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10/1/2014 - Your AILA8 for October 1, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

10/1/2014 - Call for Examples: 2014 L-1B RFEs and Denials (Updated 10/1/14)  
AILA is seeking examples of L-1B petition RFEs and denials issued in 2014. Please send us your examples by October 17, 2014.

10/1/2014 - AILA Monthly Calendar of Events: October 2014   (.pdf 335 KB)
Get connected to the AILA community with the AILA Monthly Calendar of Events. The calendar features national conferences and seminars, local chapter events, government stakeholder engagements, and more!

10/1/2014 - VOICE: October 2014  
In the October 2014 VOICE, learn about the effect of Matter of Chairez on foreigners facing removal for a crime, issues concerning alcohol abuse and waivers of inadmissibility, one attorney’s path to starting her practice out of law school, the benefits of AILA’s Mentor Program, and more!

10/1/2014 - Immigration Court Practice Manual Updates Appendix A   (.pdf 473 KB)
On 9/30/14, the Office of the Chief Immigration Judge updated Appendix A of the Immigration Court Practice Manual to reflect the closing of the El Centro Immigration Court.

10/1/2014 - GMS International Lawyers List (Updated 10/1/14)   (.pdf 140 KB)
GMS Members have access to a list of licensed and qualified immigration law practitioners for jurisdictions other than the United States.

10/1/2014 - DHS Annual Report on Immigration Enforcement Actions During 2013   (.pdf 636 KB)
DHS Annual Report from the Office of Immigration Statistics on immigration enforcement actions taken during 2013. Report includes a description of the immigration enforcement process and apprehension and inadmissibility data, as well as trends and characteristics of enforcement actions.

10/1/2014 - Did You Miss the AILA Web Seminar on Playing the Visa Bulletin Lotto?  
Did you miss the recent AILA web seminar on Visa Bulletins? Listen as the panel of experts discuss the mechanics and pitfalls of filing an I-140 in multiple categories, marriage and cross chargeability, and more. You can purchase the downloadable recording and listen anytime that is convenient.

10/1/2014 - CSC Stakeholders Newsletter, First Quarter FY2015   (.pdf 1419 KB)
The CSC newsletter for the first quarter of FY2015, including best practices for family-based petitions, a save-the-date for an October listening session on P-1A internationally recognized athletes, and a reminder of the H-1B filing tips and religious worker teleconference on 10/9/14.

10/1/2014 - BIA Vacates Stipulated Removal Order  
Unpublished BIA decision vacates stipulated removal order because IJ did not address whether waiver of hearing was voluntary, knowing, and intelligent, citing 8 CFR 1003.25(b). Special thanks to IRAC. (Matter of Aquino, 7/8/14)

10/1/2014 - Presidential Determination on Refugee Admissions for FY2015   (.pdf 521 KB)
The White House released a presidential memorandum on refugee admission, allowing the admission of up to 70,000 refugees for FY2015. The memo indicates that individuals from Honduras, Guatemala, and El Salvador may be considered refugees within their countries of nationality or habitual residence.

10/1/2014 - BIA Holds Florida Burglary Not a Categorical CIMT  
Unpublished BIA grants motion to reconsider and holds burglary under Fla. Stat. 810.02(2)(a) is not categorical CIMT because certain subsections do not require the structure to be occupied at the time of the breaking. Special thanks to IRAC. (Matter of Reyes, 7/8/14)

10/1/2014 - District Court Reaffirms that ICE Detainers Are Not Mandatory   (.pdf 526 KB)
The district court in Illinois cited Galarza v. Szalczyk to rule that local law enforcement offices should not consider ICE detainers issued pursuant to 8 CFR §287.7 as mandatory. (Moreno v. Napolitano, 9/29/14)

10/1/2014 - USCIS Filing Procedures for Liberians Eligible for Deferred Enforced Departure  
USCIS notice with filing procedures for employment authorization and automatic extension of existing employment authorization documents for Liberians eligible for deferred enforced departure after DED was extended for an additional 24 months (through 9/30/16). (79 FR 59286, 10/1/14)

10/1/2014 - Daily Immigration News Clips – October 1, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 1, 2014.

9/30/2014 - AILA Quicktake #99: U-Visa Certifications  
AILA member Graham Bateman shares her experience in Alexandria, Louisiana, where there has been change in how police interact with the local Hispanic community on the issue of U-Visas.

