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Immigration Practice News, Summer 2014

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How will you use your summer months? Take a moment to flip through these great IPN articles to find tips and suggestions to help you prepare for busier times ahead.

 

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Recent Postings

  • 9/23/2014 USCIS ELIS Immigrant Fee Payment Guide (Updated 9/23/14) (.pdf 6879 KB) USCIS Electronic Immigration System (ELIS) immigrant fee step-by-step payment guide.
    AILA Doc. No. 14061141.
  • 9/23/2014 Submit Your Questions for the Fall CBP Agenda
    The AILA CBP Liaison Committee is seeking agenda items from all AILA members for its fall liaison meeting with CBP. Please submit your non-case specific questions by 10/10/14.
    AILA Doc. No. 14092341.
  • 9/23/2014 CBP to Hire Additional CBP Officers (.pdf 1123 KB) CBP announcement that it will accept applications for CBP officer positions at air, land, and sea ports of entry on the Southwest border and other select locations. CBP will hire 2,000 additional officers by the end of FY2015.
    AILA Doc. No. 14092340.
  • 9/23/2014 AILA Resources on Detention (Updated 9/23/14)
    Resources related to detention conditions and policy, including legislation, press statements, and hearings.
    AILA Doc. No. 12011164.
  • 9/23/2014 Daily Immigration News Clips – September 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 23, 2014.
  • 9/22/2014 Your AILA8 for September 22, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14092259.
  • 9/22/2014 BIA Says IJ Erred in Denying Continuance and Former Attorney Did Not Act Frivolously (.pdf 749 KB) Unpublished BIA decision remanding and permitting respondent to seek voluntary departure, holding IJ erred in denying request for a continuance, IJ did not err in denying administrative closure, and former attorney did not act frivolously in pursuing these requests. Courtesy of Jordan G. Forsythe.
    AILA Doc. No. 14092258.
  • 9/22/2014 AILA's Take on Asylum for Detained Families (.pdf 899 KB) AILA’s take on the Obama administration’s decision to deny asylum to Central American families fleeing violence.
    AILA Doc. No. 14092257.
  • 9/22/2014 Family Detention Case Examples (.pdf 813 KB) A compilation of case examples of mothers and children detained at the Artesia family detention center.
    AILA Doc. No. 14092256.
  • 9/22/2014 AILA's Take on Family Detention (.pdf 794 KB) AILA calls on the Obama administration to stop the mass detention and rapid deportation of Central American mothers and children in this backgrounder document.
    AILA Doc. No. 14092255.
  • 9/22/2014 AILA's Take on Bond for Detained Families (.pdf 794 KB) AILA backgrounder on the Obama Administration’s decision to denying bond to all Central American families being detained.
    AILA Doc. No. 14092254.
  • 9/22/2014 BIA Holds Voluntary Departure Applicant Deserved Additional Time to Present Passport
    Unpublished BIA decision holds the IJ should have afforded respondent additional time to present his passport and remands record for further consideration of voluntary departure. Special thanks to IRAC. (Matter of Ramos, 6/27/14)
    AILA Doc. No. 14092253.
  • 9/22/2014 IJ Holds Voluntary Departure May be Granted Nunc Pro Tunc
    IJ William Van Wyke issues lengthy decision holding that respondents who left the country prior to appearing in court may receive voluntary departure nunc pro tunc in lieu of an in absentia removal order. Special thanks to IRAC. (Matter of Sanchez-Medina, 6/27/14)
    AILA Doc. No. 14092252.
  • 9/22/2014 USCIS Now Using Blue Ink in Certain Secure Stamps (.pdf 805 KB) USCIS alert that on 7/1/14, it began using blue ink for many of its secure stamps. The older secure red ink was retired and is no longer used by USCIS. Alert includes a list of stamps that will be blue. Employers should be aware of this change when examining employment verification documents.
    AILA Doc. No. 14092251.
  • 9/22/2014 BIA Remands for Application of Realistic Probability Test in Moncrieffe and Duenas-Alvarez (.pdf 205 KB) The BIA held where a state statute covers a substance not included in a federal statute’s generic definition, there must be a realistic probability that the state would prosecute conduct falling outside the generic crime to defeat removability. Matter of Ferreira, 26 I&N Dec. 415 (BIA 2014)
    AILA Doc. No. 14092250.
  • 9/22/2014 NSC Liaison Q&As from Business Issues Teleconference (9/11/14) (.pdf 465 KB) The NSC Liaison Committee’s unofficial Q&As from stakeholders on a 9/11/14 teleconference with NSC. Topics included processing times for I-140s, I-765 processing delays, cross-chargeability, e-filing and supporting documentation, India EB-2 retrogression, and attorney change of address.
    AILA Doc. No. 14092249.
  • 9/22/2014 USCIS Additional Feedback Sessions on ELIS and Online Customer Service Tools (.pdf 770 KB) USCIS invitation to additional feedback sessions at USCIS field offices to preview new online customer service tools and electronic filing features in ELIS. Facilitators will be on-site to observe how volunteers use the online tools and may ask for individual feedback. Registration is limited.
