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7/30/2014 - Your AILA8 for July 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.

7/30/2014 - BIA Upholds Finding of Mental Incompetency and Remands for Consideration of Safeguards  
Unpublished BIA decision upholds finding that respondent was mentally incompetent to participate in proceedings but remands to consider appropriateness of safeguards other than administrative closure. Special thanks to IRAC. (Matter of Benitez-Lopez, 5/29/14)

7/30/2014 - BIA Says Testimony Alone Sufficient to Prove Waive-Through at Port of Entry  
Unpublished BIA decision holds credible testimony sufficient to meet respondent’s burden of proving “admission” under Matter of Quilantan by being waived through a port of entry. Special thanks to IRAC. (Matter of Fonseca, 5/27/14)

7/30/2014 - Written Testimony of Leon Rodriguez on Oversight of USCIS   (.pdf 6914 KB)
Written testimony of Leon Rodriguez from a 7/29/14 hearing before the House Judiciary Committee on oversight of USCIS, covering a wide range of topics including the timely adjudication of I-130 immediate relative petitions, L-1A site visits, DACA, EB-5, transformation, and unaccompanied minors.

7/30/2014 - CA8 Says Iowa Tampering With Records Conviction Is Categorically a CIMT   (.pdf 529 KB)
The court upheld the BIA’s conclusion that petitioner’s conviction for tampering with records under Iowa Code §715A.5 was categorically a CIMT, rendering him statutorily ineligible for cancellation of removal. (Villatoro v. Holder, 7/28/14)

7/30/2014 - Call for Questions: Upcoming Meeting with USCIS Field Operations  
The AILA USCIS Field Operations Liaison Committee is in the process of preparing for its fall liaison meeting with USCIS Field Operations, and would like to hear about problems you are experiencing at your local USCIS field office. Responses needed by 8/4/14.

7/30/2014 - CA9 Affirms Government’s Modified Categorical Approach for Controlled Substance Offense   (.pdf 626 KB)
The court held DHS could consider a page in the indictment that described the controlled substance as methamphetamine because the statement was specifically incorporated into petitioner’s plea agreement as the factual basis supporting his guilty plea. (Alvarado v. Holder, 7/23/14)

7/30/2014 - AILA Leadership Blog: Day One in Artesia: Notes from the Front Lines  
In this blog post, AILA Past President Laura Lichter shares her experiences from her first day on the ground in Artesia, the family detention center in New Mexico where several AILA members are offering pro bono services to help detained families navigate the immigration process.

7/30/2014 - DOS Practice Alert: Technical Problems with Passport/Visa System (Updated 7/30/14)  
The DOS Bureau of Consular Affairs is currently experiencing technical problems with its passport/visa system and applicants may experience delays or be unable to obtain a passport, Consular Report of Birth Abroad, or visa at this time. AILA will post additional information as it is available.

7/30/2014 - CA8 Lacks Jurisdiction to Review BIA’s Refusal to Reopen Sua Sponte and MTR Denial   (.pdf 501 KB)
The court found that the publication of Descamps was not the kind of fundamental change in law for which sua sponte reopening was warranted, and also found that it lacked jurisdiction to review the motion to reopen (MTR) denial. (Barajas-Salinas v. Holder, 7/29/14)

7/30/2014 - CA8 Says Conviction for Grand Theft Auto Is Aggravated Felony   (.pdf 526 KB)
The court held the BIA did not err in determining that petitioner’s 1989 conviction for grand theft auto was an aggravated felony, as it found that the conditional probationary 365 day county jail sentence was a term of imprisonment of at least one year. (Hernandez v. Holder, 7/28/14)

7/30/2014 - CRS Flow Chart on Unaccompanied Children   (.pdf 533 KB)
Congressional Research Service (CRS) flow chart on the different agencies that are involved in apprehending, processing, placing, and repatriating unaccompanied alien children.

7/30/2014 - VOICE: July/August 2014  
In the July/August 2014 VOICE, learn about opening a law office abroad, representing witnesses who cooperate with U.S. government officials, using your Agora digital library, visiting Hong Kong for business, and more!