9/30/2014 - Your AILA8 for September 30, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/30/2014 - Docketing Practices Relating to Unaccompanied Children in Light of New Priorities   (.pdf 574 KB)
EOIR 9/10/14 memorandum to IJs addressing concerns related to continuances to obtain representation, adjournments for other reasons, and appearances by custodians, in light of docketing changes relating to unaccompanied children.

9/30/2014 - 2014 AILA Central Florida Chapter Annual Conference (Updated 9/30/14)  
Basics and Beyond at the Beach
October 17-18, 2014
Hyatt Regency Clearwater Beach Resort and Spa
Clearwater Beach, Florida

9/30/2014 - AILA Resources on Detention (Updated 9/30/14)  
Resources related to detention conditions and policy, including legislation, press statements, and hearings.

9/30/2014 - 2014 AILA Washington D.C. Chapter Fall Conference  
October 22, 2014
Univ. of Maryland Shady Grove Conference Center
Rockville, MD
This event is being presented by AILA’s Washington D.C. Chapter. This event is not being organized by the AILA National Office.

9/30/2014 - AILA Leadership Blog: A Look Into Karnes  
Ruby Powers, an AILA member, recently volunteered at the Karnes family detention center; this blog post highlights some of what she saw there and ends with a call for volunteers and her promise, “I guarantee that you will not regret the time you spend helping these families.”

9/30/2014 - Nevada Chapter: USCIS Liaison Meeting Minutes (1/22/14)   (.pdf 592 KB)
Nevada Chapter liaison minutes from meeting with USCIS Las Vegas on 1/22/14. Topics include: field office staffing and training, biometrics, remand of adjustment of status cases from ICE, documentation of conditional permanent resident status, parole-in-place, and processing times.

9/30/2014 - 2014 AILA Colorado Chapter Rocky Mountain Immigration Law Update (Update 9/30/14)  
October 16-17, 2014
Embassy Suites Denver
Denver, CO
This event is being presented by AILA’s Colorado Chapter. This event is not being organized by the AILA National Office.

9/30/2014 - San Diego Chapter – SSA/DMV Liaison Meeting Minutes (9/12/14)   (.pdf 471 KB)
San Diego Chapter’s SSA/DMV Subcommittee minutes from meeting with SSA Community Liaison Yolanda York on 9/12/14. Topics include: subcommittee goals, requirements to apply for a SSN, normal processing time and follow up process, and process if applicants are having difficulty obtaining a SSA card.

9/30/2014 - DOS Announcement on 2016 Diversity Visa Program   (.pdf 687 KB)
DOS announcement that the 2016 Visa Program (DV-2016) will open at noon (EDT) on 10/1/14, and will close at noon (EST) on 11/3/14. Applicants must submit entries electronically during the registration period using the electronic DV entry form (E-DV) at dvlottery.state.gov.

9/30/2014 - Daily Immigration News Clips – September 30, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 30, 2014.

9/29/2014 - Your AILA8 for September 29, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/29/2014 - CA6 Dismisses Motion to Reopen for Lack of Jurisdiction   (.pdf 554 KB)
The court found it lacked jurisdiction to review the BIA’s denial of the petitioner’s second motion to reopen because of humanitarian factors, finding that the exercise of the BIA’s sua sponte authority was discretionary and not subject to judicial review. (Rais v. Holder, 9/16/14)

9/29/2014 - CA1 Affirms Denial of Motion to Reopen   (.pdf 467 KB)
The court found the BIA did not abuse its discretion in denying the motion to reopen, finding petitioner was ineligible for adjustment as he did not voluntarily depart when required and he did not comply with ineffective assistance of counsel requirements. (Taveras-Duran v. Holder, 9/23/14)

9/29/2014 - Central Florida Chapter – Orlando USCIS Liaison Minutes (9/23/14)   (.pdf 829 KB)
Central Florida Chapter liaison minutes from Orlando USCIS meeting on 9/23/14. Topics include: ASC walk-in policy, foreign country divorces, withdrawal of an I-130 in response to a NOID, I-485 interviews, jurisdiction of Orlando and Jacksonville USCIS offices, and congressional inquiry responses.

9/29/2014 - AIM: President Leslie Holman Discusses the 2014/2015 Term  
For September's AILA Interview of the Month (AIM), AILA President Leslie Holman discusses her goals for the 2014/2015 term.

9/29/2014 - Welcome New Members  
AILA would like to welcome its newest members.