    AILA Doc. No. 14092248.
  • 9/22/2014 CA9 Finds CHS §11351 Conviction Is Neither Aggravated Felony Nor Controlled Substance Offense (.pdf 718 KB) The court vacated the removal order, applying the modified categorical approach and finding that petitioner’s conviction under §11351 of the California Health and Safety Code (CHS) was neither an aggravated felony, nor a controlled substance or firearms offense. (Medina v. Holder, 9/19/14)
    AILA Doc. No. 14092247.
  • 9/22/2014 OCAHO Topical Index of Cases (Updated September 2014) (.pdf 1801 KB) Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in September 2014.
    AILA Doc. No. 14042455.
  • 9/22/2014 EB-5 Processing Time Report (9/19/14) (.pdf 545 KB) EB-5 Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092246.
  • 9/22/2014 National Benefits Center Processing Time Report (9/19/14) (.pdf 552 KB) NBC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092245.
  • 9/22/2014 Vermont Service Center Processing Time Report (9/19/14) (.pdf 617 KB) VSC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092244.
  • 9/22/2014 Texas Service Center Processing Time Report (9/19/14) (.pdf 599 KB) TSC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092243.
  • 9/22/2014 Nebraska Service Center Processing Time Report (9/19/14) (.pdf 595 KB) NSC Processing Time Report released on 9/19/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14092242.
  • 9/22/2014 California Service Center Processing Time Report (9/19/14) (.pdf 624 KB) CSC Processing Time Report released on 9/19/14 with processing dates as of 7/31/14. Updated processing times for Form I-539, Form I-765, and Form I-824 are listed.
    AILA Doc. No. 14092241.
  • 9/22/2014 CA3 Holds Pennsylvania Reckless Endangerment Conviction Is Not a CIMT (.pdf 7633 KB) The court granted the petition and vacated the removal order, applying the categorical approach and concluding that the least culpable conduct under §2705 of Pennsylvania’s reckless endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Mahn v. Att'y Gen., 9/17/14)
    AILA Doc. No. 14092240.
  • 9/22/2014 Daily Immigration News Clips – September 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 22, 2014.
  • 9/19/2014 Call for Examples – Consular Revocation/Cancellation of Visas
    AILA’s DOS Liaison Committee has received reports that several nonimmigrant visa holders who were already in the U.S. may have been contacted by consular officers and told that their visas have been cancelled and/or revoked. If your client has had this experience, please submit your example today.
    AILA Doc. No. 14091999.
  • 9/19/2014 Your AILA8 for September 19, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14091908.
  • 9/19/2014 EOIR to Close El Centro, California Immigration Court (.pdf 1301 KB) EOIR announcement that it will close its El Centro Immigration Court in California on September 30, 2014, as a result of DHS’s decision to close this location as a primary place of detention for respondents in removal proceedings, and the new hearing location will be the Imperial Immigration Court.
    AILA Doc. No. 14091907.
  • 9/19/2014 DHS OIG Report on DHS Visa Security Program (.pdf 1147 KB) DHS Office of Inspector General (OIG) report recommending that ICE develop performance measures to determine the success of the Visa Security Program (VSP), consular officers receive appropriate advice and training, and VSP hours are tracked and used to determine staffing and funding needs.
    AILA Doc. No. 14091906.
  • 9/19/2014 CA3 Holds Pennsylvania Child Endangerment Conviction Is Not a CIMT (.pdf 599 KB) The court applied the categorical approach and held that the least culpable conduct criminalized under §4304(a)(1) of Pennsylvania’s child endangerment statute did not implicate a crime involving moral turpitude (CIMT). (Hernandez-Cruz v. Att'y Gen., 9/4/14)
    AILA Doc. No. 14091905.
  • 9/19/2014 2014 Visa Reciprocity Changes (Updated 9/19/14)
    DOS updates the visa reciprocity tables, including updated information for Japan.
    AILA Doc. No. 14010841.
  • 9/19/2014 Call for Examples: National Visa Center Issues (Updated 9/19/14)
    AILA is collecting examples where members have experienced issues with the National Visa Center (NVC) within the last six months. Please send us your examples by September 31, 2014.
    AILA Doc. No. 14062646.
  • 9/19/2014 AILA Quicktake #97: Deputy Secretary Mayorkas' Speech and Artesia Hearings
    AILA's Director of Advocacy Greg Chen sits down to provide a recap on Deputy Secretary of Homeland Security Alejandro Mayorkas' appearance at the National Press Club this week. Chen also discusses the immigration court proceedings happening for detainees in Artesia.
    AILA Doc. No. 14091904.
  • 9/19/2014 BIA Terminates Proceedings Against Respondent Convicted of False Imprisonment in Florida
    Unpublished BIA decision terminates proceedings upon finding false imprisonment under Fla. Stat. 787.02(1) is not a categorical CIMT and the IJ improperly consulted a police report that was not incorporated into the plea. Special thanks to IRAC. (Matter of Sanchez Fajardo, 6/27/14)
    AILA Doc. No. 14091902.
