, Mexico
    This event is being presented by AILA’s Texas Chapter. This event is not being organized by the AILA National Office.
  • 7/25/2014 Daily Immigration News Clips – July 25, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 25, 2014.
  • 7/24/2014 AILA: Artesia Detention Center a Due Process Failure
    Following a visit to the Artesia detention facility this week and observing severe due process violations, AILA calls for the suspension of all deportations from the facility until fundamental improvements can be made.
    AILA Doc. No. 14072449.
  • 7/24/2014 DOS Practice Alert: Technical Problems with Passport/Visa System
    The DOS Bureau of Consular Affairs is currently experiencing technical problems with its passport/visa system and applicants may experience delays or be unable to obtain a passport, Consular Report of Birth Abroad, or visa at this time. AILA will post additional information as it is available.
    AILA Doc. No. 14072440.
  • 7/24/2014 CRS Report on DREAMers, Higher Education, In-State Tuition, and Financial Aid (.pdf 781 KB) CRS report with a legal analysis of unlawfully present individuals’ eligibility for higher education, in-state tuition, and financial aid. Report includes summary of legal protections and information on state restrictions as well as state measures granting access.
    AILA Doc. No. 14072452.
  • 7/24/2014 AILA Quicktake #91: The Artesia Experience
    Olsi Vrapi, AILA member and managing partner of Noble & Vrapi, joins us via Skype to discuss his experience at Artesia, a family detention center located in New Mexico set up to house families from Central America. For AILA resources on the border crisis, go to www.aila.org/uac.
    AILA Doc. No. 14072450.
  • 7/24/2014 AILA: House Republican Plan Will Endanger Children Fleeing Violence and Persecution
    AILA’s President Leslie Holman discusses the House Republican plan to address the humanitarian crisis at the southern border as a plan that, “will harm vulnerable child victims of violence.”
    AILA Doc. No. 14072460.
  • 7/24/2014 What’s In a Headshot? Five Tips for a Great Headshot
    Take a look at your picture from your LinkedIn profile, your website’s About Me page, or a recent article you submitted to the news editor—is this the picture you want the whole world to see? It’s probably a decent picture, but is it a great picture? Here are five tips for a great headshot.
    AILA Doc. No. 14072448.
  • 7/24/2014 DOL Statistics on H-2As from FY2014 Third Quarter (6/30/14) (.pdf 532 KB) DOL’s OFLC statistics on H-2As as of 6/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14072446.
  • 7/24/2014 DOL Statistics on H-1Bs from FY2014 Third Quarter (6/30/14) (.pdf 548 KB) DOL’s OFLC statistics on H-1Bs as of 6/30/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
    AILA Doc. No. 14072445.
  • 7/24/2014 DOL Statistics on PWDs from FY2014 Third Quarter (6/30/14) (.pdf 538 KB) DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 6/30/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.
    AILA Doc. No. 14072444.
  • 7/24/2014 DOL Statistics on PERM Program from Third Quarter of FY2014 (6/30/14) (.pdf 535 KB) DOL’s OFLC statistics on the PERM program as of 6/30/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied and withdrawn applications.
    AILA Doc. No. 14072443.
  • 7/24/2014 DOL iCERT Quick Start Guide (.pdf 803 KB) DOL iCERT Quick Start guide for external users, dated 7/23/14, with information and instructions on the new enhanced password requirements.
    AILA Doc. No. 14072442.
  • 7/24/2014 Daily Immigration News Clips – July 24, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 24, 2014.
  • 7/24/2014 DOL Alert: New iCERT Password Requirements (.pdf 482 KB) DOL posted an alert on iCERT that as of 7/18/14, new password requirements for enhanced security were implemented. Within the next 90 calendar days, all iCERT users will be required to create new passwords that meet the new password requirements.
    AILA Doc. No. 14072441.
  • 7/24/2014 DOS Telephone List of Key Officers (Updated 7/24/14) (.pdf 806 KB) Unclassified list of key Department of State officers current as of 7/7/14.
    AILA Doc. No. 07122063.
  • 7/24/2014 DOS Organizational Directory Telephone List (Updated 7/24/14) (.pdf 795 KB) Unclassified Organizational Telephone Directory of the Department of State current as of 7/22/14.
    AILA Doc. No. 11091467.
  • 7/24/2014 DOL Alert: iCERT LCA Courtesy E-mails Not Being Sent (.pdf 483 KB) DOL posted an alert on iCERT that due to technical difficulties, LCA courtesy e-mails are not being sent. OFLC is working to resolve the issue as quickly as possible.
    AILA Doc. No. 14072461.
  • 7/23/2014 Legislation Addressing the Central American Humanitarian Crisis (Updated 7/23/14)
    A round-up of all legislation introduced after June 2014 addressing the humanitarian crisis in Central American and the impact on the southern border of the United States.
    AILA Doc. No. 14072152.
  • 7/23/2014 H.R. 5137 - The Asylum Reform and Border Protection Act (Updated 7/23/14)
    On 7/17/14 Representatives Goodlatte (R-VA) and Chaffetz (R-UT) introduced H.R. 5137, the Asylum Reform and Border Protection Act to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”
    AILA Doc. No. 14071749.
  • 7/23/2014 Speaker Boehner Letter to President Obama on TPVRA (.pdf 550 KB) A 7/23/14 letter from Speaker Boehner (R-OH) to President Obama arguing that it will be difficult to make “progress on this issue without strong, public support from the White House for much-needed reforms, including changes to the 2008 [TVPRA] law.”
    AILA Doc. No. 14072352.
  • 7/23/2014 Your AILA8 for July 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. 14072351.
  • 7/23/2014 CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony (.pdf 493 KB) The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann v. Holder, 7/14/14)
    AILA Doc. No. 14072350.
  • 7/23/2014 CA1 Declines to Review Adjustment Denial for Lack of Jurisdiction (.pdf 495 KB) The court dismissed for lack of jurisdiction, finding the IJ properly exercised her discretion in denying the adjustment application, considering the child abuse reports and a criminal charge, and petitioner presented no legal argument to undermine that result. (Jaquez v. Holder, 7/15/14)
    AILA Doc. No. 14072349.
  • 7/23/2014 House GOP Working Group Recommendations on Humanitarian Crisis (.pdf 501 KB) Recommendations of the Republican working group assembled by Speaker Boehner (R-OH) and led by Rep. Kay Granger (R-TX) in response to the humanitarian crisis in Central America.
    AILA Doc. No. 14072348.
  • 7/23/2014 CA1 Finds Salvadoran Petitioner Failed to Show Causation in Asylum Claim (.pdf 469 KB) The court found that although the nuclear family can be a social group that is the target of persecution, the petitioner, a mother of three sons resisting gang violence in El Salvador, failed to show she would be persecuted as a result of her kinship. (Constanza v. Holder, 7/9/14)
    AILA Doc. No. 14072347.
  • 7/23/2014 Unaccompanied Children Legal Call to Action (Updated 7/23/14)
    AILA is seeking members who may be willing (but not obligated) to provide pro bono legal services to unaccompanied children at the southern border, once the specific legal process and need for lawyers becomes clearer.
    AILA Doc. No. 14070348.
  • 7/23/2014 Daily Immigration News Clips – July 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 23, 2014.
  • 7/23/2014 AILA Talking Points on H.R. 5137 (Goodlatte UAC Bill) (.pdf 680 KB) AILA talking points on H.R. 5137, the “Asylum Reform and Border Protection Act,” by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill dismantles nearly every humanitarian protection available for vulnerable children and will send thousands back to dangerous conditions from which they fled.
    AILA Doc. No. 14072346.
  • 7/23/2014 CBP Request for Comments on Improving Entry Process for International Travelers to the U.S.
    CBP notice for comments on President Obama’s 5/22/14 request for the enhancement of the entry process for international travelers to the U.S. by expediting the arrivals process. Notice includes specific questions CBP is looking for input on. Comments are due by 8/15/14. (79 FR 42503, 7/22/14)
    AILA Doc. No. 14072345.
  • 7/23/2014 USCIS Comment Request on Form I-907
    USCIS 60-day notice of request for comments on proposed revisions to Form I-907, Application for Premium Processing Service. Comments are due by 9/22/14. (79 FR 42523, 7/22/14)
    AILA Doc. No. 14072344.
  • 7/23/2014 DOJ Remarks on Human Smuggling Along the Southwest Border (.pdf 515 KB) DOJ remarks from a DHS press conference on smuggling along the southwest border and joint law enforcement efforts to investigate and prosecute human smugglers. DOJ is prioritizing cases involving smuggling and transporting undocumented individuals and has charged almost 3,000 defendants in FY2013.
    AILA Doc. No. 14072343.
  • 7/23/2014 ICE Announces 192 Criminal Arrests for Human Smuggling in Rio Grande Valley (.pdf 565 KB) ICE press release announcing that as part of ICE’s ongoing operations to crack down on human smuggling in the Rio Grande Valley, 192 smugglers and their associates have been arrested on criminal charges since 6/23/14.
    AILA Doc. No. 14072342.
  • 7/23/2014 USCIS Invitation to Teleconference on Employee Rights and Other Key Topics (.pdf 581 KB) USCIS invitation to an 8/7/14 teleconference to discuss employee rights and verification, and other key topics, including DACA, the unauthorized practice of immigration law, and multilingual materials and outreach.
    AILA Doc. No. 14072341.
  • 7/23/2014 AILA Comments on BLS Revisions to Standard Occupational Classifications (.pdf 594 KB) AILA’s comments in response to the Bureau of Labor Statistics’ (BLS) 2018 revisions to the Standard Occupational Classifications (SOC), including comments on occupations that should be added, occupational descriptions, requirements that should be updated or changed, and related issues.
    AILA Doc. No. 14072340.
  • 7/22/2014 NRC Practice Pointer: FOIA Requests for Form I-130 (Updated 7/22/14)
    The USCIS National Records Center (NRC) has confirmed that for a FOIA request seeking a complete (unredacted) copy of Form I-130, Petition for Alien Relative, a G-28 and/or consent must be completed by both the petitioner and beneficiary of the petition.
    AILA Doc. No. 13082842.
  • 7/22/2014 Your AILA8 for July 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. 14072248.
  • 7/22/2014 The Categorical Approach After Moncrieffe and Descamps
    VOICE is on a brief hiatus until next week. Meanwhile, enjoy one of VOICE’s popular stories from the March issue, where AILA member Mary Kramer analyzes Moncrieffe and Descamps to shed light on the categorical approach to classifying crimes.
