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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

  • 9/16/2014 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 2014 Visa Reciprocity Changes (Updated 9/15/14)
    DOS updates the visa reciprocity tables, including updated information for Macau.
    AILA Doc. No. 14010841.
  • 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 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 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 USCIS California Service Center (CSC)
    Procedures for requesting AILA liaison assistance for cases pending at the California Service Center.
    AILA Doc. No. 04070662.
  • 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.
  • 9/12/2014 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 USCIS Comment Request on Form I-918 and Supplements
    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.
  • 9/10/2014 USCIS Comment Request on Form I-612
    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.
  • 9/10/2014 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.
  • 9/8/2014 Your AILA8 for September 8, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14090847.
  • 9/8/2014 CA9 Holds California Conviction for Possession of Marijuana for Sale Is an Aggravated Felony (.pdf 512 KB) The court held that a conviction for possession of marijuana for sale under California Health and Safety Code §11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance,” under INA §101(a)(43)(B). (Roman-Suaste v. Holder, 9/4/14)
    AILA Doc. No. 14090846.
  • 9/8/2014 Recent Radio Interviews with Leslie Holman on UACs
    AILA President Leslie Holman recently participated in a radio tour involving several stations around the country discussing the issue of unaccompanied children crossing the border and what factors motivate them to seek refuge. Two of the clips are available for download.
    AILA Doc. No. 14090845.
  • 9/8/2014 OCAHO Reduces Fine After Finding No Unauthorized Employees (.pdf 477 KB) The janitorial service company claimed to have misplaced most of the I-9s but OCAHO reduced the I-9 fine for failing to prepare and/or present I-9 forms after finding no authorized employees and no history of previous violations. (U.S. v. Clean Sweep Janitor Service, 6/30/14)
    AILA Doc. No. 14090844.
  • 9/8/2014 BIA Holds Having Passport at Hearing Not Requirement for Receiving Voluntary Departure
    Unpublished BIA decision orders further consideration of request for voluntary departure that was denied solely because respondent did not have passport in physical possession at the time of the hearing. Special thanks to IRAC. (Matter of Lorenzo-Cabrera, 6/13/14)
    AILA Doc. No. 14090843.
  • 9/8/2014 BIA Holds Florida Theft and Issuance of Worthless Check Not CIMTs
    Unpublished BIA decision upholds termination of proceedings upon finding neither issuing a worthless check under Fla. Stat. 832.05 nor theft under Fla. Stat. 812.014 qualify as a CIMT. Special thanks to IRAC. (Matter of Montinar, 6/13/14).
    AILA Doc. No. 14090842.
  • 9/8/2014 District Court Complaint Against EB-5 Attorney and Law Firm (.pdf 549 KB) Complaint filed against a Los Angeles-based immigration attorney, his wife, and his law firm partner, for conducting an investment scheme to defraud foreign investors trying to come to the U.S. through the EB-5 program. The SEC also filed charges.
    AILA Doc. No. 14090841.
  • 9/8/2014 AAO Processing Time Report (9/1/14) (.pdf 563 KB) AAO Processing Times as of September 1, 2014.
    AILA Doc. No. 14090840.
  • 9/8/2014 DOS Practice Alert: Technical Problems with Passport/Visa System (Updated 9/8/14)
    The DOS Bureau of Consular Affairs reports it is supporting visa and passport issuances within expected processing times and service expectations and has eliminated the queue of caused by system issues.
    AILA Doc. No. 14072440.
  • 9/8/2014 USCIS Invitation to NSC Teleconference on Business Issues (Updated 9/8/14)
    USCIS invitation to a 9/11/14 NSC teleconference on business issues. Registration information included.
    AILA Doc. No. 14081945.
  • 9/8/2014 Daily Immigration News Clips – September 8, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 8, 2014.
  • 9/8/2014 AILA Leadership Blog: Judge Us by our Treatment of Child Refugees
    Rob Cohen, Vice Chair, AILA’s USCIS Liaison Committee, compares an account of a World War II child refugee with “stories of the women and children refugees from Central America, facing the same prejudice, deprivation, and the same barriers to resettlement and safety imposed by our own government.”