  • 9/19/2014 BIA Finds FGM Constitutes Exceptional and Extremely Unusual Hardship
    Unpublished BIA decision grants cancellation of removal upon finding respondent’s U.S. citizen daughters would suffer exceptional and extremely unusual hardship in Senegal by being subject to female genital mutilation (FGM). Special thanks to IRAC. (Matter of K-C-, 6/23/14)
    AILA Doc. No. 14091901.
  • 9/19/2014 AILA Amicus Brief Requesting BIA to Reexamine Adoption of Circumstance-Specific Methodology (.pdf 538 KB) AILA amicus brief to the BIA requesting the reexamination of its adoption of a circumstance-specific inquiry for the exception clause of the controlled substance ground of removability in light of Moncrieffe v. Holder and the continued validity of Matter of Davey.
    AILA Doc. No. 14091900.
  • 9/19/2014 South Florida Chapter: USCIS Miami Liaison Meeting Minutes (8/26/14) (.pdf 924 KB) Minutes from the South Florida Chapter’s meeting with USCIS on 8/26/14. Topics include an update on Matter of Arrabally and Yerrabelly cases, InfoPass appointments, I-751 petitions, G-28 issues, and more.
    AILA Doc. No. 14091963.
  • 9/19/2014 Video: Snapshots from Artesia: Why I Came Here
    AILA members volunteering in Artesia share why they traveled to New Mexico to volunteer their time as they offer pro bono services to Central American detainees on the ground.
    AILA Doc. No. 14091960.
  • 9/19/2014 Registration Open for the November NVC Tour and Q&A
    The AILA DOS Liaison Committee has arranged for a tour and Q&A session with the National Visa Center on Tuesday, November 4, 2014. Submit your non-case specific questions by September 26, 2014. Register by October 1, 2014. First come, first served; maximum 35 participants.
    AILA Doc. No. 14091962.
  • 9/19/2014 DHS Delegates Criminal Misconduct Investigative Authority to CBP (.pdf 654 KB) CBP press release announcing that, in response to a U.S. Government Accountability Office recommendation, CBP now has the authority to investigate its employees for alleged criminal misconduct and will convert qualified internal affairs employees from general investigators to criminal investigators.
    AILA Doc. No. 14091961.
  • 9/19/2014 FY2014 H-2B Cap Count (Updated 9/19/14)
    As of 9/12/14, USCIS receipted 26,422 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 26,193 approved and 229 pending beneficiaries. Information on the first half of FY2015 is also available.
    AILA Doc. No. 13100840.
  • 9/19/2014 Daily Immigration News Clips – September 19, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 19, 2014.
  • 9/18/2014 Your AILA8 for September 18, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14091852.
  • 9/18/2014 AILA 2014 Rome District Chapter Fall CLE Conference
    November 5-7, 2014
    The Four Seasons Hotel
    Prague, Czech Republic
    Please note that this event is not handled by AILA’s National Office. All inquiries about the event should be sent directly to the AILA Rome District Chapter.
  • 9/18/2014 BIA Distinguishes Moncrieffe and Reaffirms Matter of Davey (.pdf 650 KB) The BIA held the exception in INA §237(a)(2)(B)(i) calls for a circumstance-specific inquiry into the character of the unlawful conduct on a single occasion, not a categorical inquiry into the elements of a single statutory crime. Matter of Dominguez-Rodriguez, 26 I&N Dec. 408 (BIA 2014)
    AILA Doc. No. 14091851.
  • 9/18/2014 Practice Alert: Filing Supporting Documentation at the Los Angeles Asylum Office
    As of August 1, 2014, the Los Angeles Asylum Office requires that all supporting documentation for asylum applications be submitted, in triplicate, at least one week prior to the date of the asylum interview.
    AILA Doc. No. 14091850.
  • 9/18/2014 D.C. Chapter: USCIS Liaison Meeting Minutes (7/11/14) (.pdf 811 KB) Minutes from the Washington, D.C. Chapter’s liaison meeting with USCIS (WAS) on 7/11/14. Topics include naturalization ceremonies, N-400 delays, extended review cases, interview delays, interview rescheduling, parole in place, sua sponte reopening, mandamus actions, and fingerprinting.
    AILA Doc. No. 14091861.
  • 9/18/2014 Practice Pointer: Courier Address for RFEs Issued by the National Benefits Center
    The National Benefits Center (NBC) has advised AILA that it was updating all of its RFE templates to include a courier address for RFE responses. When receiving an RFE from the NBC, members should check to see if a courier address for the RFE response has been included.
    AILA Doc. No. 14091849.
  • 9/18/2014 AILA Leadership Blog: Offering Hope and Comfort to Detained Moms and Kids
    AILA Member and Artesia Volunteer Lisa York is collecting letters of encouragement and comfort for the mothers and children detained at Artesia; guidelines on how to write the letters and where to send them are included in this blog post.
  • 9/18/2014 Call to All AILA Members: Refugee/Asylee Questions Sought for 10/9/14 NSC Stakeholder Teleconference
    AILA's Nebraska Service Center (NSC) Liaison Committee requests agenda items from all AILA members to present to NSC at a teleconference on refugee and asylee issues. Questions needed by 9/25/14.