7/30/2014 - USCIS Response to FOIA Appeal Reveals Additional CSC L-1B Denial Templates  
USCIS records released on 7/29/14 in response to AILA’s FOIA appeal requesting California Service Center (CSC) L-1B template letters used to deny L-1B nonimmigrant petitions.

7/30/2014 - Daily Immigration News Clips – July 30, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 30, 2014.

7/30/2014 - USCIS Office Closings for 2014 (Updated 7/30/14)  
USCIS alert that the USCIS Field Office and co-located Application Support Center in Hagatna, Guam are closed today due to Tropical Storm Halong.

7/29/2014 - Your AILA8 for July 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.

7/29/2014 - National Sign-On Letter to House on Supplemental Funding   (.pdf 540 KB)
On 7/29/14 AILA joined 190 other organizations in a sign-on letter to the House urging the passage of a clean supplemental funding bill and opposing changes to the TVPRA that would water down protections for children.

7/29/2014 - National Sign-On Letter on Supplemental Funding   (.pdf 542 KB)
On 7/29/2014 AILA joined over 190 other organizations in a sign on letter to the House and Senate urging the passage of a clean supplemental funding bill and opposing changes to the TVPRA that would water down protections for children.

7/29/2014 - CA7 Applies Chevron Deference to BIA’s Interpretation of INA §240A(b)(1)(C)   (.pdf 635 KB)
The court agreed with the BIA that an alien convicted of an offense under INA §237(a)(2) is ineligible for cancellation under INA §240A(b)(1)(C), regardless of whether he is charged with removal under §212 as an inadmissible alien or §237 as a deportable alien. (Coyomani v. Holder, 7/14/14)

7/29/2014 - Send Us Your Feedback on the May 2013 USCIS EB-5 Adjudications Policy Memorandum  
The AILA EB-5 Committee is soliciting member feedback on issues that the 5/30/13 USCIS EB-5 adjudications policy memorandum leaves unresolved. Responses needed by 08/26/14.

7/29/2014 - Legislation Addressing the Central American Humanitarian Crisis (Updated 7/29/14)  
A round-up of all legislation introduced after June 2014 addressing the humanitarian crisis in Central American and the impact on the southern border of the United States.

7/29/2014 - USCIS Webinar with Overview of USCIS ELIS Document Library for EB-5 Filings   (.pdf 582 KB)
USCIS invitation to an 8/5/14 webinar to demonstrate how the document library functionality works, which will allow regional centers to provide existing investors in new commercial enterprises with electronic copies of documents regarding their investments. Registration limited to 100 registrants.

7/29/2014 - Proposed House and Senate Emergency Appropriations Bills  
In July 2014 the House and Senate Appropriations Committee Chairs, Representative Hal Rogers (R-KY) and Senator Barbara Mikulski (R-MD) respectively, introduced legislation to provide supplemental funding to address the Central American humanitarian crisis impact on the southern border.

7/29/2014 - CA1 Says BIA Did Not Err in Holding Petitioner to Attorney Concessions of Removability   (.pdf 490 KB)
The court found petitioner failed to demonstrate his attorney’s concessions of removability were so egregious as to warrant releasing him from those concessions and the BIA did not err in determining he was removable based upon his 2009 conviction for a CIMT. (Lima v. Holder, 7/8/14)

7/29/2014 - Los Angeles Asylum Office Contact Information List   (.pdf 717 KB)
A list of the contact information of the Los Angeles Asylum Office’s Directors and Supervisors, including the main phone number and public inquiry e-mail.

7/29/2014 - CA4 Affirms Denial of NACARA Relief Due to Persecutor’s Bar   (.pdf 499 KB)
The court found the BIA did not err in ruling the petitioner was ineligible for special rule cancellation of removal under NACARA, as during his service in the Salvadoran military, he assisted in persecution of individuals because of their political views. (Quitanilla v. Holder, 7/14/14)

7/29/2014 - CA7 Applies Camarillo, Says Defective NTA Suffices for Triggering Stop-Time Rule   (.pdf 589 KB)
The court applied Chevron deference and upheld the BIA’s decision in Camarillo that a Notice to Appear (NTA) that does not specify a particular time and date for an initial hearing suffices to trigger the stop-time rule under INA §240A(d)(1). (Wang v. Holder, 7/16/14)

7/29/2014 - AILA/Los Angeles Asylum Office Liaison Meeting Q&As (7/16/14)   (.pdf 970 KB)
The Los Angeles Asylum Office meeting with AILA discussed the following topics: statistics about the asylum application’s volume, NACARA, TVPRA, and credible and reasonable fear interviews. Some clarifications about office procedures and length of the interviews process are also included.