9/29/2014 - CBP Integrity and Personal Accountability Strategy   (.pdf 621 KB)
CBP Integrity and Personal Accountability Strategy, outlining for all CBP employees a set of goals and objectives for CBP to implement comprehensive programs designed to prevent, detect, investigate, and respond to instances of corruption and misconduct across all levels in the agency.

9/29/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

9/29/2014 - BIA Says Menacing in Oregon Is a CIMT   (.pdf 1129 KB)
Unpublished BIA decision dismissing appeal and concluding that menacing in violation of §163.190 of the Oregon statute is categorically a crime involving moral turpitude (CIMT) and respondent is ineligible for cancellation of removal under §240(A)(b). Courtesy of Diana M. Bailey.

9/29/2014 - PL 113-160 Emergency Afghan Allies Extension Act 2014   (.pdf 202 KB)
Public Law 113-160 signed on 8/8/14 by President Obama amending the Afghan Allies Protection Act of 2009 to increase by 1,000 the number of Afghan special immigrant visas available in FY2014.

9/29/2014 - Letter from AILA Chapters to the Obama Administration on the Need for Children and Families to Receive Due Process   (.pdf 557 KB)
All of AILA’s U.S.-based chapters signed on to this open letter which calls for the Obama Administration to immediately review its current inhumane and unconstitutional detention and removal policies towards children and families with children.

9/29/2014 - ICE Request for Comments on Form I-901  
ICE 60-day notice for comments on proposed revisions to the Fee Remittance for Certain F, J, and M Nonimmigrants (Form I-901). DHS collects a fee not to exceed $200 from nonimmigrant foreign students and exchange visitors. Comments are due by 11/24/14. (79 FR 57565, 9/25/14)

9/29/2014 - CA11 Says Beneficiary of Approved I-140 Has Standing to Challenge I-140 Revocation   (.pdf 510 KB)
The court vacated and remanded, holding that an alien who is the beneficiary of an approved I-140, has applied for adjustment of status, and ported under INA §204(j), has standing to challenge the revocation of an I-140 petition. (Kurapati v. USCIS, 9/22/14)

9/29/2014 - USCIS Comment Request on Form I-690  
USCIS 60-day notice of a request for comments on proposed revisions to the Application for Waiver of Grounds of Excludability (Form I-690). Comments are due by 11/18/14. (79 FR 56384, 9/19/14)

9/29/2014 - CA11 Says Silence in DOS Reports Cannot Rebut Evidence of Torture of Returned Asylum Seekers   (.pdf 510 KB)
The court vacated and remanded the 2013 order of removal, concluding that the silence in the DOS Country Reports could not, without more, rebut evidence presented that petitioner would suffer persecution as a failed asylum seeker if returned to Sri Lanka. (Gaksakuman v. Att’y Gen., 9/18/14)

9/29/2014 - CA9 Says CA Attempted Arson Is an Aggravated Felony   (.pdf 571 KB)
The court held a conviction for attempted arson in violation of California Penal Code §455 constituted an aggravated felony and the additional element in the federal explosive materials statute is a purely jurisdictional element which must be disregarded. (Sandoval-Gomez v. Holder, 9/22/14)

9/29/2014 - USCIS Notice of CNMI-Only Transitional Worker Numerical Limitation for FY2015  
USCIS notice of the annual fiscal year numerical limitation for the Commonwealth of the Northern Mariana islands (CNMI)-only Transitional Worker (CW-1) nonimmigrant classification for FY2015. Notice is effective as of 9/29/14. (79 FR 58241, 9/29/14)

9/29/2014 - Deferred Enforced Departure Extended for Eligible Liberians in the U.S.   (.pdf 558 KB)
USCIS press release announcing that it will automatically extend EADs for Liberian nationals covered under Deferred Enforced Departure (DED) through 3/30/15 due to DED being extended through 9/30/16 for qualified Liberians.

9/29/2014 - Daily Immigration News Clips – September 29, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 29, 2014.

9/26/2014 - Your AILA8 for September 26, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/26/2014 - CRS Report on Iraqi and Afghan Special Immigrant Visa Programs   (.pdf 775 KB)
Congressional Research Service (CRS) report on special immigrant visa programs for Iraqis and Afghans who have worked for the U.S. as translators or interpreters, including analysis of challenges involving application processing and screening.