  • 7/22/2014 Consumer Alert on DACA Renewals
    Consumer alert available in English and Spanish about renewing Deferred Action grants and avoiding notarios—please share widely!
    AILA Doc. No. 14072247.
  • 7/22/2014 AILA Resources on the Central American Humanitarian Crisis (Updated 7/22/14)
    AILA resources on the surge of unaccompanied minor children and families along the southern border in response to the regional humanitarian crisis in Central America.
    AILA Doc. No. 14070148.
  • 7/22/2014 Sign-on Letter to Senate Appropriations on Counsel for Children (.pdf 589 KB) On 7/22/14, AILA joined 48 organizations in a sign-on letter to the Senate Appropriations Committee on the need for adequate funding for legal representation for all children.
    AILA Doc. No. 14072244.
  • 7/22/2014 AILA CO Chapter and RMAIN PowerPoint: Representing UACs in Immigration Proceedings (.pdf 1441 KB) A 7/16/14 PowerPoint prepared by the AILA Colorado chapter and the Rocky Mountain Immigrant Advocacy Network (RMAIN) to accompany their in-person training on representing unaccompanied children.
    AILA Doc. No. 14072245.
  • 7/22/2014 Share Your Annual Conference Ideas by July 28, 2014
    Share your suggestions for topics to address, speakers to consider, and preferred presentation formats for the 2015 Annual Conference. Your contribution helps ensure that the quality of next year’s event continues the long tradition of excellence.
  • 7/22/2014 DOS 30-Day Notice for Comments on Medical Examination for Immigrant or Refugee Applicant
    DOS 30-day notice for comments on Medical Examination for Immigrant or Refugee Applicant. Comments are due by 8/20/14. (79 FR 42391, 7/21/14)
    AILA Doc. No. 14072243.
  • 7/22/2014 DOS 30-Day Notice for Comments on DS-2019
    DOS 30-day notice for comments on SEVIS Form DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-non-immigrant). Changes include what fields are optional/required and adding the exchange visitor’s mailing and physical addresses. Comments are due 8/20/14. (79 FR 42392, 7/21/14)
    AILA Doc. No. 14072242.
  • 7/22/2014 FY2014 H-2B Cap Count (Updated 7/22/14)
    As of 7/18/14, USCIS receipted 26,015 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 24,769 approved and 1,246 pending beneficiaries. Information on the first half of FY2015 is also available.
    AILA Doc. No. 13100840.
  • 7/22/2014 USCIS Policy Memo on Adjudication of H-1Bs for Nursing Positions (.pdf 512 KB) USCIS policy memo with guidance on the adjudication of H-1B petitions for nursing positions, including situations where an advanced practice registered nurse would qualify for an H-1B and what types of evidence could demonstrate specialty occupation. This memo supersedes any prior guidance.
    AILA Doc. No. 14072241.
  • 7/22/2014 USCIS Invitation to Webinar on Form I-526 in ELIS and the EB-5 Document Library (.pdf 584 KB) USCIS invitation to the 7/30/14 webinar on the usability and functionality of Form I-526, Immigrant Petition by Alien Entrepreneur, in USCIS Electronic Immigration System (ELIS) and the EB-5 document library.
    AILA Doc. No. 14072240.
  • 7/22/2014 2014 Visa Reciprocity Changes (Updated 7/22/14)
    DOS updates the visa reciprocity tables, including updated information for Belarus, Peru, and Vietnam.
    AILA Doc. No. 14010841.
  • 7/22/2014 Daily Immigration News Clips – July 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 22, 2014.
  • 7/21/2014 BIA Holds New York Fourth Degree Arson Not a CIMT
    Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)
    AILA Doc. No. 14072151.
  • 7/21/2014 BIA Says New I-751 Need Not Be Filed in Removal Proceedings
    Unpublished BIA decision holds IJ erred in finding respondent abandoned his I-751, saying he should have relied on joint petition denied by USCIS. Special thanks to IRAC. (Matter of Godke, 5/16/14)
    AILA Doc. No. 14072150.
  • 7/21/2014 Section-by-Section of Goodlatte H.R. 5137 (Goodlatte UAC Bill) (.pdf 703 KB) An AILA section-by-section of H.R. 5137, the “Asylum Reform and Border Protection Act,” introduced by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill seeks to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”
    AILA Doc. No. 14072149.
  • 7/21/2014 BIA Says No Need to Spend 10-Year Bar Under INA §212(a)(9)(A)(ii) Outside the U.S. (.pdf 707 KB) Unpublished BIA decision finding that respondent was not inadmissible under INA §212(a)(9)(A)(ii) and therefore, did not require an I-212 waiver, since more than 10 years had passed since the time he was ordered removed in 2002, even though he reentered in 2006. Courtesy of Araceli Perez-Brizo.
    AILA Doc. No. 14072147.
  • 7/21/2014 AILA Leadership Blog: America’s Leaders Are Failing the Children
    In this blog post, AILA Media-Advocacy Committee Member Dree Collopy describes legislation that is “anything but humane” in addressing a crisis that is one of our country’s “greatest moral challenges in years: how will we treat the migrant children fleeing violence in Central America?”
  • 7/21/2014 Share Your Annual Conference Ideas by July 28
    Share your suggestions for topics to address, speakers to consider, and preferred presentation formats for the 2015 Annual Conference. Your contribution helps ensure that the quality of next year’s event continues the long tradition of excellence.
  • 7/21/2014 Your AILA8 for July 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. 14072148.
  • 7/21/2014 BIA Quashes Subpoena as Overbroad
    Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)
    AILA Doc. No. 14072143.
  • 7/21/2014 OCAHO Topical Index of Cases (Updated July 2014) (.pdf 1785 KB) Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in July 2014.
    AILA Doc. No. 14042455.
  • 7/21/2014 Daily Immigration News Clips – July 21, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 21, 2014.
  • 7/21/2014 Practice Alert: VSC Urges Prompt RFE Response on H-1B Cap Cases
    During a recent telephone conference between the AILA VSC Liaison Committee and senior staff at the VSC, the VSC communicated its goal of adjudicating all FY2015 H-1B cap petitions by mid-August. As such, AILA reminds members to respond as soon as possible to H-1B cap case RFEs.
    AILA Doc. No. 14072142.
  • 7/21/2014 CA6 Says TVPRA Does Not Apply to Former Unaccompanied Minors (.pdf 539 KB) The court held that the IJ had the authority to review the asylum claim, finding the Trafficking Victims Protection Reauthorization Act (TVPRA) did not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to USCIS. (Harmon v. Holder, 7/10/14)
    AILA Doc. No. 14072141.
  • 7/21/2014 USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting (.pdf 533 KB) USCIS invitation to the 8/11/14 Asylum Division quarterly stakeholder meeting. The Asylum Division will provide updates and statistics and will be available to answer questions. Interested parties may participate in this event in person only.
    AILA Doc. No. 14072140.
  • 7/21/2014 EB-5 Conference Early-Bird Pricing Ends This Thursday
    Don’t miss AILA’s August 22-23 EB-5 CLE conference in Chicago, featuring over a dozen panels offering “how to” and advanced information, networking opportunities, and access to exhibitors critical to success in the EB-5 practice area. Register by Thursday, July 24 for the lowest rate.
  • 7/18/2014 AILA Comments on USCIS Proposed Changes to Forms G-28 and G-28I (.pdf 729 KB) AILA’s comments in response to USCIS’s proposed changes to Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative and Form G-28I, Notice of Entry of Appearance as Attorney in Matters outside the Geographical Confines of the United States.
    AILA Doc. No. 14071849.
  • 7/18/2014 BIA Says IJs Must Explain Appeal Waiver is Irrevocable
    Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)
    AILA Doc. No. 14071848.
  • 7/18/2014 EB-5 Processing Time Report (7/17/14) (.pdf 548 KB) EB-5 Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071805.
  • 7/18/2014 National Benefits Center Processing Time Report (7/17/14) (.pdf 556 KB) NBC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071804.
  • 7/18/2014 Vermont Service Center Processing Time Report (7/17/14) (.pdf 620 KB) VSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071803.
  • 7/18/2014 Texas Service Center Processing Time Report (7/17/14) (.pdf 599 KB) TSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071802.
  • 7/18/2014 Nebraska Service Center Processing Time Report (7/17/14) (.pdf 602 KB) NSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071801.
  • 7/18/2014 California Service Center Processing Time Report (7/17/14) (.pdf 628 KB) TSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071800.
  • 7/18/2014 Anti-Notario Radio PSAs in English and Spanish
    AILA members are encouraged to share these radio PSAs (available in English and Spanish) with local radio outlets; the PSAs emphasize the importance of avoiding notarios and the importance of speaking to licensed immigration practitioners.
    AILA Doc. No. 14071844.
  • 7/18/2014 AILA: Terrible Legislation Would Shred Protections for Children Seeking Refuge
    AILA’s President Leslie Holman describes two recently introduced bills relating to unaccompanied children that would “essentially gut the protections currently afforded children who may be trafficking victims or are fleeing untenable violence.”
    AILA Doc. No. 14071843.
  • 7/18/2014 NSC Liaison Q&As from Refugee/Asylees Product Line Teleconference (7/10/14) (.pdf 486 KB) The NSC Liaison Committee’s unofficial Q&As from stakeholder teleconference with NSC on 7/10/14. Topics included: employment authorization and adjustment of status for asylees and refugees, I-730 issues, G-28s for I-601A waivers, NSC policies on extreme hardship evidence RFEs, and TRIG updates.
    AILA Doc. No. 14071842.
  • 7/18/2014 DACA Renewal Print PSAs
    AILA has developed three PSAs in both English and Spanish emphasizing the importance of renewing DACA grants in a timely fashion and to avoid notarios; we encourage AILA members and stakeholders to share these free resources widely.
    AILA Doc. No. 14071841.
  • 7/18/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 7/18/2014 Daily Immigration News Clips – July 18, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 18, 2014.
  • 7/18/2014 DOL TEGL on DACA Recipient Eligibility for DOL Programs (.pdf 683 KB) DOL Training and Employment Guidance Letter (TELG) No. 02-14 provides guidance to states and recipients concerning the eligibility of individuals granted relief under DACA with employment authorization for program eligibility for Workforce Investment Act and Wagner-Peyser Act programs.
    AILA Doc. No. 14071840.
  • 7/18/2014 USCIS Office Closings for 2014 (Updated 7/18/14)
    USCIS alert that the Fresno Field Office is closed today due to a facility issue.
    AILA Doc. No. 14010660.