  • 9/6/2014 President Obama Doubles Down on Immigration Failures: Delays Executive Action and Ramps Up Jailing of Families
    AILA President Leslie Holman reacts to the delay on executive action, saying “The attempt to deny protection to desperate refugees, and the delay on immigration action, make absolutely no fiscal or moral sense, and are built on questionable political assumptions.”
    AILA Doc. No. 14090640.
  • 9/5/2014 AILA Quicktake #96: AILA Recommendations on Administrative Reform
    In this Quicktake, AILA Executive Director Crystal Williams discusses what some of AILA's recommendations to the Administration on executive action have been.
    AILA Doc. No. 14090554.
  • 9/5/2014 Nevada Chapter: Minutes from the USCIS Las Vegas Field Office Meeting (4/25/14) (.pdf 462 KB) Minutes from the Nevada chapter’s 4/25/14 liaison meeting with USCIS Las Vegas field office, discussing the following topics: advance parole, adjustment of status and naturalization interview time frames, and Infopass appointments.
    AILA Doc. No. 14090553.
  • 9/5/2014 CA7 Says Petitioner Is Eligible for §212(c) Relief (.pdf 620 KB) The court remanded the §212(c) denial, concluding the BIA committed legal error by failing to follow its own precedent and giving substantial weight to an arrest report absent a conviction or corroborating evidence of the allegations contained therein. (Avila-Ramirez v. Holder, 8/21/14)
    AILA Doc. No. 14090552.
  • 9/5/2014 Video: Snapshots from Artesia: September 5, 2014
    Special Edition: AILA member Christina Brown shares information about her successful asylum merits hearing yesterday and other AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.
    AILA Doc. No. 14090551.
  • 9/5/2014 Daily Immigration News Clips – September 5, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 5, 2014.
  • 9/5/2014 CA1 Upholds Asylum Denial for Somali Petitioner (.pdf 477 KB) The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)
    AILA Doc. No. 14090550.
  • 9/5/2014 TRAC Report Finds Immigration Court Backlog Nears 400,000
    Transactional Records Access Clearinghouse (TRAC) report finding that the number of cases awaiting resolution in the immigration courts has grown to 396,552 by the end of July 2014. The California Immigration Courts continue to have the greatest backlog, followed by Texas and New York.
    AILA Doc. No. 14090549.
  • 9/5/2014 AILA’s Fundamentals Conference – Early-Bird Savings End 9/22
    Immigration law is a complex and demanding field. With pre-recorded training sessions and an information-packed live event, AILA’s October 16–17 conference in New Orleans is designed to give you a solid foundation for success. If you’re just getting started in the field, register soon and save.
  • 9/5/2014 CA10 Asks BIA to Clarify Whether Discrepancies Provide Sufficient Basis for Denying Cancellation (.pdf 527 KB) The court held the BIA acted within its discretion in rejecting the wife’s ineffective representation of counsel claim but remanded the husband’s claim to clarify whether the discrepancies relating to continuous residence were sufficient for denying cancellation. (Rivera v. Holder, 8/19/14)
    AILA Doc. No. 14090548.
  • 9/5/2014 CA8 Denies Petitions to Review Asylum Denial for Burmese Petitioner (.pdf 482 KB) The court held the BIA did not abuse its discretion in denying the Burmese petitioner’s motion to remand and motion to reopen, citing numerous inconsistencies in her asylum claim relating to harm allegedly suffered in the Burmese army and in Thailand. (Lee v. Holder, 8/28/14)
    AILA Doc. No. 14090547.
  • 9/5/2014 Nevada Chapter: Minutes from the USCIS District Office Meeting (10/23/13) (.pdf 510 KB) Minutes from the Nevada chapter’s 10/23/13 liaison meeting with USCIS discussing the following topics: biometrics, evidentiary issues, RFEs, Infopass , processing times, and more.
    AILA Doc. No. 14090546.
  • 9/5/2014 EB-5 Processing Time Report (9/4/14) (.pdf 545 KB) EB-5 Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090545.