9/26/2014 - Practice Alert: Duplicate Biometrics Appointment Notices (Updated 9/26/14)  
USCIS is aware of the issue of duplicate biometrics notices being issued in some cases and has stated that if a duplicate notice is received and the client has already attended an ASC appointment and had biometrics captured, it should not be necessary to attend the second appointment.

9/26/2014 - Call for Examples: Matter of Symantec Denials  
AILA's DOL Liaison Committee is seeking examples of PERM applications that were improperly denied based on non-compliance with 20 CFR §656.17(f) as per the recent BALCA en banc decision Matter of Symantec Corp, 7/30/14. Submit your example today!

9/26/2014 - VSC Stakeholders Newsletter, Summer 2014   (.pdf 834 KB)
Vermont Service Center (VSC) stakeholders newsletter for summer 2014, providing TPS filing tips, a message from VSC Director Laura Zuchowski, a reminder to provide apartment numbers with return addresses, and a reminder of the 10/24/14 VSC stakeholder event.

9/26/2014 - SEVP Draft Guidance on Pathway Programs   (.pdf 579 KB)
ICE Student and Exchange Visitor Program (SEVP) requests feedback on draft policy guidance clarifying for SEVP adjudicators the appropriate adjudication of pathway programs and issuance of Form I-20. SEVP may only certify these programs for F-1 students. Feedback is being accepted until 11/10/14.

9/26/2014 - USCIS Form I-9 Webinar Now Available On-Demand   (.pdf 564 KB)
USCIS published a free Form I-9 webinar in on-demand format. This webinar about how to properly complete the Form I-9 is available anytime and you can choose specific chapters or watch the entire 22 minute video.

9/26/2014 - OSC Settles Immigration-Related Employment Discrimination Claim Against Major Airline   (.pdf 581 KB)
OSC settlement where United Continental Holdings Inc. agreed to pay $215,000 and create a back pay fund, after investigations found it requested lawful permanent residents, but not U.S. citizen employees, to complete additional Forms I-9 and provide additional proof of employment eligibility.

9/26/2014 - Letter to President Obama Opposing Family Detention   (.pdf 784 KB)
On 9/25/14, AILA joined 167 organizations in urging President Obama to close the Artesia and Karnes detention centers and to halt plans to open a new family detention facility in Dilley, Texas.

9/26/2014 - USCIS Office Closings for 2014 (Updated 9/26/14)  
USCIS alert that the Jackson, Mississippi Field Support Office and Application Support Center are closed due to a facility issue.

9/26/2014 - CA6 Rejects BIA’s Narrow Interpretation of §212(h)   (.pdf 547 KB)
The court held that the text of §212(h) is unambiguous and that the bar to seeking a §212(h) waiver of inadmissibility does not apply to persons who adjusted to lawful permanent resident status after having entered into the U.S. by inspection. (Stanovsek v. Holder, 9/24/14)

9/26/2014 - Daily Immigration News Clips – September 26, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 26, 2014.

9/26/2014 - AILA Quicktake #98: DHS Announcements on Family Detention  
AILA President Leslie Holman discusses the two disturbing announcements made this week by ICE and DHS regarding a new family detention facility in Dilley, Texas, and DHS appealing bond decisions for some mothers and children detained in Artesia, NM.

9/25/2014 - Your AILA8 for September 25, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/25/2014 - Register for the October 15 EB-5 Teleconference  
AILA’s first Monthly Conversations with the AILA EB-5 Committee teleconference sold out quickly and answered EB-5 questions from participants. Register now for the October 15 call, sponsored by JuiceBlendz, and get answers to your questions. Registration costs only $15 and is limited.

9/25/2014 - 2014 AILA Ohio and Michigan Chapters Fall Conference  
October 10, 2014
Hilton Garden Inn
Perrysburg, OH
This event is being presented by AILA’s Ohio and Michigan Chapters. This event is not being organized by the AILA National Office.

9/25/2014 - Are You Undercharging for Your Services? Part II  
Last week we discussed how many lawyers limit the value of their own services when discussing fees with clients. So how do you build that confidence to resist the urge to lower your fee? Here are five solutions to help you from deviating from your goal of quoting the fee you know you are worth.

9/25/2014 - NY District USCIS Liaison Inquiry Procedures and Form (2014-15)   (.pdf 482 KB)
Revised NY District USCIS Liaison Inquiry Procedures and Form (2014-15), including rules, directions, and process for requesting liaison assistance.