  • 7/18/2014 USCIS Policy Memo on Custody and Residency Requirements for Abused Adopted Children (.pdf 958 KB) USCIS policy memorandum providing guidance to USCIS officers in adjudicating Form I-360, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. This memo revises Chapter 21.14 of the AFM and AFM update AD 13-15 and rescinds PM-602-0089.
    AILA Doc. No. 14071860.
  • 7/18/2014 AIM: The Pro Bono Challenge
    In July's Interview of the Month, we're joined by AILA member and 2014 Michael Maggio Memorial Pro Bono Award honoree Diane Chappell-Daly to discuss her experience in developing pro bono clinics in her community.
  • 7/17/2014 New Mexico Supreme Court Declines to Follow Chaidez (.pdf 480 KB) The court declined to follow Chaidez v. U.S., holding that the requirement that defense attorneys advise noncitizens of the immigration consequences of their guilty pleas applied retroactively in the state of New Mexico. (Ramirez v. New Mexico, 6/19/14)
    AILA Doc. No. 14071748.
  • 7/17/2014 Your AILA8 for July 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. 14071747.
  • 7/17/2014 AILA Quicktake #90: Legislative Update on Unaccompanied Minors
    AILA's Advocacy Director Greg Chen updates on the progress of the President's supplemental in Congress and discusses the proposed bill by Republican Sen. John Cornyn and Democratic Rep. Henry Cuellar that would make it easier to deport unaccompanied migrant children to their home countries.
    AILA Doc. No. 14071746.
  • 7/17/2014 AILA MN/Dakotas Letter to Sens. Franken and Klobuchar on UACs (.pdf 610 KB) A 7/16/14 sign-on letter from AILA Minnesota/Dakotas Chapter and 36 other Minnesota-based organizations to Minnesotan Senators Klobuchar and Franken urging them to oppose any plans to expedite the deportation of Central American children, or lessen protections included in the TVPRA.
    AILA Doc. No. 14071745.
  • 7/17/2014 District Court Says Those Subject to INA §236(c) Must be Apprehended Immediately (.pdf 673 KB) The court found that the practice of imposing mandatory detention to individuals who committed an offense enumerated at INA §236(c)(1)(A)-(D) , but who were not apprehended immediately “when released” from state custody, violated the plain language of §236(c). (Preap v. Johnson, 5/15/14).
    AILA Doc. No. 14071743.
  • 7/17/2014 How to Write Documents So Others Will Understand
    How can we know if our writing is at our intended audience’s level? Microsoft Word has the ability to check not only spelling and grammar, but also writing complexity. Implement this hard-to-find but easy-to-use function in this practice success tip.
    AILA Doc. No. 14071742.
  • 7/17/2014 OCAHO Reassesses Penalties for Restaurant with Knowing Hire and Paperwork Violations (.pdf 6499 KB) OCAHO final decision adjusted proposed penalties by increasing the knowing hire penalty, stating that this violation is virtually never done in good faith, but lowering the penalties for paperwork violations as they appeared disproportionate. (U.S. v. Jalisco’o Bar and Grill, Inc., 6/27/14)
    AILA Doc. No. 14071741.
  • 7/17/2014 USCIS Comment Request on Form I-212
    USCIS 60-day notice for comments on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. Revised Form and Instructions are included. Comments are due by 9/15/14. (79 FR 41585, 7/16/14)
    AILA Doc. No. 14071740.
  • 7/17/2014 BIA Says Mental Health Should Not Be Considered in “Particularly Serious Crime” Analysis (.pdf 522 KB) The BIA held that a noncitizen’s mental health is not a factor to be considered in assessing whether he or she has been convicted of a particularly serious crime under INA §241(b)(3)(B). Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014)
    AILA Doc. No. 14071744.
  • 7/17/2014 Daily Immigration News Clips – July 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 17, 2014.
  • 7/16/2014 Rep. Cuellar (D-TX) and Sen. Cornyn (R-TX) HUMANE Act
    On 7/16/14, Senator Cornyn (R-TX) and Representative Cuellar (D-TX) introduced the “Helping Unaccompanied Minors and Alleviating National Emergency (HUMANE)” Act.
    AILA Doc. No. 14071654.
  • 7/16/2014 Your AILA8 for July 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. 14071658.
  • 7/16/2014 BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal (.pdf 614 KB) Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.
    AILA Doc. No. 14071655.
  • 7/16/2014 Take Action (7/16/14)
    Make your voice heard for immigration reform! With AILA’s easy to use tool you can send emails to your elected officials in seconds on the issues that matter most to you. This page will be update frequently with action items, so check back often. This tool is for all to use so please share widely.
    AILA Doc. No. 13070945.
  • 7/16/2014 BIA Terminates Proceedings After Criminal Judge Clarifies Sentence
    Unpublished BIA decision terminates proceedings after taking administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. Special thanks to IRAC. (Matter of Ruela, 5/5/14)
    AILA Doc. No. 14071653.
  • 7/16/2014 BIA Orders Consideration of Eligibility for Provisional Waiver
    Unpublished BIA decision remands record for consideration of request for administrative closure and eligibility for unlawful presence waiver. Special thanks to IRAC. (Matter of Ayebae, 5/1/14)
    AILA Doc. No. 14071652.
  • 7/16/2014 USCIS July 2014 Webinar Schedule for E-Verify and Self Check (.pdf 706 KB) USCIS invitation to the July 2014 webinars on the employment eligibility verification process, with webinars on Form I-9, E-Verify, E-Verify for existing users, E-Verify for federal contractors, Self Check, and employee rights.
    AILA Doc. No. 14071651.
  • 7/16/2014 DOS Notice of Designation of United Self-Defense Forces of Colombia as a Foreign Terrorist Organization
    DOS notice of the determination of United Self-Defense Forces of Colombia (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 41349, 7/15/14)
    AILA Doc. No. 14071650.
  • 7/16/2014 Call to All AILA Members: Questions Sought for 8/14/14 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 7/28/14.
    AILA Doc. No. 14071649.
  • 7/16/2014 CRS Report with FAQs on Legal Issues of UACs (.pdf 820 KB) Congressional Research Service (CRS) report with FAQs on the legal issues surrounding the unaccompanied alien children (UAC) crisis, including difference between UACs and special immigrant juvenile status, the Flores settlement, custody issues, and rights of UACs.
    AILA Doc. No. 14071648.
  • 7/16/2014 CRS Report on Potential Factors Contributing to Recent UAC Humanitarian Crisis (.pdf 932 KB) Congressional Research Service (CRS) report on potential factors, including conditions in Central America and factors within the U.S., that are contributing to the recent unaccompanied child humanitarian crisis.
    AILA Doc. No. 14071647.
  • 7/16/2014 CIS Ombudsman Teleconference on 2014 Annual Report to Congress (.pdf 512 KB) CIS Ombudsman’s Office invitation to a 7/30/14 teleconference on the 2014 Annual Report to Congress, which summarized the most “pervasive and serious problems” encountered by individuals and employers applying for immigration benefits.
    AILA Doc. No. 14071646.
  • 7/16/2014 DOS/DHS Report on Iraqi Special Immigrant Visa Program (.pdf 1092 KB) Joint DOS/DHS quarterly report on the status of the Iraqi Special Immigrant Visa (SIV) Program. Report includes outline of processing steps with average wait times, number of applications pending at each step of the process, and number of applicants for FY2013. Also includes reasons for denials.
    AILA Doc. No. 14071640.
  • 7/16/2014 BIA Asks IJ to Consider Loss of Income from Both Parents if One Parent Is Removed (.pdf 564 KB) Unpublished BIA decision remanding cancellation denial, finding IJ did not consider the fact that child’s mother works in respondent’s janitorial business, and did not consider financial impact of loss of income from both parents, as a result of his removal. Courtesy of Diana M. Bailey.
    AILA Doc. No. 14071645.
  • 7/16/2014 Talking Points on Proposals to Roll Back TVPRA Protections for UACs (Updated 7/16/14) (.pdf 809 KB) Talking Points on why Congress should not roll back protections for unaccompanied children from non-contiguous countries guaranteed under the TVPRA. Authored by the Women’s Refugee Commission, First Focus Campaign for Children, The Voices and Faces Protect and AILA.
    AILA Doc. No. 14071145.
  • 7/16/2014 Frustrating Government Conduct Involving An I-130 Case
    VOICE is on a brief hiatus until the end of July. Meanwhile, enjoy one of VOICE’s popular stories from the May issue, where the late AILA member Michael Friedberg discusses his frustration with one of his ultimately successful cases involving allegations of marriage fraud.
  • 7/16/2014 USCIS Demographics of DACA Applicants Since 8/15/12 (.pdf 4569 KB) USCIS data on the characteristics of individuals requesting and approved for Deferred Action for Childhood Arrivals (DACA) since the implementation of the program on 8/15/12, including age group, sex, country of birth, marital status, and geographic location at time of filing.
    AILA Doc. No. 14071644.
  • 7/16/2014 DOS Statistics on Iraqi and Afghan Translator Visas (.pdf 1161 KB) DOS statistics for FY2007 through FY2014 on Iraqi and Afghan translator visa usage under the Special Immigrant Visa program.
    AILA Doc. No. 14071643.
  • 7/16/2014 DOS Statistics on Iraqis and Afghans Special Immigrant Cases Converted Under Section 1244 (.pdf 141 KB) DOS statistics for FY2008 through FY2014 on Iraqis and Afghans employed by or on behalf of the U.S. government and special immigrant cases converted under Section 1244.
    AILA Doc. No. 14071642.
  • 7/16/2014 DOS/DHS Report on Afghan Special Immigrant Visa Program (.pdf 1093 KB) Joint DOS/DHS quarterly report on the status of the Afghan Special Immigrant Visa (SIV) Program. Report includes outline of processing steps with average wait times, number of applications pending at each step of the process, and number of applicants for FY2013. Also includes reasons for denials.
    AILA Doc. No. 14071641.
  • 7/16/2014 Daily Immigration News Clips – July 16, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 16, 2014.
  • 7/16/2014 USCIS Response to Ombudsman Recommendation on Employment Eligibility for Conrad State 30 Derivatives (.pdf 584 KB) USCIS response to CIS Ombudsman recommendation on employment eligibility for derivatives of Conrad State 30 J-1 physicians. USCIS is open to J-2 dependents engaging in employment while in H-4 status, but does not agree that J-2 derivatives may change to an employment-authorized nonimmigrant status.
    AILA Doc. No. 14071656.