    AILA Doc. No. 14091845.
  • 9/18/2014 BIA Rescinds In Absentia Order Because Hearing Notice Was Sent on Day of Hearing
    Unpublished BIA decision rescinds in absentia order where respondent submitted affidavit stating she did not receive the hearing notice and the record indicated that the hearing notice was sent on the date of the hearing. Special thanks to IRAC. (Matter of Sorto-Viera, 6/19/14)
    AILA Doc. No. 14091844.
  • 9/18/2014 Did You Miss the AILA FOIA Web Seminar?
    Did you miss the recent AILA web seminar on everything about FOIA you won't find in a book? Did you know you can purchase the downloadable recording and listen to it anytime that works with your schedule? Check it out today!
  • 9/18/2014 BIA Orders Further Consideration of Voluntary Departure
    Unpublished BIA decision remands record because IJ did not advise respondent of potential eligibility for voluntary departure and respondent did not realize she was conceding ineligibility by saying she lacked funds to depart. Special thanks to IRAC. (Matter of Dangan, 6/16/14)
    AILA Doc. No. 14091842.
  • 9/18/2014 BIA Says Aggravated Felony Bar Applies to Conditional Permanent Resident Admitted at POE (.pdf 2832 KB) The BIA held an alien admitted at a port of entry (POE) as a conditional permanent resident pursuant to §216(a) is “lawfully admitted for permanent residence” and is barred from an §212(h) waiver, if he was later convicted of an aggravated felony. Matter of Paek, 26 I&N Dec. 403 (BIA 2014)
    AILA Doc. No. 14091841.
  • 9/18/2014 Are You Undercharging for Your Services?
    Do you believe that many of your clients would not use your services if you charged them more? Push through the guilt and end the internal wrestling matches with this fresh outlook in this week’s Practice Success Tip.
    AILA Doc. No. 14091840.
  • 9/18/2014 Daily Immigration News Clips – September 18, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 18, 2014.
  • 9/18/2014 House Briefing on Family Detention (.pdf 690 KB) A 9/22/14 AILA-sponsored briefing in the House on family detention.
    AILA Doc. No. 14091847.
  • 9/17/2014 Your AILA8 for September 17, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14091748.
  • 9/17/2014 Video: Snapshots from Artesia: September 17, 2014
    AILA DC Members Dree Collopy and Sandra Grossman document their experiences as they offer pro bono services to Central American detainees on the ground at the family detention center in Artesia, NM. To donate, visit www.aila.org/helpthevolunteers.
    AILA Doc. No. 14091747.
  • 9/17/2014 USCIS Comment Request on Form I-829
    USCIS 60-day notice of a request for comments on proposed revisions to the Petition by Entrepreneur to Remove Conditions (Form I-829). Comments are due by 11/14/14. (79 FR 55008, 9/15/14)
    AILA Doc. No. 14091746.
  • 9/17/2014 USCIS Comment Request on Form I-612 (Updated 9/17/14)
    USCIS 60-day notice of a request for comments on proposed revisions to the Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the INA (Form I-612). Comments are due by 11/10/14. (79 FR 53720, 9/10/14)
    AILA Doc. No. 14091061.
  • 9/17/2014 AILA Liaison Chapter Liaison Training (.pdf 2643 KB) AILA Liaison power point training for chapter agency liaisons, including helpful hints on how to create an effective agenda, how to maintain agency contacts, and how to communicate with the membership.
    AILA Doc. No. 14091745.
  • 9/17/2014 BIA Finds Respondent Eligible for Adjustment of Status (.pdf 584 KB) Unpublished decision sustaining appeal, finding respondent eligible for adjustment, as the equities of his lengthy residence in U.S., strong employment history, family ties to USCs, and rehabilitation, outweighed adverse factor of attempted sexual abuse conviction. Courtesy of Brian Conry.
    AILA Doc. No. 14091744.
  • 9/17/2014 Missed the AILA O and P Audio Seminar?
    Did you miss the recent AILA audio seminar on Os and Ps? Don’t worry – you can download the seminar and listen from your desk, home, or even on the run. Get your Os and Ps in line today!
  • 9/17/2014 USCIS Vermont Service Center (VSC)
    Procedures for requesting AILA liaison assistance for cases pending at the Vermont Service Center.
    AILA Doc. No. 03080680.
  • 9/17/2014 DHS Annual Flow Report on Refugees and Asylees (.pdf 683 KB) DHS Office of Immigration Statistics Annual Flow Report on the number and demographics of individuals admitted to the U.S. as refugees or granted asylum in the U.S. in 2013.
    AILA Doc. No. 14091743.
  • 9/17/2014 Free This Month on Agora
    AILA free items for September are now available. Read an Immigration Practice Pointer about the process of denaturalization proceedings under INA 340(a). Also download a session from a recent Annual Conference on petitions for writs of certiorari. Check them out today!
  • 9/17/2014 AILA Leadership Blog: Artesia Betrays America: Part III
    AILA Member and Artesia Volunteer Angela Williams finishes her three-part series with this blog post writing, “We cannot ignore our laws and skirt the process that we have created for vulnerable people all over the world to seek shelter within our borders.”