9/25/2014 - Chicago Chapter – USCIS Chicago Field Office Minutes – Question 7 Updated Response (9/12/14)   (.pdf 475 KB)
Chicago Chapter provides an update on Question 7 from the 9/4/14 AILA Chicago Chapter meeting with the Chicago Field Office. Question is regarding the correction of conditional residence for same-sex couples whose date of marriage is now backdated to the date of a previous civil union.

9/25/2014 - Daily Immigration News Clips – September 25, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 25, 2014.

9/25/2014 - AILA Leadership Blog: A Shameful Chapter in Our History  
AILA Second Vice President Annaluisa Padilla expresses her disappointment in the Administration’s choice to increase family detention capacity with the new facility at Dilley, TX writing, “We should be ashamed of building more prisons for women and children.”

9/24/2014 - Your AILA8 for September 24, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/24/2014 - AILA Seeks Examples of H-1B Cap Cases That Have Not Received a Decision or RFE  
AILA is seeking examples of FY2015 H-1B cap-subject cases that have not received a decision and an RFE has not been issued. Please email reports@aila.org with the applicable case receipt number(s) and the subject line “H-1B Cap Case – No RFE/Decision” by COB on Friday September 26, 2014.

9/24/2014 - CA7 Says Knowledge Exception Argument to Material Support Bar Was Not Preserved   (.pdf 1458 KB)
The court found petitioner failed to preserve his strong argument under §212(a)(3)(B)(iv)(VI) that the BIA erred by assuming that “knowledge of kidnapping and violence is per se sufficient to preclude one from invoking the knowledge exception.” (Khan v. Holder, 9/4/14)

9/24/2014 - DOS Notice with Instructions for Applying to the DV-2016 Program  
DOS notice on how to apply for the Diversity Immigrant (DV-2016) Visa Program. Notice includes information on eligibility, entry period, electronic entry form, selection of applicants, FAQs, and a list of countries/areas by region whose natives are eligible for DV-2016. (79 FR 57172, 9/24/14)

9/24/2014 - BIA Holds California Statutory Rape Not a CIMT  
Unpublished BIA decision holds statutory rape under Cal. Penal Code 261.5(d) is not a CIMT because prosecutors need not show the perpetrator knew or should have known the victim was a minor. Special thanks to IRAC. (Matter of C-A-E-L-, 7/3/14)

9/24/2014 - BIA Issues Decision on Updated Medical Examinations  
Unpublished BIA decision holds respondent was not required to submit an updated medical exam (Form I-693) in support of adjustment application but remands for submission of updated form in light of intervening USCIS guidance. Special thanks to IRAC. (Matter of Teves, 7/1/14)

9/24/2014 - AILA Leadership Blog: Artesia Kaleidoscope  
AILA Member and Artesia Volunteer Marti Jones shares compelling details about her experience working at the Artesia, NM facility writing, “Women and children fleeing violence are refugees, not a national security threat. Imprisoning them is a deeply counter-productive response.”

9/24/2014 - Letter to Vice President Biden on Pro Bono Representation   (.pdf 591 KB)
A 9/19/14 letter from AILA and other legal services organizations urging the Administration to take action to remove impediments to access to counsel for children and families.

9/24/2014 - DOL Alert: iCERT and PERM Unavailable Over Columbus Day Weekend  
DOL alert that all PERM and iCERT System services will be unavailable starting at 9:00PM EST (Friday, October 10th) through at least 9:00PM EST (Saturday, October 11th), barring any unforeseen technical issues.

9/24/2014 - Register for December’s New York Chapter Symposium  
This December 1 conference, to be held in New York City, addresses current issues and problems faced by practitioners in the areas of employment- and family-based immigration, removal, ethics, and law practice management, including issues unique to the Empire State. Register soon.

9/24/2014 - Daily Immigration News Clips – September 24, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 24, 2014.

9/23/2014 - Your AILA8 for September 23, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/23/2014 - AILA: Administration Trying to Drag Mothers and Children Back to Detention  
In response to the Administration appealing bond decisions for some mothers and children released from Artesia, AILA President Leslie Holman stated, “I am utterly outraged by the latest tactics the Obama Administration has used to inflict needless misery on mothers and children seeking asylum.”