  • 7/16/2014 DOS Cable on Revised Reciprocity Fee Schedule for Belarus (.pdf 458 KB) DOS cable, effective immediately, with a revised reciprocity fee schedule for Belarus, for various nonimmigrant visa categories. All visa validities for nationals of Belarus will remain unchanged.
    AILA Doc. No. 14071657.
  • 7/15/2014 Your AILA8 for July 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. 14071553.
  • 7/15/2014 DHS 2014 Quadrennial Homeland Security Review (.pdf 9969 KB) DHS 2014 Quadrennial Homeland Security review, including a section on immigration and the statement, “We support common-sense immigration reform legislation that provides an earned pathway to citizenship for the estimated 11.5 million undocumented immigrants in this country.”
    AILA Doc. No. 14071552.
  • 7/15/2014 NSC Invitation to Stakeholder Call on Students and Schools and Other Issues
    NSC invitation to an 8/14/14 stakeholder call on student and schools and “other” issues. Call-in information will be provided closer to the date of the teleconference.
    AILA Doc. No. 14070551.
  • 7/15/2014 National Sign-on Letter Opposing Family Detention (.pdf 520 KB) On 7/7/14 AILA joined over 100 other organizations in a sign-on letter to President Obama urging him to end plans to open new immigrant detention centers for families.
    AILA Doc. No. 14071550.
  • 7/15/2014 AILA NY Letter to Sen. Schumer on UACs (.pdf 514 KB) A 7/15/14 letter from the AILA New York Chapter and the New York Immigration Coalition to Senator Schumer (D-NY) urging him to oppose any plans to expedite the deportation of Central American children to the dangers they escaped in their countries, or lessen protections included in the TVPRA.
    AILA Doc. No. 14071549.
  • 7/15/2014 TRAC Report on New Data on Unaccompanied Children in Immigration Court
    Transactional Records Access Clearinghouse (TRAC) report finding that the more than 100,000 case records obtained show almost half of the unaccompanied alien children (UAC) appeared in court without an attorney. Report includes new tool for UAC cases as well as data on representation of UACs.
    AILA Doc. No. 14071548.
  • 7/15/2014 Senator Flake (R-AZ) Amendment to Weaken the TVPRA
    On 7/9/14 Sen. Flake (R-AZ) filed an amendment (to an unrelated bill) to amend the Trafficking Victims Protection Reauthorization Act of 2008 to allow for the expedited removal of unaccompanied minors from non-contiguous countries.
    AILA Doc. No. 14071547.
  • 7/15/2014 Resources and Links on Central American Humanitarian Crisis (.pdf 664 KB) A resource guide with statistics and information about the humanitarian crisis in the Northern Triangle (Honduras, El Salvador, and Guatemala) of Central America. Includes links to additional resources with information on the multiple push factors driving children to flee their home countries.
    AILA Doc. No. 14071546.
  • 7/15/2014 Video: 4th Annual Pro Bono Clinic
    On Saturday, June 21, AILA members volunteered at the 4th Annual Pro Bono Clinic at the Boston Public Library as part of AILA's 2014 Annual Conference in Boston.
    AILA Doc. No. 14071545.
  • 7/15/2014 AAO Processing Time Report (7/1/14) (.pdf 538 KB) AAO Processing Times as of July 1, 2014.
    AILA Doc. No. 14071544.
  • 7/15/2014 Senate Foreign Relations Committee Hearing on UACs
    A 7/17/14 hearing in the Senate Foreign Relations Committee on, “Dangerous Passage: Central America in Crisis and the Exodus of Unaccompanied Minors,” presided by Senator Menendez (D-NJ).
    AILA Doc. No. 14071542.
  • 7/15/2014 Senate Homeland Security Committee Hearing on Root Causes Behind Rise in UACs
    A 7/16/14 hearing in the Senate Homeland Security Committee on, “Challenges at the Border: Examining and Addressing the Root Causes Behind the Rise in Apprehensions at the Southern Border.”
    AILA Doc. No. 14071543.
  • 7/15/2014 Free This Month on Agora
    AILA free items for July are now available. Read the newest Inside Immigration entry on the civil aspects of international child abduction and the interaction with asylum law. Also free is a seminar recording on administrative closure and indefinite retention. Check them out today!
  • 7/15/2014 Law Professors Letter of Fairness for Central American Children (.pdf 835 KB) A 7/14/14 letter to President Obama signed by 112 professors and researchers with experience teaching and practicing in the areas of immigration, human rights, and international law urging him to maintain the obligations to treat children differently under immigration laws and uphold the TVPRA.
    AILA Doc. No. 14071541.
  • 7/15/2014 DOS Notice of Embassy and Consulate Closings (Updated 7/15/14)
    DOS notice that the Consular Section of the U.S. Embassy in Manila, Philippines is closed on July 16, 2014, in anticipation of inclement weather conditions related to Typhoon Rammasun/Glenda.
    AILA Doc. No. 11151120.
  • 7/15/2014 VSC Announces New Service Center Director (.pdf 486 KB) VSC message from Laura Zuchowski, announcing that she began serving as the new permanent Director of the VSC on 6/29/14.
    AILA Doc. No. 14071540.
  • 7/15/2014 DHS OIG Report on USCIS Tranformation Efforts and Hinderances (.pdf 1795 KB) DHS OIG Report on USCIS Transformation and IT management and efforts, outlining several challenges, including a lack of coordination across internal divisions, technology lacking desired functionality or reliability, and staff not being aware of which systems to use for specific job functions.
    AILA Doc. No. 14071560.
  • 7/15/2014 AILA Board of Governors Meeting Minutes (6/19/14) (.pdf 678 KB) Minutes from the AILA Board of Governors Meeting held in Boston, MA on June 19, 2014.
    AILA Doc. No. 14071561.
  • 7/15/2014 Daily Immigration News Clips – July 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 15, 2014.
  • 7/14/2014 CA11 Says Form I-589 Provides Sufficient Notice of Frivolous Filing Consequences (.pdf 500 KB) The court held that the written notice provided on I-589 asylum application form is sufficient to meet the statutory requirement in INA §208(d)(4) that an applicant be notified of the consequences of filing a frivolous application. (Ruga v. U.S. Att’y Gen., 7/2/14)
    AILA Doc. No. 14071405.
  • 7/14/2014 CA5 Asks BIA to Consider Color of Law Legal Standard for Salvadoran CAT Claim (.pdf 574 KB) The court remanded for the BIA to consider the CAT claim under the color of law legal standard, with information that the extortionists in El Salvador may have received information about the petitioner from government officials acting in their official capacities. (Garcia v. Holder, 7/1/14)
    AILA Doc. No. 14071408.
  • 7/14/2014 CA9 Retroactively Applies Terrorism Bar for Asylum Petitioner from Iran (.pdf 510 KB) The court held the statutory terrorism bar at INA §212(a)(3)(B) applied retroactively to petitioner’s material support of a Tier III organization, the Mojahedi-e Khalq (MEK), although his activities with MEK in the 1970s occurred before official designation. (Bojnoordi v. Holder, 7/7/14)
    AILA Doc. No. 14071409.
  • 7/14/2014 CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations (.pdf 1051 KB) The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. (Ortiz-Estrada v. Holder, 7/3/14)
    AILA Doc. No. 14071407.
  • 7/14/2014 AILA Comments on USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses (.pdf 558 KB) AILA’s comments in response to USCIS’s proposed rule to extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful permanent resident status through employment.
    AILA Doc. No. 14071404.
  • 7/14/2014 San Antonio Non-Detained Docket Suspended Through 8/31/14
    The San Antonio Immigration Court Administrator notified the Texas Chapter that all juvenile cases (detained and non-detained) on the juvenile dockets will go forward as scheduled. Other non-detained dockets remain suspended per an earlier announcement.
    AILA Doc. No. 14070141.
  • 7/14/2014 AILA Comments on USCIS Proposed Rule on Enhancing Opportunities for High-Skilled Professionals (.pdf 528 KB) AILA’s comments in response to USCIS’s proposed rule to update the regulations to enhance opportunities for H-1B1, CW-1, E-3 nonimmigrants, and EB-1 immigrants.
    AILA Doc. No. 14071403.
  • 7/14/2014 Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal (.pdf 759 KB) Practice pointer on completing the Form I-589, Application for Asylum and Withholding of Removal including question-by-question guidance and tips to help ensure proper completion. Special thanks to Lisa Green, Dree Collopy, and the Asylum and Refugee Liaison Committee
    AILA Doc. No. 14071402.
  • 7/14/2014 Check-in with DOS’s Charlie Oppenheim- July 2014
    DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.
    AILA Doc. No. 14071401.
  • 7/14/2014 AILA Practice Pointer: Biometrics Capture: How, When, and Where? (.pdf 471 KB) AILA International Operations Liaison Committee practice pointer provides best practices for ensuring timely capture of biometrics and offers possible alternatives if your client is unable to attend the biometrics appointment as indicated on the ASC appointment notice.
    AILA Doc. No. 14071460.
  • 7/14/2014 NSC Practice Pointer: Submitting a Form G-28 for an I-601 Waiver Case
    Practice pointer on the best way to submit a Form G-28 when a Form I-601 waiver application is pending and a request for evidence or other correspondence was sent to the applicant overseas. Special thanks to the NSC Liaison Committee.
    AILA Doc. No. 14071406.
  • 7/14/2014 Daily Immigration News Clips – July 14, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 14, 2014.
    AILA Doc. No. 14071400.
  • 7/14/2014 NBC Practice Alert: Proving EAD Eligibility for Applicants in Removal Proceedings (Updated 7/14/14)
    AILA NBC Liaison Committee practice alert informing members of the type of evidence that may be submitted to demonstrate that an applicant in removal proceedings, including proceedings that have been administratively closed, is eligible for an EAD.
    AILA Doc. No. 12060443.
  • 7/14/2014 NBC Practice Alert: Filing for Adjustment Using Secondary Evidence of Lawful Admission (.pdf 609 KB) AILA NBC Practice alert providing a procedural overview of how DHS contractors and NBC officers process applications for adjustment of status where secondary evidence of lawful admission under Matter of Quilantan and Matter of Areguillin is submitted.
    AILA Doc. No. 14071461.
  • 7/11/2014 Your AILA8 for July 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. 14071146.
  • 7/11/2014 AILA Quicktake #89: Senate Hearing on the President's Emergency Supplemental Request
    AILA Advocacy Director Greg Chen provides an analysis on yesterday's Senate Appropriations Committee hearing titled, "Review of the President's Emergency Supplemental Request for Unaccompanied Children and Related Matters."
    AILA Doc. No. 14071142.