  • 9/5/2014 National Benefits Center Processing Time Report (9/4/14) (.pdf 553 KB) NBC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090544.
  • 9/5/2014 Vermont Service Center Processing Time Report (9/4/14) (.pdf 618 KB) VSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090543.
  • 9/5/2014 Texas Service Center Processing Time Report (9/4/14) (.pdf 600 KB) TSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090542.
  • 9/5/2014 Nebraska Service Center Processing Time Report (9/4/14) (.pdf 592 KB) NSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090541.
  • 9/5/2014 California Service Center Processing Time Report (9/4/14) (.pdf 625 KB) CSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.
    AILA Doc. No. 14090540.
  • 9/5/2014 CA6 Vacates and Remands, Finds Petitioner Timely Retracted His False Asylum Testimony (.pdf 540 KB) The court vacated the BIA’s decision that the petitioner’s voluntary confession of false asylum testimony was not retracted because it was untimely, and remanded for the BIA to determine his eligibility for cancellation of removal. (Ruiz v. Holder, 8/29/14)
    AILA Doc. No. 14090560.
  • 9/5/2014 Your AILA8 for September 4, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
  • 9/5/2014 AILA Leadership Blog: Welcoming the Children to New York
    In this blog post, Camille Mackler, AILA NYC Co-Media Liaison, offers a look into what went into two recent events in New York City focused on helping migrant children integrate into the community and access important services, including legal assistance.
  • 9/4/2014 CA8 Says Salvadoran Petitioner Did Not Identify a Particular Social Group (.pdf 507 KB) The court agreed with the BIA that “men in El Salvador who fear gang violence because of a former gang member who is also their family member” was not a particular social group because it did not satisfy the visibility requirement. (Fuentes v. Holder, 8/22/14)
    AILA Doc. No. 14090408.
  • 9/4/2014 AILA Leadership Blog: What Does a Week in Artesia Look Like?
    This blog post from AILA Member Megan Kludt highlights some of her experiences over the last week working at the Artesia family detention facility in New Mexico with other AILA volunteers.
    AILA Doc. No. 14090405.
  • 9/4/2014 EOIR Liaison Committee Seeks Questions for Fall Meeting
    The EOIR Liaison Committee seeks questions for its fall meeting with the agency in late October 2014. Please send any questions by Wednesday, September 10, 2014.
    AILA Doc. No. 14090401.
  • 9/4/2014 September Update: AILA Response to Central American Humanitarian Crisis (.pdf 580 KB) September 2014 AILA member update on coordinated efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is includes what we know, what actions are being pursued, and how to get involved.
    AILA Doc. No. 14090407.
  • 9/4/2014 San Diego Chapter: USCIS Liaison Meeting Minutes (8/12/14) (.pdf 565 KB) San Diego Chapter minutes from liaison meeting with USCIS District 24 on 8/12/14. Topics include: humanitarian parole, adjustment of status, naturalization, Infopass appointments, approved I-130 transfers to the NVC for consular processing, and parole-in-place requests.
    AILA Doc. No. 14090406.
  • 9/4/2014 Who Really Owns Your Web Address?
    Most law firms have a website today, and most of those hire a web developer to build it. So do you know who owns yours? This week’s Practice Success Tip provides a way to find out!
    AILA Doc. No. 14090404.
  • 9/4/2014 Carolinas Chapter –USCIS Raleigh/Durham Inquiry Form (9/4/14) (.pdf 522 KB) USCIS inquiry form for Raleigh/Durham, SC.
    AILA Doc. No. 11052650.
  • 9/4/2014 Media Talking Points for AILA Members on Administrative Reform (.pdf 824 KB) AILA Members can use these Talking Points when asked by the media or other stakeholders what the President can and should do to reform our broken immigration system through administrative reform.
    AILA Doc. No. 14090460.
  • 9/4/2014 Avoid the NOID! How to Prevent Asylum Office NOIDs (.pdf 784 KB) Practice pointer on how to prevent Notices of Intent to Deny (NOIDs) issued by the USCIS asylum offices, based on a review of example NOIDs provided by the membership. Special thanks to the AILA Asylum and Refugee Committee.