7/29/2014 - CA4 Remands Asylum Denial for Salvadoran Petitioner Fleeing MS-13   (.pdf 506 KB)
The court granted the petition for review and remanded, finding that even though other members of the petitioner’s family may not have been “uniquely or specially targeted” by the MS-13 gang, this fact did not did not undermine petitioner’s own fear of persecution. (Aquino v. Holder, 7/18/14)

7/29/2014 - Hawaii Midyear Conference Open for Registration  
2015 AILA Midyear/Winter CLE Conference, Riding The Waves Of Immigration: Tackling Complex Business Issues When There Is No Guidance, is geared towards the advanced-level business immigration practitioner with a program designed to provide insight into the most challenging issues. Register soon.

7/29/2014 - CRS Report on Legal Issues Surrounding Unaccompanied Alien Children   (.pdf 832 KB)
CRS report including FAQs on the legal issues concerning unaccompanied alien children including the interpretation and interplay of various federal statutes and regulations, administrative and judicial decisions, and settlement agreements pertaining to these immigrant minors.

7/29/2014 - Daily Immigration News Clips – July 29, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 29, 2014.

7/28/2014 - Your AILA8 for July 28, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/28/2014 - AILA on Twitter  
Connect with AILA National and AILA's Executive Director.

7/28/2014 - DOL FAQ on Familial Relationships   (.pdf 481 KB)
DOL FAQ on when an employer should mark “yes” to the Question C.9, “is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and incorporators,” and how to demonstrate the existence of a bona fide job opportunity if the answer is “yes.”

7/28/2014 - DOL FAQ on Where to Enter Foreign Worker Qualifications   (.pdf 481 KB)
DOL FAQ detailing where on the ETA Form 9089 the foreign worker’s qualifications should be indicated to show that he or she meets the actual minimum requirements. FAQ give examples of certifications, licensure, or other credentials that could be provided in Section K.

7/28/2014 - Chicago Chapter – USCIS Chicago Supervisory Assignments (7/22/14)   (.pdf 492 KB)
USCIS Chicago Field Office Supervisory List as of 7/22/14.

7/28/2014 - Chicago Chapter – CBP Chicago Field Office Liaison Minutes (5/2/14)   (.pdf 588 KB)
Chicago Chapter minutes from 5/2/14 liaison meeting with CBP officers at Chicago Field Office. Topics include: personnel changes, I-94 automation and website changes, H-1B visa admissions, Form I-129S review and processing, I-912s, I-913s, pre-flight clearance, deferred inspection, and DACA.

7/28/2014 - Chicago Chapter – USCIS Chicago Field Office Minutes (7/22/14)   (.pdf 2240 KB)
Minutes from a 7/22/14 AILA Chicago Chapter meeting with the Chicago Field Office. Topics include: AOS for K-4 visa entrants who were 18-21 at time of marriage, same sex conditional residents, criteria for acceptance of I-212 at field office, and change of address. Current supervisory list included.

7/28/2014 - Chicago Chapter – List of Applications Accepted for Payment at the USCIS Chicago Field Office (7/7/14)   (.pdf 480 KB)
List of accepted applications for payment at the USCIS Chicago Field Office as of 7/7/14.

7/28/2014 - CA1 Says Denial of Motion to Suppress Records Did Not Violate Statutory Rights   (.pdf 509 KB)
The court upheld the adjustment denial, finding that it was not a violation of petitioner’s statutory rights to deny the motion to suppress the I-9 Forms and educational records, as these documents contained her false statements of U.S. citizenship. (Downs v. Holder, 7/14/14)

7/28/2014 - Chicago Chapter – USCIS Chicago Field Office Minutes (6/24/14)   (.pdf 1519 KB)
Minutes from the 6/24/14 AILA Chicago Chapter meeting with the Chicago Field Office. Topics include: new medical exam guidance, I-212 applications, status inquiries, interview-waiver eligible I-485s, I-485 backlogs, parole in place requests, and I-290B motions due to service error.