  • 7/11/2014 CA5 Says New Mexico Auto-Burglary Conviction Is an Aggravated Felony (.pdf 592 KB) The court upheld the BIA’s determination that the auto-burglary conviction under §30-16-3(B) of the New Mexico statute constituted a conviction for an aggravated felony because it was an attempted theft offense, rendering petitioner ineligible for cancellation. (Garcia v. Holder, 6/30/14)
    AILA Doc. No. 14071143.
  • 7/11/2014 CA3 Says Firearms Dealing Without a License Is Not a CIMT (.pdf 510 KB) The court reversed the BIA’s conclusion, holding that the BIA was incorrect in finding that petitioner’s conviction of firearms dealing without a license under 18 USC §§922(a)(1)(A) and (a)(2) was categorically a crime involving moral turpitude (CIMT). (Mayorga v. Att'y Gen., 6/27/14)
    AILA Doc. No. 14071140.
  • 7/11/2014 CA1 Declines to Review New Evidence Not Presented First to BIA (.pdf 473 KB) The court denied the petition for review, finding the BIA did not abuse its discretion in denying the motion to reopen and it did not have jurisdiction to consider new evidence relating to persecution by the Taliban in Pakistan that was not presented to the BIA. (Shah v. Holder, 7/2/14)
    AILA Doc. No. 14071100.
  • 7/11/2014 Daily Immigration News Clips – July 11, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 11, 2014.
  • 7/11/2014 BIA Sustains Appeal and Finds Respondent Eligible for Cancellation of Removal (.pdf 1040 KB) Unpublished BIA decision sustaining the appeal and holding that the respondent was eligible for cancellation of removal, finding that the IJ erred in determining that respondent’s testimony was not credible regarding the dates of entry. Courtesy of Diana M. Bailey.
    AILA Doc. No. 14071144.
  • 7/11/2014 USCIS Comment Request on DNA Evidence in Refugee Processing
    USCIS 60-day comment request on allowing Form I–590 applicants to use an AABB accredited laboratory to provide effective and credible evidence of the parent-child relationship. USCIS is also seeking to conduct a Rapid DNA testing pilot. Comments are due by 9/8/14. (79 FR 38558, 7/8/14)
    AILA Doc. No. 14071161.
  • 7/11/2014 EOIR Interim Rule on Designation of Temporary Immigration Judges
    EOIR interim rule to allow former Board members, former IJs, and administrative law judges employed within or retired from EOIR and other agencies to act as temporary immigration judges for renewable six-month terms. Rule is effective 7/11/14. Comments due by 9/9/14. (79 FR 39953, 7/11/14)
    AILA Doc. No. 14071041.
  • 7/11/2014 BIA Remands to Consider Claim Involving “Interfiling” of I-140
    Unpublished BIA decision remands for further consideration of the respondent’s adjustment application and first Form I-140 and whether he maintained lawful status in light of the “interfiling” of a second I-140 that was found to be fraudulent. Special thanks to IRAC. (Matter of Hong, 4/29/14)
    AILA Doc. No. 14071160.
  • 7/10/2014 Senate Letter to President on Protections of UACs (.pdf 614 KB) A 7/10/14 letter from Senators Hirono (D-HI), Gillibrand (D-NY), Heitkamp (D-ND) and Feinstein (D-CA) called on President Obama to humanely address the surge of unaccompanied children at the southern border and consider the humanitarian and legal rights of the unaccompanied children.
    AILA Doc. No. 14071050.
  • 7/10/2014 Your AILA8 for July 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. 14071051.
  • 7/10/2014 USCIS Webinar on Immigration Relief for Victims of Human Trafficking and Other Crimes (.pdf 757 KB) USCIS invitation to a 7/16/14 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. 14071049.
  • 7/10/2014 Media Talking Points for AILA Members on UACs
    As AILA Members are asked about unaccompanied children, they may find these brief talking points of use for interviews, particularly those focused on the proposed changes to the TVPRA. These will be updated as the issue continues to develop in the news and on the Hill.
    AILA Doc. No. 14071048.
  • 7/10/2014 Daily Immigration News Clips – July 10, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 10, 2014.
  • 7/10/2014 OCAHO Reduces Penalties After Reviewing Seriousness of Violations (.pdf 624 KB) OCAHO final decision reduced the penalties, but stated that it disagreed with Golf that failing to sign the section 2 attestation for nearly all its employees was a “single, benign error,” and instead reflected a pattern of serious violations. (U.S. v. Golf International, 6/13/14)
    AILA Doc. No. 14071047.
  • 7/10/2014 TRAC Report Finding Juvenile Cases Help Push Immigration Court Backlog to New High
    TRAC report finding that as of June 2014, the number of pending cases before Immigration Courts reached an all-time high of 375,503, with over 41,000 cases involving juveniles and of that, 12,841 involving Guatemalan juveniles. Report includes court location, nationality, and wait time information.
    AILA Doc. No. 14071046.
  • 7/10/2014 Master the Art of Removal Defense – September 19
    AILA’s Fall CLE Conference in Seattle will delve into removal defense issues, providing an advanced understanding of this complex process. The conference is organized around a detailed fact pattern and sample litigation documents to help you prepare for scenarios you might encounter. Register today!
  • 7/10/2014 Leon Rodriguez Sworn in as USCIS Director (.pdf 540 KB) USCIS press release announcing that Leon Rodriguez was sworn in on 7/9/14 as the director of USCIS. Announcement includes biographical information on Mr. Rodriguez.
    AILA Doc. No. 14071045.
  • 7/10/2014 BIA Orders Further Consideration of Adjustment Application
    Unpublished BIA decision reopens proceedings in light of evidence submitted on appeal indicating respondent’s conviction involved less than 30 grams of marijuana, making him eligible to adjust status with a 212(h) waiver. Special thanks to IRAC. (Matter of Gamanga, 4/29/14)
    AILA Doc. No. 14071044.
  • 7/10/2014 BIA Finds Failure to Prepare Affidavit of Support Constitutes Ineffective Assistance
    Unpublished BIA decision finds respondent established a prima facie case of ineffective assistance based on allegations that prior attorney failed to prepare and submit Form I-864 in connection with adjustment application. Special thanks to IRAC. (Matter of Kurgat, 4/25/14)
    AILA Doc. No. 14071043.
  • 7/10/2014 Need Help Using the Message Center?
    Are you new to the Message Center? Or maybe just in need of more guidance? AILA now has a tutorial that walks you through all the frequently used features on the Message Center. Learn how to post, reply, and find what you need.
    AILA Doc. No. 14071042.
  • 7/10/2014 Practice Alert: Approval Notices Issued without I-94 Card (Updated 7/10/14)
    AILA has received numerous reports of extension and change of status approval notices being received that do not contain an I-94 card at the bottom of the document, and the issue has been raised with the VSC and CSC for resolution. Watch InfoNet for additional updates.
    AILA Doc. No. 14070848.
  • 7/10/2014 The 411 on Metadata and Lawyering
    What are a lawyer’s obligations to prevent disclosure of confidential information in metadata? Better yet…what is metadata anyway? And, how and why does it affect me and my practice? Find out in this week’s Practice Success Tip.
    AILA Doc. No. 14071040.
  • 7/9/2014 Senate Appropriations Hearing on President's Emergency Supplemental Request for UAC Matters (Updated 7/9/14)
    A 7/10/14 hearing in the Senate Appropriations committee, “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”
    AILA Doc. No. 14070741.
  • 7/9/2014 Your AILA8 for July 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. 14070947.
  • 7/9/2014 CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim (.pdf 489 KB) The court remanded, finding that the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14)
    AILA Doc. No. 14070945.
  • 7/9/2014 AILA Statement for Senate Appropriations Hearing on UACs (.pdf 714 KB) AILA statement submitted to the Senate Appropriations Committee for the 7/10/14 hearing on “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”
    AILA Doc. No. 14070946.
  • 7/9/2014 BIA Finds N.Y. Attempted Second Degree Gang Assault Not CIMT
    Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Special thanks to IRAC. (Matter of Clase, 4/25/14)
    AILA Doc. No. 14070944.
  • 7/9/2014 BIA Rescinds In Absentia Order Because Adult Did Not Receive Hearing Notice
    Unpublished BIA rescinds in absentia order under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), because the respondent was a juvenile and no adult was notified of the hearing. Special thanks to IRAC. (Matter of Rojop-Hernandez, 4/23/14)
    AILA Doc. No. 14070943.
  • 7/9/2014 EOIR Factsheet on New Priorities to Address Migrants Crossing into the U.S. (.pdf 679 KB) A 7/9/14 Department of Justice factsheet on the steps EOIR will take to refocus its resources to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings.
    AILA Doc. No. 14070942.
  • 7/9/2014 EOIR Announcement of New Priorities to Address Migrants Crossing into the U.S. (.pdf 538 KB) A 7/9/14 Department of Justice press release announcing that EOIR will refocus its resources to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings.
    AILA Doc. No. 14070941.
  • 7/9/2014 AILA Ethics Compendium (Updated 7/9/14)
    The AILA Ethics Compendium is a multi-year project of the AILA Ethics Committee to analyze state and federal professional conduct rules, court opinions, legal ethics opinions, and other authority to provide information and guidance to immigration lawyers.
    AILA Doc. No. 13100890.
  • 7/9/2014 Daily Immigration News Clips – July 9, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 9, 2014.
  • 7/9/2014 Senate Homeland Security Hearing on Humanitarian Crisis at Southern Border
    A 7/9/14 hearing in the Senate Homeland Security and Government Affairs committee, “Challenges at the Border: Examining the Causes, Consequences, and Responses to the Rise in Apprehensions at the Southern Border.”
    AILA Doc. No. 14070940.
  • 7/8/2014 Visa Bulletin for August 2014 (.pdf 569 KB) DOS Visa Bulletin for August 2014. Visa bulletin includes family-based and employment-based information, as well as diversity visa cut-off dates and a note on visa availability in the coming months.
    AILA Doc. No. 14070859.
  • 7/8/2014 EB-5 Processing Time Report (7/8/14) (.pdf 706 KB) EB-5 Processing Time Report released on 7/8/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14070858.
  • 7/8/2014 National Benefits Center Processing Time Report (7/8/14) (.pdf 838 KB) NBC Processing Time Report released on 7/8/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14070857.
  • 7/8/2014 Vermont Service Center Processing Time Report (7/8/14) (.pdf 618 KB) VSC Processing Time Report released on 7/8/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14070856.
  • 7/8/2014 Texas Service Center Processing Time Report (7/8/14) (.pdf 598 KB) TSC Processing Time Report released on 7/8/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14070855.