    AILA Doc. No. 14090403.
  • 9/4/2014 Survey of Security Advisory Opinions (SAOs) in India, Philippines, and PRC
    The AILA DOS Liaison Committee requests feedback from AILA members about Security Advisory Opinions (SAOs) in India, Philippines, and the People's Republic of China (PRC). Complete the survey today!
    AILA Doc. No. 14040902.
  • 9/4/2014 USCIS Notice of Online Tools Unavailability (Updated 9/04/14)
    USCIS will conduct system maintenance from 5am until midnight (Eastern) on Sunday, September 7, 2014, and USCIS online tools will be unavailable.
    AILA Doc. No. 13072641.
  • 9/4/2014 Daily Immigration News Clips – September 4, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 4, 2014.
  • 9/4/2014 Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America (Updated 9/4/14)
    A compilation of both AILA resources and other organization resources to help attorneys provide legal services in the United States to unaccompanied children and families affected by the Central American humanitarian crisis.
    AILA Doc. No. 14072246.
  • 9/3/2014 Your AILA8 for September 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. 14090354.
  • 9/3/2014 BIA Reverses Denial of Continuance for Respondent Seeking to Review A-File
    Unpublished BIA decision holds that IJ should have continued proceedings to permit the respondent to obtain and review copy of A-file, the contents of which could confirm eligibility to adjust status. Special thanks to IRAC. (Matter of Saenz-Ledesma, 6/13/14)
    AILA Doc. No. 14090353.
  • 9/3/2014 AILA Resources on Administrative Reform 2014 (Updated 9/3/14)
    Resources on 2014 administrative reform proposals.
    AILA Doc. No. 14032850.
  • 9/3/2014 BIA Reverses Discretionary Denial of Voluntary Departure
    Unpublished BIA decision finds respondent merits voluntary departure because positive equities outweigh prior immigration violations, including illegally re-entering the country. Special thanks to IRAC. (Matter of Peguero, 6/10/14)
    AILA Doc. No. 14090352.
  • 9/3/2014 AILA Letter to White House on Administrative Fixes (.pdf 737 KB) On 8/6/14 AILA Executive Director Crystal Williams sent this letter to Cecilia Munoz, Assistant to the President and Director of the Domestic Policy Council at the White House outlining the key areas where AILA hopes the administration will pursue improvements as they consider administrative action.
    AILA Doc. No. 14090349.
  • 9/3/2014 CA2 Denies Relief, Says Organized Crime Convention Is Not Self-Executing (.pdf 625 KB) The court denied the petition for review, finding that the witness protection provisions of the United Nations Convention Against Transnational Organized Crime (CATOC) were not self-executing and could not be enforced absent implementing legislation. (Doe v. Holder, 8/19/14)
    AILA Doc. No. 14090351.
  • 9/3/2014 CA2 Says Chinese Petitioner’s Pro-Democracy Activism Constitutes Changed Circumstances (.pdf 561 KB) The court remanded, finding the IJ erred when holding that because petitioner’s pro-democracy political opinion reflected views he had when he emigrated, the activism did not constitute changed circumstances that excused untimeliness pursuant to INA §208 (a)(2)(D). (Lin v. Holder, 8/19/14)
    AILA Doc. No. 14090350.
  • 9/3/2014 AILA Upstate New York Chapter Annual Fall Conference
    25 Years of CFTA & NAFTA Immigration: The Perspective from Both Sides of the Border.
    October 17, 2014
    Buffalo Club
    Buffalo, NY
    This event is being presented by AILA’s Upstate New York Chapter. This event is not being organized by the AILA National Office.
  • 9/3/2014 To E-Verify or Not to E-Verify?
    In the September 2014 VOICE, AILA member Christine Mehfoud discusses the pros and cons of enrolling in E-Verify. For more guidance on the challenges of E-Verify and strategies for overcoming them, check out a 2014 Annual Conference session on E-Verify.