  • 9/17/2014 CA7 Holds Stop-Time Rule May Not Be Applied Retroactively (.pdf 7946 KB) The court found that the stop-time rule of INA §240A(d)(1) would have an impermissible retroactive effect if it were applied to petitioner’s 1995 drug offense, and that he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jeudy v. Holder, 9/15/14)
    AILA Doc. No. 14091742.
  • 9/17/2014 USCIS Comment Request on Form I-918 and Supplements (Updated 9/17/14)
    USCIS 60-day notice of a request for comments on proposed revisions to the Petition for U Nonimmigrant Status (Form I-918) and Supplements A and B of Form I-918. Comments are due by 11/10/14. (79 FR 53721, 9/10/14)
    AILA Doc. No. 14091062.
  • 9/17/2014 EOIR Notice of Proposed Rulemaking on Custody and Bond Proceedings Representation
    EOIR notice of proposed rulemaking to amend the regulations to allow a representative to enter an appearance in custody and bond proceedings without such an appearance constituting an entry of appearance for all Immigration Court proceedings. Comments are due by 11/17/14. (79 FR 55659, 9/17/14)
    AILA Doc. No. 14091741.
  • 9/17/2014 EOIR Notice of Proposed Rulemaking on Pro Bono Legal Services Providers List
    EOIR notice of proposed rulemaking to change the name of the “List of Free Legal Services Providers” and to enhance the eligibility requirements for organizations, private attorneys, and referral services to be included in the List. Comments are due by 11/17/14. (79 FR 55662, 9/17/14)
    AILA Doc. No. 14091740.
  • 9/17/2014 Daily Immigration News Clips – September 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 17, 2014.
  • 9/16/2014 Your AILA8 for September 16, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14091655.
  • 9/16/2014 Video: Snapshots from Artesia: September 16, 2014
    AILA DC Members Dree Collopy and Sandra Grossman document their experiences as they offer pro bono services to Central American detainees on the ground at the family detention center in Artesia, NM. To donate, visit www.aila.org/helpthevolunteers.
    AILA Doc. No. 14091654.
  • 9/16/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 9/16/2014 CRS Report on Asylum and Gang Violence (.pdf 864 KB) As a result of the increase in unaccompanied alien children apprehended at the southwest border, this Congressional Research Service report discusses the role that gang-related violence in Central America may play in determining whether these children are eligible for refugee status and asylum.
    AILA Doc. No. 14091653.
  • 9/16/2014 CRS Report on Special Immigrant Juveniles (.pdf 758 KB) Congressional Research Service report on special immigrant juveniles (SIJs), including the evolving criteria for SIJ status, expedited processing of these petitioners, eligibility for federal assistance, and issues involving unaccompanied children.
    AILA Doc. No. 14091652.
  • 9/16/2014 USCIS Invitation to NSC Teleconference on Refugee and Asylee Issues
    USCIS invitation to a 10/9/14 NSC teleconference on refugee and asylee issues. Registration information will be provided closer to the date of the event.
    AILA Doc. No. 14091651.
  • 9/16/2014 Prevailing Wage Practice Pointer for Physician Cases (.pdf 976 KB) AILA Healthcare Professionals/Physicians Committee practice pointer provides guidance and tips in obtaining appropriate wage data for healthcare professionals, whether required for a J-1 waiver, H-1B petition, or labor certification application.
    AILA Doc. No. 14091650.
  • 9/16/2014 USCIS Texas Service Center (TSC)
    Procedures for requesting AILA liaison assistance for cases pending at the Texas Service Center.
    AILA Doc. No. 04012380.
  • 9/16/2014 AILA Letter to Congress on Artesia (.pdf 693 KB) A 9/16/14 AILA letter to members of Congress urging action on the Artesia, NM family detention center.
    AILA Doc. No. 14091649.
  • 9/16/2014 AILA Letter to President Obama on Artesia (.pdf 692 KB) A 9/16/14 AILA letter to President Obama urging the closing of the Artesia, NM family detention center.
    AILA Doc. No. 14091648.
  • 9/16/2014 USCIS Nebraska Service Center (NSC)
    Procedures for requesting AILA liaison assistance for cases pending at the Nebraska Service Center.
    AILA Doc. No. 04062165.
  • 9/16/2014 Q&As from the NSC-TSC Business Community Engagement (7/17/14) (.pdf 549 KB) Questions and answers from the 7/17/14 business community engagement with the Nebraska and Texas Service Centers. Topics include I-140 statistics, special immigrant status for retired G-4 nonimmigrants, transfer of a pending I-485 to a new I-140 or I-130, and RFEs for medical examinations.
    AILA Doc. No. 14091647.
  • 9/16/2014 Call for Examples: RFEs for Asylum-Based I-756s Where Proceedings Are Administratively Closed
    The AILA Asylum and Refugee Liaison Committee requests examples of RFEs issued within the last year for asylum-based I-765s filed for cases in which removal proceedings have been administratively closed.