  • 7/8/2014 Nebraska Service Center Processing Time Report (7/8/14) (.pdf 600 KB) NSC Processing Time Report released on 7/8/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14070854.
  • 7/8/2014 CRS Report on Noncitizens’ Right to Counsel in Removal Proceedings (.pdf 730 KB) Congressional Research Service (CRS) report providing an overview of the various legal authorities governing noncitizens’ right to counsel, as that term is broadly understood, in removal proceedings. Report includes analysis of right to counsel at noncitizens’ expense and at government’s expense.
    AILA Doc. No. 14070852.
  • 7/8/2014 BIA Upholds Grant of Adjustment Despite Illegal Re-Entry During Three-Year Bar
    Unpublished BIA decision finds respondent eligible to adjust status under INA 245(i) despite having illegally re-entered the country because he was no longer subject to the three-year unlawful presence bar. Special thanks to IRAC. (Matter of Cruz, 4/9/14)
    AILA Doc. No. 14070851.
  • 7/8/2014 Your AILA8 for July 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. 14070830.
  • 7/8/2014 AILA: Administration Request for Funding – Not Enough to Protect Children
    AILA President Leslie Holman detailed some of AILA’s concerns with the Administration’s funding request to Congress for additional resources to address the needs of unaccompanied children, noting that ”Some of the request is absolutely essential but much portends steps in the wrong direction.”
    AILA Doc. No. 14070850.
  • 7/8/2014 CA9 Blocks Arizona Driver’s License Ban for DACA Beneficiaries (.pdf 620 KB) The court held it could identify no legitimate state interest that was rationally related to defendants’ decision to treat DACA recipients disparately from other noncitizens who could use their EAD cards when applying for driver’s licenses. (Arizona Dream Act Coalition v. Brewer, 7/7/14)
    AILA Doc. No. 14070849.
  • 7/8/2014 CA1 Finds BIA Did Not Conduct Thorough CIMT Analysis and Remands (.pdf 470 KB) The court found the BIA did not conduct a thorough analysis in finding that shoplifting under Mass. Gen. Laws Ch. 266, §30A was a crime involving moral turpitude (CIMT), as it should have applied a categorical approach and analysis of the MA law instead of PA law. (Mejia v. Holder, 6/25/14)
    AILA Doc. No. 14070844.
  • 7/8/2014 AILA Leadership Blog: A Victory for the Arizona DACAmented
    Maurice Goldman, AILA Media Advocacy Committee Chair, highlights the recent Ninth Circuit win for individuals who had been granted Deferred Action for Childhood Arrivals (DACA) who have been fighting Arizona Governor Jan Brewer’s executive order prohibiting them from getting drivers’ licenses.
  • 7/8/2014 AILA Recommendations on Legal Standards and Protections for Unaccompanied Children (.pdf 853 KB) An AILA background document on the current regional humanitarian crisis affecting the southwestern border of the United States, with AILA recommendations on legal standards and protections for unaccompanied children.
    AILA Doc. No. 14070847.
  • 7/8/2014 White House Factsheet on Supplemental Funding Request to Congress (.pdf 613 KB) A 7/8/14 White House factsheet detailing the administration’s request for $3.7 billion in supplemental funding for an inter-agency response to the humanitarian crisis affecting the southwest border of the United States.
    AILA Doc. No. 14070846.
  • 7/8/2014 President's Request to Speaker Boehner for Supplemental Funding for Humanitarian Crisis (.pdf 3874 KB) A 7/8/14 letter from President Obama to Speaker Boehner (R-OH) requesting $3.7 billion in supplemental funding for an inter-agency response to the humanitarian crisis affecting the southwest border of the United States.
    AILA Doc. No. 14070845.
  • 7/8/2014 AILA’s Comments on DOL’s Request for Information Collection for Form ETA-9089 (.pdf 534 KB) AILA’s comments in response to request for information collection for Form ETA-9089, Application for Permanent Employment Certification, submitted to the OFLC on 7/7/14.
    AILA Doc. No. 14070843.
  • 7/8/2014 Immigration Law Advisor, June 2014 (Vol. 8, No. 5) (.pdf 761 KB) The June 2014 issue of Immigration Law Advisor includes an article analyzing the immigration consequences of criminal convictions after Descamps v. U.S. and statistics and summaries of federal court decisions for May 2014, including recent circuit court decisions and BIA precedent decisions.
    AILA Doc. No. 14070842.
  • 7/8/2014 Welcome New Members
    AILA would like to welcome its newest members.
    AILA Doc. No. 11123049.
  • 7/8/2014 MSNBC Segment: All in with Chris Hayes: Republicans Call on Obama to Break Law, Deport Children
    AILA President Leslie Holman discusses the humanitarian crisis at our southern border and what the Administration’s reported request to Congress for the authority to “fast track” deportations of Central American children might mean.
    AILA Doc. No. 14070841.
  • 7/8/2014 Article: Most in Flood of Young Immigrants Will Be Sent Home, White House Says
    Continuing news coverage of the unaccompanied children crisis included an article in the Los Angeles Times in which AILA Director of Advocacy Greg Chen reflected that “creating shortcuts in the law could deny children protection from violent gangs and sex traffickers.”
    AILA Doc. No. 14070840.
  • 7/8/2014 Daily Immigration News Clips – July 8, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 8, 2014.
  • 7/8/2014 Impress Your Boss and Clients!
    VOICE is on a brief hiatus until the end of July. Meanwhile, enjoy one of VOICE’s popular stories from the April issue, where AILA member Cletus Weber offers tips to entry-level immigration attorneys and support staff on minimizing embarrassing mistakes and succeeding at work.
  • 7/8/2014 California Service Center Processing Time Report (7/8/14) (.pdf 626 KB) CSC Processing Time Report released on 7/8/14 with processing dates as of 5/31/14.
    AILA Doc. No. 14070853.
  • 7/7/2014 Your AILA8 for July 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. 14070750.
  • 7/7/2014 CBP Announces Immediate Deployment of 150 Border Patrol Agents to Rio Grande Valley (.pdf 846 KB) CBP press release announces the immediate deployment of approximately 150 additional Border Patrol agents to the Rio Grande Valley, Texas, where the largest number of unaccompanied minors are arriving. Press release includes information on Dangers Awareness campaign.
    AILA Doc. No. 14070749.
  • 7/7/2014 IJ Finds Noncitizen Respondent Was Misled By Government on Eligibility to Vote (.pdf 1070 KB) The IJ found that the defense of official authorization was established, the respondent was not inadmissible under INA §212(a)(1)(D), and that she was otherwise qualified to adjust status and granted her application. Courtesy of Richard Hanus.
    AILA Doc. No. 14070746.
  • 7/7/2014 BIA Finds Pro Se Respondent Not Given Adequate Time to Seek Counsel
    Unpublished BIA decision holds that a nine-day continuance over a holiday period for a detained respondent who did not speak English was insufficient time to retain counsel. Special thanks to IRAC. (Matter of Castillo, 4/9/14)
    AILA Doc. No. 14070748.
  • 7/7/2014 CBP Chart with FY2013 and FY2014 Comparisons of Southwestern Border Apprehensions (.pdf 1222 KB) CBP press release with a chart comparing southwest border unaccompanied children apprehensions from FY2014 (10/1/13 through 6/15/14) to the same time period in FY2013, broken down by CBP sector and by country of origin.
    AILA Doc. No. 14070747.
  • 7/7/2014 DOL Online Research Tools and Information Sources (7/7/14)
    The AILA DOL Liaison Committee provides a compiled list of online research tools and information sources for DOL, including DOL items posted on InfoNet, as well as DOL resources on PWDs, LCAs, nonimmigrant categories, and more.
    AILA Doc. No. 12121342.
  • 7/7/2014 CA5 Upholds Asylum Denial for Eritrean Petitioner (.pdf 600 KB) The court denied the petition for review, holding that punishment for violation of conscription laws of general applicability does not in itself constitute “persecution” on account of political opinion under INA §101(a)(42)(A). (Milat v. Holder, 6/19/14)
    AILA Doc. No. 14070745.
  • 7/7/2014 DOS Alert: Approved H-1Bs with a 10/1/14 Start Date May File Visa Applications Now
    AILA practice alert reminds members that beneficiaries of approved H-1B petitions with a 10/1/14 start date may now begin filing their visa applications at U.S. consular posts.
    AILA Doc. No. 14070740.
  • 7/7/2014 BIA Remands for 212(c) Hearing
    Unpublished BIA decision finds respondent eligible for 212(c) waiver for conviction sustained after jury trial, finding Matter of Abdelghany trumps Sixth Circuit decision in Kellerman. Special thanks to IRAC. (Matter of J-G, 4/9/14)
    AILA Doc. No. 14070744.
  • 7/7/2014 New Monographs Available on Agora!
    AILA released two new monographs covering Conrad State 30 Program waivers of the two-year home residency for international medical graduates and the special immigrant visa programs that are available to Iraqis and Afghans who helped U.S. forces in-country. Free for members, so download today.
  • 7/7/2014 USCIS Invitation to NSC Teleconference on Refugee and Asylee Issues (Updated 7/7/14)
    USCIS invitation to a 7/10/14 NSC teleconference on refugee and asylee issues. Registration information provided.
    AILA Doc. No. 14061842.
  • 7/7/2014 OSC Settlement Resolving Employment Verification Discrimination Claims (.pdf 536 KB) OSC settlement with Commercial Cleaning Systems for $53,500 in civil penalties and $25,000 in back pay, resolving claims that it subjected work-authorized non-U.S. citizens to present specific documentation in order to verify their employment eligibility. Investigation based on referral from USCIS.
    AILA Doc. No. 14070743.
  • 7/7/2014 AILA New Members Division E-News, July 2014 (Vol. 6, Issue 3)
    This latest edition brings you expert practice tips related to securing O-1B status for artistic clients, new page limitations for E-2 applicants, seeking termination vs. administrative closure, using social media in your practice, and legislative immigration reform.
    AILA Doc. No. 14070344.
  • 7/7/2014 Minutes from DOL Stakeholder Meeting (4/9/14) (.pdf 539 KB) AILA minutes from the 4/9/14 meeting with DOL. Topics included processing times, prevailing wage determinations including ACWIA wages, PERM advertising, supervised recruitment, Section K PERM denials and mechanism for addressing such denials, LCAs, H-2As, H-2Bs, and area of intended employment.
    AILA Doc. No. 14070742.
  • 7/7/2014 Daily Immigration News Clips – July 7, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 7, 2014.