9/23/2014 - BIA Says Respondent Is Ineligible for Cancellation of Removal   (.pdf 546 KB)
The BIA held an alien is ineligible for cancellation under INA §240A(b)(1)(C), if he falls within the scope of INA §212(a)(2)(B), for being convicted of two or more offenses for which the aggregate sentences imposed were five years or more. Matter of Pina-Galindo, 26 I&N Dec. 423 (BIA 2014)

9/23/2014 - CBP Requests Feedback About ESTA   (.pdf 931 KB)
CBP announcement that it is currently recruiting focus group participants in eight different countries to provide feedback on the Electronic System for Travel Authorization (ESTA) website redesign effort. In-person registration information included.

9/23/2014 - AILA New Members Division E-News, September 2014 (Vol. 6, Issue 4)  
This latest edition brings you expert practice tips related to representing unaccompanied children, acquiring citizenship at birth and ante-nuptial agreements.

9/23/2014 - ICE to Open Additional Facility in South Texas to House Adults with Children   (.pdf 555 KB)
ICE announcement that it plans to open and operate a new facility in early November in Dilley, Texas to detain adults with children in response to the influx of individuals apprehended along the Southwest border. Facility has capacity for 2,400 individuals.

9/23/2014 - DOS Explanation of Exhaustion of FY2014 Diversity Immigrant Visa Numbers   (.pdf 648 KB)
DOS announcement explaining how exhaustion of the diversity visas (DVs) for FY2014 works. To ensure all of the available DVs are issued, more than 50,000 entries are selected. However, this also means there will not be a sufficient number of diversity visas for all those who are initially selected.

9/23/2014 - Save the Date: Visa Information Service H-2 Visa Forum   (.pdf 550 KB)
Visa Information Service save the date email for an H-2 Visa Forum in Dallas, Texas, on October 22, 2014. Official invitation forthcoming.

9/23/2014 - AILA: Expansion of Family Detention Means the United States Will Jail More Victims of Violence  
AILA President Leslie Holman reacts to confirmation that a massive family detention facility will open in Texas saying, “You can call it a ‘Family Residential Center’ but it is a prison. Dilley will be the largest immigration detention facility nationwide—all for the purpose of jailing families.”

9/23/2014 - USCIS Fraud Detection Standard Operating Procedures   (.pdf 6197 KB)
USCIS Fraud Detection and National Security Directorate’s Standard Operating Procedures (SOP), dated 3/17/11. The purpose of this SOP is to establish procedures that ensure consistent detection, documentation, and prevention of immigration benefit fraud. Obtained through FOIA by Peter Williamson.

9/23/2014 - DOS Instructions for the 2016 Diversity Immigrant Visa Program   (.pdf 762 KB)
DOS instructions for the 2016 Diversity Immigrant Visa Program, including eligibility requirements, instructions for completing the electronic entry form, and FAQs. Entries must be submitted electronically between noon (EDT) on 10/1/14 and noon (EST) on 11/3/14.

9/23/2014 - Register for November’s California Chapters Conference  
California's immigrant population is the nation’s largest, so practicing immigration law in the Golden State can be challenging and at the vanguard of the field. This November 13–15 conference in San Jose addresses trending immigration law topics and issues specific to California. Register soon.

9/23/2014 - Let Your VOICE Be Heard! Write for AILA’s Online Magazine, VOICE: An Immigration Dialogue   (.pdf 638 KB)
Be a part of AILA’s VOICE: An Immigration Dialogue. Want to submit an article for consideration? Have a story idea? Want to share what’s happening in your life for the news about members section? Don’t wait! Contact VOICE at voice@aila.org for more information.

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.

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.

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.

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.

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.

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.

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.

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.

9/22/2014 - AILA's Take on Bond for Detained Families   (.pdf 798 KB)
AILA backgrounder on the Obama Administration’s decision to denying bond to all Central American families being detained.

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)

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)

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.

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)

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.

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.

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)

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.

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.

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.

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.

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.

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.

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.

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)

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.

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.

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.

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.

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)

9/19/2014 - 2014 Visa Reciprocity Changes (Updated 9/19/14)  
DOS updates the visa reciprocity tables, including updated information for Japan.

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.

9/19/2014 - Call for Examples: National Visa Center Issues (Updated 9/19/14)  
AILA is collecting examples where members have experienced issues with the National Visa Center (NVC) within the last six months. Please send us your examples by September 30, 2014.

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)

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)

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.

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.

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.

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.

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.

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.

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.

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)

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.

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.

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.

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.

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)

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)

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)

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.

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.

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