    AILA Doc. No. 14091646.
  • 9/16/2014 AILA Leadership Blog: Artesia Betrays America: Part II
    AILA Leadership Blog: Artesia Betrays America: Part II
  • 9/16/2014 Daily Immigration News Clips – September 16, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 16, 2014.
  • 9/16/2014 CBP Designates POEs for First-Time Canadian TN and L Applicants Seeking Entry Under NAFTA (.pdf 955 KB) CBP announcement that beginning in mid-September 2014, the agency is designating 14 ports of entry (POEs) for optimized processing for first-time Canadian TN and L applicants seeking entry into the U.S. under NAFTA.
    AILA Doc. No. 14091645.
  • 9/16/2014 CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver (.pdf 509 KB) The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)
    AILA Doc. No. 14091644.
  • 9/16/2014 CA1 Dismisses Petition for Lack of Jurisdiction (.pdf 473 KB) The court held that because the BIA acted pursuant to its discretionary sua sponte authority, it lacked jurisdiction to review the petition. (Guerrero v. Holder, 9/9/14)
    AILA Doc. No. 14091643.
  • 9/16/2014 DOL Statistics on H-2Bs from FY2014 Fourth Quarter (8/31/14) (.pdf 548 KB) DOL’s OFLC statistics on H-2Bs as of 8/31/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14091642.
  • 9/16/2014 DOL Statistics on H-2As from FY2014 Fourth Quarter (8/31/14) (.pdf 735 KB) DOL’s OFLC statistics on H-2As as of 8/31/14, including number of applications received, top states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14091641.
  • 9/16/2014 DOL Statistics on H-1Bs from FY2014 Fourth Quarter (8/31/14) (.pdf 573 KB) DOL’s OFLC statistics on H-1Bs as of 8/31/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
    AILA Doc. No. 14091640.
  • 9/15/2014 Your AILA8 for September 15, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14091545.
  • 9/15/2014 Practice Pointer: AAO Transfer Issues (Updated 9/15/14)
    AAO Liaison Committee practice pointer reminds members that the AAO processing time clock starts when the appeal is received at the AAO, and not when the appeal is originally filed.
    AILA Doc. No. 11060132.
  • 9/15/2014 AILA Leadership Blog: Artesia Betrays America: Part I
    AILA Member and Artesia Volunteer Angela Williams begins a three-part series on her time in Artesia, what she saw at the detention facility, and how she has been galvanized to act through her experience there.
  • 9/15/2014 DOL Statistics on PWDs from FY2014 Fourth Quarter (8/31/14) (.pdf 533 KB) DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 8/31/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.
    AILA Doc. No. 14091544.
  • 9/15/2014 DOL Statistics on PERM Program from Fourth Quarter of FY2014 (8/31/14) (.pdf 529 KB) DOL’s OFLC statistics on the PERM program as of 8/31/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied and withdrawn applications.
    AILA Doc. No. 14091543.
  • 9/15/2014 How to Incorporate Your John Hancock in Your E-mail Signature
    Here are a (little more than) few steps to help you incorporate your natural handwritten signature into your email signature block.
    AILA Doc. No. 14091145.
  • 9/15/2014 Send Us Your Feedback on Office of Special Counsel’s Flyers and Seminars (Updated 9/15/14)
    The AILA Verification & Documentation Liaison Committee is seeking feedback on the effectiveness of the OSC’s outreach efforts to the public, including OSC’s educational flyers, PowerPoint presentations, seminars, and webinars. Responses needed by 9/26/14.
    AILA Doc. No. 14090245.
  • 9/15/2014 Daily Immigration News Clips – September 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 15, 2014.
  • 9/15/2014 Video: Snapshots from Artesia: September 8 - 9, 2014
    AILA DC Members Dree Collopy and Sandra Grossman share some highlights from their first two days in Artesia, NM and the women and children they met and advocated for during their time on the ground.
    AILA Doc. No. 14091542.
  • 9/15/2014 CGRS Practice Advisory on Domestic Violence-Based Asylum Claims (.pdf 1068 KB) The Center for Gender & Refugee Studies (CGRS) practice advisory on domestic violence-based asylum claims, including an overview, guidance on asylum claims based on membership in a particular social group, and guidance on withholding of removal and CAT claims.
    AILA Doc. No. 14091541.
  • 9/15/2014 Liaison Meeting Minutes with Louisville USCIS (9/11/14) (.pdf 533 KB) Minutes from MidSouth Chapter liaison meeting with Louisville USCIS on 9/11/14. Topics include: submitting evidence to satisfy USCIS requirements, adjustment of status, delays in obtaining relief, marriage-based adjustment interview questions, and reporting procedures at Louisville ERO office.
    AILA Doc. No. 14091540.
  • 9/15/2014 Looking for Additional Artesia Volunteers for Weeks of Sept 28th and Oct 5th
    Volunteer AILA lawyers are scheduled in Artesia into November, but additional volunteers are needed for the weeks of September 28 and October 5. If you can volunteer for 4+ days either of these weeks, please contact Maheen Taqui at AILA to confirm your availability.