  • 7/7/2014 USCIS Invitation to TRIG Quarterly Stakeholder Meeting (Updated 7/7/14) (.pdf 625 KB) USCIS rescheduled the quarterly Terrorist-Related Inadmissibility Grounds (TRIG) stakeholder meeting in Washington D.C. to 8/14/14. Meeting was originally scheduled for 7/15/14. Only in person participation is available. Registration information included.
    AILA Doc. No. 14062048.
  • 7/7/2014 The Annual Conference at Your desk – $899
    If you missed this year’s Annual Conference, you can get any or all the expert education and information you missed. Recordings for the entire conference are available to members for $899; or choose by session or track. Whatever your choice—purchase your recordings on Agora today.
  • 7/3/2014 DOS Fact Sheet on Afghan Special Immigrant Visa Program (.pdf 1541 KB) DOS fact sheet on Afghan Special Immigrant Visas (SIVs), including the number of visas available and remaining for FY2014, as well as processing time information. Application deadline is 9/30/14.
    AILA Doc. No. 14070345.
  • 7/3/2014 Send in Your Suggestions for Changes to the DOL SOC
    AILA’s DOL Liaison Committee is collecting suggestions and comments from members in connection with the Bureau of Labor Statistics’ 2018 revisions to the Standard Occupational Classifications (SOC). Please send input to reports@aila.org no later than July 11, 2014.
    AILA Doc. No. 14070353.
  • 7/3/2014 Your AILA8 for July 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. 14070352.
  • 7/3/2014 DHS CRCL Newsletter, June 2014 (.pdf 712 KB) DHS CRCL newsletter for June 2014, including Secretary Johnson’s visit to an Illinois ICE facility where he solicited views on potential removal reforms, a chart on the surge of unaccompanied children at the southwest border and related information, and CBP’s revised use of force policy handbook.
    AILA Doc. No. 14070351.
  • 7/3/2014 AILA Quicktake #88: New York Immigrant Assistance Service Enforcement Act
    Camille Mackler, co-chair of Media and Advocacy Committee for the New York Chapter of AILA and Director of Training and Technical Assistance for the New York Immigrant Coalition shares information about the passage of the New York Immigrant Assistance Service Enforcement Act (IASEA) in New York.
    AILA Doc. No. 14070350.
  • 7/3/2014 July 2014 OCC Duty Calendar (.pdf 523 KB) July 2014 Duty Calendar for Office of Chief Counsel.
    AILA Doc. No. 14070349.
  • 7/3/2014 National Sign-On Letter on UACs (.pdf 513 KB) On 7/3/14, AILA joined over 190 other organizations in a sign-on letter to President Obama urging him to reconsider the plan to expedite the deportation of Central American children to the dangers they escaped in their home countries.
    AILA Doc. No. 14070346.
  • 7/3/2014 2014 AILA Iowa/Nebraska Chapter Fall Conference
    It’s a Jungle Out There
    September 12, 2014
    8:00 a.m. – 5:00 p.m.
    Omaha’s Henry Doorly Zoo
    3701 S. 10th Street
    Omaha, Nebraska 68107
    This event is not being organized by the AILA National Office.
  • 7/3/2014 AILA Members’ LTE Template on Unaccompanied Children
    AILA members are urged to personalize and use this template Letter to the Editor (LTE) in response to articles mentioning the surge of unaccompanied children seeking refuge from violence and turmoil.
    AILA Doc. No. 14070343.
  • 7/3/2014 BIA Terminates Proceedings Sua Sponte After Circuit Ruling
    Unpublished BIA decision reopens and terminates proceedings sua sponte in light of Third Circuit decision finding respondent non-removable but not remanding for further proceedings. Special thanks to IRAC. (Matter of Borrome, 4/7/14)
    AILA Doc. No. 14070342.
  • 7/3/2014 USCIS Blog on Top Five Filing Mistakes Seen in Form I-601A Provisional Waiver Filings
    USCIS blog on Form I-601A, Application for Provisional Unlawful Presence Waiver, and the top filing errors seen by USCIS and how to avoid them. USCIS notes that it may delay processing or reject, return, or deny applications with these mistakes. Blog includes a link to a Form I-601A checklist.
    AILA Doc. No. 14070341.
  • 7/3/2014 AILA Leadership Blog: Fireworks: A Beacon in the Sky for the World
    In this blog post, AILA Media Advocacy Committee Member Dree Collopy shares her thoughts on Independence Day and her hope that “our country continues to light the sky, to offer hope in the midst of darkness, to offer safe haven to children and refugees seeking freedom from violence and fear.”
  • 7/3/2014 Daily Immigration News Clips – July 3, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 3, 2014.
  • 7/3/2014 The Summer of Incremental Innovation
    Use the power of Incremental Innovation this summer to make improvements in your practice.
    AILA Doc. No. 14070340.
  • 7/3/2014 DOS FAQs on Afghan Special Immigrant Visas (.pdf 1038 KB) DOS FAQs on Afghan Special Immigrant Visas (SIVs), including questions on the application deadline, how to document the one-year of qualifying employment, scheduling visa interviews, medical exams, and scheduling interviews for dependents.
    AILA Doc. No. 14070347.
  • 7/3/2014 USCIS Interim Memo on Implementing Statutory Changes on Intercountry Adoptions (.pdf 556 KB) USCIS interim policy memo with guidance on the implementation of the Intercountry Adoption Universal Accreditation Act of 2012 and the Consolidated Appropriations Act, 2014 that impact the adjudication of intercountry adoptions. Comments are due by 8/13/14 and the memo is in effect.
    AILA Doc. No. 14070360.
  • 7/2/2014 GAO Report on Strengthening Collaborative Mechanisms Along the Southwest Border (.pdf 1256 KB) GAO report to the Chairman, House Committee on Homeland Security, on border security and opportunities to strengthen collaborative agency mechanisms along the southwest border. Report includes background information, recommendations on executive action, and agency comments.
    AILA Doc. No. 14070257.
  • 7/2/2014 Your AILA8 for July 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. 14070256.
  • 7/2/2014 DHS Report on UACs by Location of Origin for 2014 (.pdf 3324 KB) DHS report on CBP apprehensions statistics for 2014, with analysis of factors pushing unaccompanied alien children (UAC) to U.S. southwest border from Honduras, El Salvador, and Guatemala.
    AILA Doc. No. 14070255.
  • 7/2/2014 Representative Issa Letter Asking President to End DACA (.pdf 850 KB) A 7/2/14 letter from Representative Issa (R-CA), signed by 32 of his Republican House colleagues, offering suggestions to President Obama on how to curtail the humanitarian crisis at the southern border, including telling him to end deferred action for childhood arrivals.
    AILA Doc. No. 14070252.
  • 7/2/2014 Video: Deputy Secretary of Homeland Security at AILA's Annual Conference
    Deputy Secretary of Homeland Security Alejandro Mayorkas delivers the keynote address and participates in a Q&A session at AILA's 2014 Annual Conference in Boston.
    AILA Doc. No. 14070254.
  • 7/2/2014 California Supreme Court Says State Employee Law Is Not Preempted by Federal Law (.pdf 798 KB) The court found a state law extending state employee protections to workers “regardless of immigration status” is not preempted by federal law except to extent it authorizes lost pay damages after discovering employee’s ineligibility to work in the U.S. (Salas v. Sierra Chemical Co., 6/26/14)
    AILA Doc. No. 14070253.
  • 7/2/2014 NSC Liaison Q&As from Business Issues Teleconference (6/12/14) (.pdf 470 KB) The NSC Liaison Committee’s unofficial Q&As from stakeholders on a 6/12/14 teleconference with NSC. Topics included processing time for NIWs, with NSC noting that they should be within normal processing time frames by the end of June, NIWs for entrepreneurs, and RFEs for status documents.
    AILA Doc. No. 14070251.
  • 7/2/2014 USCIS Q&As from 1/28/14 Asylum Stakeholder Engagement (.pdf 13234 KB) USCIS Q&As from the 1/28/14 USCIS asylum division quarterly stakeholder engagement. Topics covered include an update on the phased implementation of the asylee/refugee following to join process, personnel updates, RAIO combined training and asylum division officer training, and stakeholder Q&As.
    AILA Doc. No. 14070250.
  • 7/2/2014 President Obama 6/30/14 Remarks on Border Security and Immigration Reform
    Text of President Obama’s 6/30/14 remarks on border security and immigration reform. Remarks included plans to ask Congress for resources to address the humanitarian crisis involving unaccompanied alien children from Central America and plans for administrative action on deportation policies.
    AILA Doc. No. 14070249.
  • 7/2/2014 AILA Leadership Blog: Let’s Dance
    In this post, AILA President Leslie Holman looks forward to the coming year, writing “I am looking forward to this year. To liaising with the government and you. To working together to make positive changes in immigration, to make things better for our clients, to making AILA the best it can be.”
  • 7/2/2014 CBP Press Release on Border Crossing Dangers Awareness Campaign (.pdf 2322 KB) CBP press release that CBP Commissioner discussed the Danger Awareness Campaign, a Spanish language outreach effort in U.S. metropolitan cities and in El Salvador, Honduras, and Guatemala, to warn families about the dangers encountered by unaccompanied minors who attempt to travel to U.S.
    AILA Doc. No. 14070258.
  • 7/2/2014 Immigration Judge Complaint Statistics for Second Quarter of FY2014 (.pdf 500 KB) DOJ immigration judge complaint statistics for FY2014 (between 1/1/14 and 3/31/14) during which 25 complaints were received and 12 complaints were closed. Statistics include number of complaints received, resolution of complaints, basis of complaint, and source of complaint.
    AILA Doc. No. 14070248.
  • 7/2/2014 DOL’s OFLC Updates Prevailing Wage Data From Occupational Employment Survey (.pdf 540 KB) DOL alert that on 7/1/14, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey for July 2014 through June 2015. Prevailing wages issued from the National Prevailing Wage Center will reflect the new data.
    AILA Doc. No. 14070247.
  • 7/2/2014 AILA Resources on Detainers (Updated 7/2/2014)
    Updates and resources related to Secure Communities, including AILA press statements, reports, and testimonies.
    AILA Doc. No. 11113063.
  • 7/2/2014 OCAHO Grants OSC’s Motion to Compel in H-2B Discrimination Case (.pdf 2983 KB) In case alleging favoritism of H-2B employees, OCAHO orders supplemental documents and answers to interrogatories for 2010 and 2011 be provided within 30 days, finding that the discovery sought is relevant and the requests are not overly broad. (U.S. v. Autobuses Ejecutivos, 5/29/14)
    AILA Doc. No. 14070246.