  • 9/3/2014 CA11 Says Petitioner Failed to Exhaust Argument that She Did Not Commit an Aggravated Felony (.pdf 540 KB) The court held the petitioner failed to exhaust her only ground for her expedited removal that her conviction for battery was not an aggravated felony and the BIA did not err when it rejected her withholding and CAT claims relating to sexual orientation. (Malu v. U.S. Att’y Gen., 8/19/14)
    AILA Doc. No. 14090348.
  • 9/3/2014 CA2 Says New York Third Degree Arson Is an Aggravated Felony (.pdf 691 KB) The court deferred to the BIA’s reasonable determination that a conviction for attempted third degree arson under New York Penal Law §§110 and 150.10 constitutes an aggravated felony, rendering the petitioner ineligible for cancellation of removal. (Torres v. Holder, 8/20/14)
    AILA Doc. No. 14090347.
  • 9/3/2014 AILA Leadership Blog: Let These Women Go
    AILA member Stephen Manning sheds some light on how cases are being handled in Artesia noting, “The Artesian reality is that for every woman and child screened in our program who was eligible for release, ICE denied release as a blanket policy—without conducting any individualized determination.”
  • 9/3/2014 CA9 Transfers U.S. Citizenship Claim to District Court for Evidentiary Findings (.pdf 551 KB) The court held that the petitioner may be able to establish citizenship if he could show that the INS’s mishandling of naturalization applications by petitioner and his mother resulted in a violation of his due process rights. (Brown v. Holder, 8/18/14)
    AILA Doc. No. 14090346.
  • 9/3/2014 CA9 Grants Petition for Review, Finds BIA Misused Modified Categorical Approach (.pdf 552 KB) The court reversed and remanded, holding petitioner’s conviction of attempted second degree burglary under California Penal Code §459 could not qualify as an attempted theft offense under INA §101(a)(43)(U) and it did not render him ineligible for cancellation. (Rendon v. Holder, 8/22/14)
    AILA Doc. No. 14090345.
  • 9/3/2014 IJ Says Theft Under Texas Penal Code §31.03 Is Not a CIMT (.pdf 644 KB) The IJ held that since respondent could have been convicted of “intent to deprive” when she did not have an intent to deprive an individual of property permanently, the Texas theft statute is categorically overbroad and not a crime involving moral turpitude (CIMT). Courtesy of Nicholas D. Gordon.
    AILA Doc. No. 14090344.
  • 9/3/2014 DOS Interim Final Rule on Changes to Fees for Visa and Citizenship Services (Updated 9/3/14)
    DOS interim final rule amending the schedule of fees for visa and citizenship services and lowering the hourly consular officer time charge. Correction issued 9/3/14 with effective date now 9/12/14 and a comment due date of 10/26/14. (79 FR 51247, 8/28/14) (79 FR 52197, 9/3/14)
    AILA Doc. No. 14082841.
  • 9/3/2014 Daily Immigration News Clips – September 3, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 3, 2014.
  • 9/3/2014 USCIS Extension and Redesignation of South Sudan for TPS
    DHS extended the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from 11/3/14 through 5/2/16 and redesignated South Sudan to allow additional individuals to obtain TPS. Initial registration and re-registration dates are included. (79 FR 52019, 9/2/14)
    AILA Doc. No. 14090343.
  • 9/3/2014 2014 AILA Central Florida Chapter Annual Conference (Updated 9/3/14)
    Basics and Beyond at the Beach
    October 17-18, 2014
    Hyatt Regency Clearwater Beach Resort and Spa
    Clearwater Beach, Florida
  • 9/3/2014 USCIS Extension of Designation of Sudan for TPS
    DHS extended the designation of Sudan for Temporary Protected Status (TPS) for 18 months, from 11/3/14 through 5/2/16. Current TPS beneficiaries may re-register between 9/2/14 through 11/3/14. (79 FR 52027, 9/2/14)
    AILA Doc. No. 14090342.
  • 9/3/2014 DHS OIG Memo on Oversight of Detention of Unaccompanied Alien Children (.pdf 1186 KB) DHS’s Office of Inspector General (OIG) memo with findings from unannounced site visits between 7/17/14 and 8/20/14 to determine the conditions of detention for unaccompanied alien children in DHS custody, stating “we did not observe misconduct or inappropriate conduct by DHS employees.”