  • 9/15/2014 USCIS California Service Center (CSC)
    Procedures for requesting AILA liaison assistance for cases pending at the California Service Center.
    AILA Doc. No. 04070662.
  • 9/12/2014 AILA Leadership Blog: How We Got Here
    Ally Bolour, Member of AILA’s Media Advocacy Committee, describes the problems that have sprung from the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), writing that "The results…have been nothing less than disastrous."
  • 9/12/2014 BIA Holds California Conviction for Malicious Vandalism With Gang Enhancement Is CIMT (.pdf 513 KB) The Board held that a California conviction for malicious vandalism with a gang enhancement requiring that the underlying offense be committed to promote criminal conduct by gang members is a categorical crime involving moral turpitude. Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014)
    AILA Doc. No. 14091240.
  • 9/12/2014 Daily Immigration News Clips – September 12, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 12, 2014.
  • 9/11/2014 Check-in with DOS’s Charlie Oppenheim (9/11/14)
    DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.
    AILA Doc. No. 14071401.
  • 9/11/2014 ICE Liaison Committee Seeks Questions for Fall Meeting
    The AILA ICE Liaison Committee is preparing for its upcoming meeting with ICE. Please send any questions, problems, or concerns you have for ICE by September 30, 2014.
    AILA Doc. No. 14091146.
  • 9/11/2014 Friend of the Court Model for Unaccompanied Minors in Immigration Proceedings (.pdf 569 KB) EOIR memorandum to IJs discussing the definition, scope, and application of the Friend of the Court model in immigration proceedings involving unaccompanied minors.
    AILA Doc. No. 14091144.
  • 9/11/2014 CIS Ombudsman Invitation to Teleconference on Student Visa Issues (.pdf 627 KB) CIS Ombudsman invitation to a 9/25/14 teleconference on immigration issues impacting international students, including speakers from ICE’s Student and Exchange Visitor Program (SEVP) and USCIS. Registration information included.
    AILA Doc. No. 14091142.
  • 9/11/2014 TRAC Report Finds Immigration Offenses Account for 80% of Deportation Orders
    Transactional Records Access Clearinghouse (TRAC) report finding that only 16,375 out of 82,878 removal orders were based on criminal offenses and the remainder involved various immigration charges. The backlog of cases awaiting hearing has increased to 408,307 as of the end of August 2014.
    AILA Doc. No. 14091141.
  • 9/11/2014 AILA Board Meeting Materials – September 20 2014 (.pdf 2689 KB) The AILA Board of Governors will meet Saturday, September 20, 2014, in Seattle, Washington. This document contains the agenda and meeting materials.
    AILA Doc. No. 14091140.
  • 9/11/2014 DOS Notice on China EB-5 Category (.pdf 137 KB) DOS notice stating that on 8/23/14, the China EB-5 category became unavailable for the remainder of FY2014, and the category will again become “current” for October 2014, the first month of FY2015. Notice includes information on DOS and USCIS processing.
    AILA Doc. No. 14091143.
  • 9/11/2014 Daily Immigration News Clips – September 11, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 11, 2014.
  • 9/11/2014 AILA Comments on EOIR Interim Rule on Designation of Temporary Immigration Judges (.pdf 651 KB) AILA comments in response to EOIR’s interim rule, published in the Federal Register on July 11, 2014, related to the creation of temporary immigration judge positions within the Office of the Chief Immigration Judge.
    AILA Doc. No. 14091161.
  • 9/11/2014 AILA Board of Governors Teleconference Minutes (9/4/14) (.pdf 584 KB) Minutes from the AILA Board of Governors Teleconference held on September 4, 2014.
    AILA Doc. No. 14091160.
  • 9/10/2014 Your AILA8 for September 10, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14091047.
  • 9/10/2014 Practice Pointer: RFE vs. NOID Following Kazarian I-140 Analysis (.pdf 477 KB) NSC Liaison Committee practice pointer clarifying USCIS’s current policy and procedure when issuing RFEs or NOIDs for I-140 petitions subject to the two-part analysis established in Kazarian v. USCIS.
    AILA Doc. No. 14091046.
  • 9/10/2014 Practice Pointer: I-130 Filing Tips from the Nebraska Service Center
    Practice Pointer based on an e-mail from the Nebraska Service Center (NSC) to stakeholders on best practices and tips for filing Form I-130, Petition for Alien Relative.
    AILA Doc. No. 14091045.
  • 9/10/2014 Denver Immigration Court To Take Over Artesia Docket (.pdf 463 KB) Effective 9/29/14, EOIR will assign immigration cases originating at the Artesia, NM, hearing location to IJs at the Denver Immigration Court in Denver rather than to IJs at the Headquarters Immigration Court in Arlington,VA. Denver IJs will hear cases via video-teleconference.
    AILA Doc. No. 14091044.
  • 9/10/2014 EOIR Teleconference and Webinar on Recognition and Accreditation Program (.pdf 466 KB) EOIR invitation to a 9/26/14 stakeholder teleconference and webinar providing a general overview of EOIR’s recognition and accreditation program. Registration information included.