  • 7/2/2014 Article: Influx Of Children Creates New Strain On Beleaguered Immigration Courts
    Past AILA President Kathleen Campbell Walker spoke to NPR about the potential impact that the surge of unaccompanied children fleeing Central America may have on the already-backlogged immigration court system.
    AILA Doc. No. 14070245.
  • 7/2/2014 AILA Quicktake #87: President Obama's Announcement on UACs
    President Obama announced plans to ask Congress for resources to address the humanitarian crisis involving unaccompanied alien children (UACs) from Central America and his plans for administrative action on deportation policies. AILA President Leslie Holman discusses the announcement via Skype.
    AILA Doc. No. 14070244.
  • 7/2/2014 Practice Pointer: CBP Reminder to Officers on Handling Complaints at Ports of Entry
    CBP has informed stakeholders that it will be re-emphasizing the complaint handling procedures to all of its officers at the ports of entry, including having a supervisor available upon request to address traveler concerns and that nametags must be visible on the officer’s outermost garment.
    AILA Doc. No. 14070243.
  • 7/2/2014 USCIS Reminder: Passport Photos Required with DACA I-765 Submissions (.pdf 558 KB) USCIS reminder that two passport-style photographs are required with the submission of Form I-765, Application for Employment Authorization. This is required for both initial and renewal DACA requests.
    AILA Doc. No. 14070242.
  • 7/2/2014 BIA Says Proof that Noncitizen Knew of Fraud in Application Is Not Required for Terminating Asylum Grant (.pdf 526 KB) The BIA held DHS is not required to establish that a noncitizen knew of the fraud in the application in order to terminate an asylum grant, yet DHS must still separately prove the noncitizen was not eligible for asylum at the time it was granted. Matter of P-S-H-, 26 I&N Dec. 329 (BIA 2014)
    AILA Doc. No. 14070241.
  • 7/2/2014 No Childhood Here: Why Central American Children Are Fleeing Their Homes
    An American Immigration Council report based on interviews with children recently returned to El Salvador, as well as conversations with journalists and local, regional, and government officials, sheds light on what is compelling minors to migrate to the U.S. or other countries in the region.
    AILA Doc. No. 14070240.
  • 7/2/2014 Case Resolution Strategies (Updated 7/2/14) (.pdf 1329 KB) Learn how to solve your toughest case problems on your own or with help from AILA Liaison. Includes references to AILA documents that will help you solve G-28 issues, make expedite requests, inquire on TRIG cases, request a fee refund, and more.
    AILA Doc. No. 10100873.
  • 7/2/2014 Daily Immigration News Clips – July 2, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 2, 2014.
  • 7/2/2014 EOIR Resources on Fraud and Discipline Programs
    EOIR webpage with resources on its Fraud Prevention Program, which makes referrals for investigation of immigration fraud complaints it receives from EOIR staff and adjudications, respondents in EOIR proceedings, and the public.
    AILA Doc. No. 14070260.
  • 7/1/2014 Your AILA8 for July 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. 14070149.
  • 7/1/2014 AILA Monthly Calendar of Events: July 2014 (.pdf 280 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!
  • 7/1/2014 USCIS Releases E-Verify Connection, June 2014 (Issue 19) (.pdf 521 KB) USCIS E-Verify Connection June 2014 issue, including information on two recent E-Verify enhancements, using Self Check as a job seeker, completing the Form I-9 for Haitians with TPS, monthly webinars in North Carolina, and more.
    AILA Doc. No. 14070147.
  • 7/1/2014 EOIR Releases Q&As on EOIR’s Attorney Discipline Program (.pdf 3868 KB) EOIR Q&As on its Attorney Discipline Program and professional conduct rules for immigration attorneys and representatives. Information regarding the complaint process is included.
    AILA Doc. No. 14070146.
  • 7/1/2014 EOIR Releases Fact Sheet on Fraud Prevention Program (.pdf 476 KB) EOIR fact sheet on its Fraud Prevention Program, which is aimed at promoting efforts to deter fraud and providing a systemic response to identifying and referring instances of suspected fraud and abuse.
    AILA Doc. No. 14070145.
  • 7/1/2014 Call for Examples: O and P Petition RFEs (Updated 7/1/14)
    Have you received an RFE for an O or P petition filed within the last two months? For an agency issue? On a renewal petition? Requesting information already submitted in the petition? On a O or P petition pending over 30 days? AILA Liaison wants to know!
    AILA Doc. No. 14022642.
  • 7/1/2014 DHS Launches Enhanced “Study in the States” Website (.pdf 493 KB) DHS announcement that four new features have been added to ICE’s website for schools and international students, Study in the States, including an interactive glossary, an “ask a question” section, an enhanced school search page, and a mobile-ready version of the website.
    AILA Doc. No. 14070144.
  • 7/1/2014 CIS Ombudsman Annual Report 2014 (.pdf 5130 KB) The Office of Citizenship and Immigration Services Ombudsman’s 2014 Annual Report, containing an overview of the Ombudsman’s mission and services, a review of USCIS programmatic and policy achievements, and a detailed discussion of pervasive and serious remaining problems and recommendations.
    AILA Doc. No. 14070143.
  • 7/1/2014 USCIS Q&As from Teleconference Between National Hockey League and VSC (.pdf 736 KB) USCIS Q&As from a 6/27/14 teleconference between the National Hockey League (NHL) and VSC. USCIS notes that it stated several times that each petition must establish visa eligibility on its own merits and VSC does not maintain a central document depository for O and P nonimmigrant visa petitions.
    AILA Doc. No. 14070142.
  • 7/1/2014 CSC Quarterly Stakeholder Newsletter (4th Quarter, 2014) (.pdf 1913 KB) California Service Center quarterly stakeholder newsletter for the 4th quarter of 2014, including Open House presentations from the June 2014 stakeholder event, reminder for military and U.S. government filers, and biography of the Donna Campagnolo, the CSC Deputy Director.
    AILA Doc. No. 14070140.
  • 7/1/2014 Article: Obama Seeks More Power to Send Unaccompanied Children Back Across the Border
    AILA President Leslie Holman is quoted in this piece regarding the Obama Administration’s reported plans to ask Congress to change the law and allow “fast track” deportation of unaccompanied children fleeing Central America and entering the U.S.
  • 7/1/2014 Daily Immigration News Clips – July 1, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 1, 2014.
  • 7/1/2014 Save Your Client’s Green Card
    VOICE is on a brief hiatus until the end of July. Meanwhile, enjoy one of VOICE’s popular stories from the May issue, where Nadeen Aljijakli explained the SB-1 visa’s appeal when lawful permanent residents stay abroad for more than a year because of an emergency.
  • 7/1/2014 Running the Numbers: Practical Advice for your Firm's Financial Health
    Podcast
    Recorded live on June 6, 2014
    PPC’s Practice Management Podcast Series: In this installment, expert panelists discuss ways to strategically plan for your practice’s financial wellness and enable you to set your sights on success well into the future.
    AILA Doc. No. 14070161.
  • 7/1/2014 Call for Case Examples: USCIS Case Transfer Problems
    AILA is collecting examples of cases in which USCIS has taken longer than 60 days to transfer a file either between Service Centers (including NBC) or from a Service Center to a Field Office. Please complete the following questions and submit your examples by July 7, 2014.
    AILA Doc. No. 14070160.
  • 6/30/2014 Your AILA8 for June 30, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14063045.
  • 6/30/2014 USCIS Statistics on Form I-601A Adjudications (.pdf 497 KB) USCIS National Benefits Center (NBC) statistics as of 5/31/14 on Form I-601A waiver adjudications. NBC also released statistics on Form I-601A as of 6/14/14 as a result of USCIS field guidance on “Reason to Believe” decisions dated 1/24/14.
    AILA Doc. No. 14063044.
  • 6/30/2014 AILA Leadership Blog: Turning Our Backs on Our Own History
    Victor Nieblas Pradis, AILA President-Elect, highlights our history of offering a safe haven to unaccompanied children in contrast to the Administration’s plans, writing “The care of these children and respect for their due process rights should be paramount.”
  • 6/30/2014 TRAC Report Reveals Recent Trends in Naturalization Application Lawsuits
    TRAC report finds that the latest available data from the federal courts show that during the first eight months of FY2014, the government reported 195 new civil filings in the category of immigration naturalization disputes. Report also provides a five-year timeline and top district rankings.
    AILA Doc. No. 14063042.
  • 6/30/2014 DOS 60-Day Notice for Comments on DS-3035 (Updated 6/30/14)
    DOS 60-day notice of proposed information collection on the J-1 Visa Waiver Recommendation Application (DS-3035). Comments will be accepted until 5/12/14. (79 FR 13729, 3/11/14).
    AILA Doc. No. 14031142.
  • 6/30/2014 USCIS Interim Memo on Changes to U Nonimmigrant Status and Adjustment Under VAWA 2013 (.pdf 1012 KB) USCIS interim memo dated 6/15/14 providing guidance on changes to U nonimmigrant status and adjustment of status provisions under the Violence Against Women Reauthorization Act (VAWA) of 2013. Comments accepted until 08/08/14 and memo is in effect.
    AILA Doc. No. 14063041.
  • 6/30/2014 USCIS Interim Memo Supplementing Previous Guidance on Child Status Protection Act (CSPA) (.pdf 973 KB) USCIS interim memo dated 6/6/14 on evaluating claims of “extraordinary circumstances” for late filings when applicant must have sought to acquire LPR status within one year of visa availability pursuant to the CSPA. Comments accepted until 7/11/14 and memo is in effect.
    AILA Doc. No. 14063040.
  • 6/30/2014 AILA Strongly Condemns Reported Plans to Return Migrant Children to Danger
    AILA President Leslie A. Holman reacted to reported plans to expedite removal of migrant children: “Rapid deportations without any meaningful hearing for children who are rightly afraid of the violence and turmoil from which they fled is wrong, and contradicts the fundamental values of this nation.”
    AILA Doc. No. 14063060.
  • 6/30/2014 Daily Immigration News Clips – June 30, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on June 30, 2014.
  • 6/30/2014 White House Letter to Congress Requesting Emergency Funding for Deterrence Strategy Involving Unaccompanied Children (.pdf 515 KB) White House letter to Congress on Administration’s efforts to address urgent humanitarian situation of children crossing southern U.S. border and requesting congressional action on emergency supplemental appropriations legislation to support deterrence strategy focused on removal and repatriation.
    AILA Doc. No. 14063043.

 
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