    AILA Doc. No. 14090341.
  • 9/3/2014 BALCA En Banc Affirms Denial for Failure to Explicitly State Employer Name on NOF (.pdf 233 KB) BALCA upheld the CO’s denial, finding that failure to explicitly state the name of the employer on the Notice of Filing is fatal to the application pursuant to the advertising content requirements of 20 CFR 656.10(d)(4) and 20 CFR 656.17(f). (Matter of Tera Technologies, Inc., 8/28/14)
    AILA Doc. No. 14090340.
  • 9/2/2014 Your AILA8 for September 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. 14090252.
  • 9/2/2014 BIA Terminates Removal Proceedings for Respondent from Bosnia-Herzegovina (.pdf 870 KB) Unpublished BIA decision finding that respondent’s willful misrepresentations of his military service in the Army of the Republika Srpska were not material, as they could not have influenced the decision to admit him as a refugee and grant his adjustment application. Courtesy of Paul Djurisic.
    AILA Doc. No. 14090251.
  • 9/2/2014 BIA Dismisses Charges of Removability Under INA §§237(a)(2)(A)(iii) and 237(a)(2)(E)(i) (.pdf 853 KB) Unpublished BIA decision terminating removal proceedings, finding Ninth Circuit law precluded respondent from being removable for an aggravated felony and his conviction of attempted child molestation under Washington law did not qualify as a crime of child abuse. Courtesy of Robert L. Jaeggli.
    AILA Doc. No. 14090250.
  • 9/2/2014 CBP Practice Alert: “Implied Departure” and Denial of USCIS Benefits
    CBP practice alert regarding reports from multiple members who have received erroneous denials of COS and AOS applications where the client had purchased, but not used, an airline ticket to depart the U.S. CBP has already informed USCIS of this issue and expects a speedy resolution.
    AILA Doc. No. 14090243.
  • 9/2/2014 AILA Notes from SCOPS Teleconference (8/27/14) (.pdf 1049 KB) AILA notes from a teleconference with SCOPS on 8/27/14. Topics include processing of FY2015 cap-subject H-1B petitions, G-28s, LCA and O*NET issues, duplicate receipting of cap subject H-1B petitions, implications of 2013 government shutdown, file transfer delays, I-290Bs, and I-765s.
    AILA Doc. No. 14090247.
  • 9/2/2014 President Obama Announces Intent to Nominate New ICE Assistant Secretary (.pdf 544 KB) White House press statement announcing President Obama's intent to nominate Sarah R. Saldaña to be Assistant Secretary of ICE. Ms. Saldaña currently serves as the U.S. Attorney for the Northern District of Texas and is a member of the Attorney General's Advisory Committee.
    AILA Doc. No. 14090241.
  • 9/2/2014 Call for Examples: USCIS Denials for Abandonment Based on "Implied Departures"
    Has USCIS denied your client’s change of status (COS) request or adjustment of status (AOS) application due to abandonment when s/he has not actually left the country? If so, submit your examples today!
    AILA Doc. No. 14090242.
  • 9/2/2014 AILA Comments on USCIS Interim Memo on Adjudication of H-1Bs for Nursing Positions (.pdf 1667 KB) AILA comments in response to USCIS’s interim memorandum with guidance on the adjudication of H-1B petitions for nursing positions and how to determine whether or not a nursing position meets the definition of a specialty occupation.
    AILA Doc. No. 14090240.
  • 9/2/2014 Daily Immigration News Clips – September 2, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 2, 2014.
  • 9/2/2014 AILA Leadership Blog: Action on Immigration is Long Overdue
    Mo Goldman, Chair of AILA’s Media Advocacy Committee, shares his perspective about why the President should “Go Big” on immigration reform through executive action given the disappointing inaction by Congress.
  • 9/2/2014 USCIS Feedback Sessions on ELIS and Online Customer Service Tools (.pdf 770 KB) USCIS invitation to feedback sessions hosted at USCIS field offices around the country where USCIS will 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.
    AILA Doc. No. 14090260.

 
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