    AILA Doc. No. 14091043.
  • 9/10/2014 Daily Immigration News Clips – September 10, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 10, 2014.
  • 9/10/2014 Chicago Chapter – USCIS Chicago Field Office Minutes (9/4/14) (.pdf 2119 KB) Minutes from a 9/4/14 AILA Chicago Chapter meeting with the Chicago Field Office. Topics include: expedited biometrics and I-551 passport stamps for pending I-90s, creation of record of permanent residence for American Indian born in Canada, CSPA, and reductions to standard RFE response times.
    AILA Doc. No. 14091042.
  • 9/10/2014 Call for Questions for VSC Stakeholders Meeting on October 24
    AILA’s VSC Liaison Committee requests questions or topics for the VSC stakeholders meeting to be held on 10/24/14. Please submit questions by close of business on 9/17/14.
    AILA Doc. No. 14091041.
  • 9/10/2014 New Date for USCIS Teleconference on H-1Bs and Religious Workers (Updated 9/10/14) (.pdf 892 KB) USCIS invitation to a 10/9/14 teleconference with CSC and VSC. There will be two, 45-minute sessions, the first session on H-1B filing tips and the second session on the eligibility requirements for religious workers. This event was previously scheduled for 9/25/14.
    AILA Doc. No. 14082745.
  • 9/10/2014 Visa Bulletin for October 2014 (.pdf 134 KB) DOS Visa Bulletin for October 2014. There is slight forward movement in most categories. EB-5 China is current. Also noted was that increased visa demand will require holding the India employment-based second preference date at 5/1/09 to keep usage within the FY2015 annual limit.
    AILA Doc. No. 14091040.
  • 9/10/2014 Unable to Volunteer in Artesia? Support Your Colleagues Who Can!
    AIC and AILA have collaborated to create a way for AILA members to make tax-deductible donations on-line to help reimburse the travel expenses of AILA pro bono volunteers! Please give generously so this volunteer effort can continue to bring hope to families detained in Artesia.
    AILA Doc. No. 14090249.
  • 9/10/2014 Call for Questions: Upcoming Meeting with the National Benefits Center
    The AILA National Benefits Center (NBC) Liaison Committee is in the process of preparing for its fall liaison meeting with NBC, and would like to hear your suggested agenda items, problems, and concerns. Responses needed by 9/17/14.
    AILA Doc. No. 14091060.
  • 9/9/2014 CA9 Holds Matter of Jean Applies to Adjustment Applications Under INA §245(i) (.pdf 535 KB) The court upheld the BIA’s decision not to apply the categorical approach to determine if a crime is violent or dangerous for purposes of Matter of Jean and upheld the BIA’s extension of the standard to the context of adjustment under INA §245(i). (Torres-Valdivias v. Holder, 9/5/14)
    AILA Doc. No. 14090943.
  • 9/9/2014 Your AILA8 for September 9, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14090944.
  • 9/9/2014 AILA Leadership Blog: An Arduous Success in Artesia
    AILA Member and Artesia Volunteer Deborah S. Smith highlights a first-ever success due to the extraordinary team effort in Artesia: the first parole for a mother and sick child.
  • 9/9/2014 AILA Members’ LTE Template on Administration’s Delay and Family Detention
    AILA members are urged to personalize and submit this template Letter to the Editor (LTE) in response to articles mentioning the President’s recent decision to delay executive action on immigration, family detention, UACs. Please contact AILA staff (newsroom@aila.org) with questions.
    AILA Doc. No. 14090942.
  • 9/9/2014 USCIS Updates Policy Manual with H-3 Trainee Guidance (.pdf 972 KB) USCIS policy alert that the USCIS Policy Manual has been updated to provide comprehensive guidance on the H-3 trainees nonimmigrant visa category. Comments are due by 9/19/14.
    AILA Doc. No. 14090940.
  • 9/9/2014 Call for Examples: O and P Petition RFEs (Updated 9/9/14)
    Have you received an RFE for an O or P petition filed within the last two months? For an agency issue? On a renewal petition? Requesting information already submitted in the petition? On a O or P petition pending over 30 days? AILA Liaison wants to know!
    AILA Doc. No. 14022642.
  • 9/9/2014 Let Your VOICE Be Heard! Write for AILA’s Online Magazine, VOICE: An Immigration Dialogue (.pdf 638 KB) Be a part of AILA’s VOICE: An Immigration Dialogue. Want to submit an article for consideration? Have a story idea? Want to share what’s happening in your life for the news about members section? Don’t wait! Contact VOICE at voice@aila.org for more information.
    AILA Doc. No. 10081762.
  • 9/9/2014 Immigration Law Advisor, July/August 2014 (Vol. 8, No. 6) (.pdf 711 KB) The July/August 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the circuit split on the finality rule, circuit court decisions for June 2014, recent BIA precedent decisions, and a regulatory update.
    AILA Doc. No. 14090941.
  • 9/9/2014 AILA Monthly Calendar of Events: September 2014 (.pdf 398 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!
  • 9/9/2014 Daily Immigration News Clips – September 9, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 9, 2014.

 
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