7/28/2014 - AILA Amicus Committee Seeks Examples of VAWA Cancellation Denials  
AILA is interested in hearing stories of cases where VAWA cancellation of removal applications have been denied for failure to prove battery or extreme cruelty, especially where this issue was raised in a petition for review to a federal circuit court. Please send examples by 8/22/14.

7/28/2014 - CA1 Declines to Review Withholding Denial for Petitioner from Brazil   (.pdf 472 KB)
The court upheld the BIA’s finding that the petitioner feared harm in Brazil as a result of a personal dispute and not on account of membership in his immediate family or as part of the social group of people who help Brazilian women escape violent relationships. (Moura v. Holder, 7/14/14)

7/28/2014 - Wisconsin Chapter – Office of Chief Counsel (OCC) of Chicago Liaison Minutes (11/6/13)   (.pdf 502 KB)
Wisconsin Chapter’s minutes from 11/6/13 liaison meeting with the Office of Chief Counsel of Chicago and AILA’s Chicago, Indiana, and Wisconsin Chapters. Topics include: staffing, fingerprinting, prosecutorial discretion, e-filing, provisional waivers, unaccompanied minors, and eService.

7/28/2014 - Wisconsin Chapter – USCIS Milwaukee Field Office Liaison Minutes (5/30/14)   (.pdf 465 KB)
Wisconsin Chapter minutes from liaison meeting with USCIS Milwaukee Field Office on 5/30/14. Topics include: biometrics appointments, CIV program, transfer of I-130 petitions to local offices due to DACA overflow, I-485 processing, USCIS attorney email inquiry account, and parole in place.

7/28/2014 - Colorado Chapter USCIS Liaison Minutes (5/22/14)   (.pdf 542 KB)
Minutes from Colorado Chapter’s 5/22/14 liaison meeting with USCIS Denver Field Office. Topics included: policy for filing attorney and non-attorney complaints, naturalization biometrics and interviews, interpreter access, supervisor intervention, and three and ten year unlawful presence bars.

7/28/2014 - AILA Liaison Notes from Teleconference with USCIS Customer Service (5/30/14)   (.pdf 572 KB)
AILA notes from a 5/30/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, NCSC, Secure Mail Initiative, inaccurate information on online case status system (CRIS), and SRMT issues.

7/28/2014 - AILA Liaison Notes from Teleconference with USCIS Customer Service (2/21/14)   (.pdf 527 KB)
AILA notes from a 2/21/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, online processing times, Secure Mail Initiative, CRIS, and premium processing receipt dates.

7/28/2014 - CA7 Vacates And Remands, Says BIA Did Not Properly Apply Silva-Trevino   (.pdf 652 KB)
The court found the BIA did not properly apply the Silva-Trevino framework in determining that any portion of knowingly or intentionally failing to stop after causing injury under §9-26-1-8 of the Indiana statute categorically qualified as a CIMT. (Sanchez v. Holder, 7/9/14)

7/28/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

7/28/2014 - AILA Resources on the Central American Humanitarian Crisis (Updated 7/28/14)  
AILA resources on the surge of unaccompanied minor children and families along the southern border in response to the regional humanitarian crisis in Central America.

7/28/2014 - Daily Immigration News Clips – July 28, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 28, 2014.

7/28/2014 - CA1 Finds Activity Before and After Marriage Is Relevant to Good Faith Inquiry   (.pdf 472 KB)
The court found that the petitioner, who applied for a waiver to remove conditions after her divorce, failed to meet the good faith burden, as activity before and after the moment of marriage was relevant to the inquiry. (Lin v. Holder, 7/14/14)

7/25/2014 - AILA Pro Bono Heroes Recognition Program (Updated 7/25/14)  
AILA's National Pro Bono Services Committee presents a quarterly Pro Bono Heroes recognition program. Each quarter, a different category of person/organization exemplifying the professional values of pro bono immigration legal work is profiled. Nominations now open!

7/25/2014 - Your AILA8 for July 25, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/25/2014 - EB-5 Alert: CCTV Accusations against Bank of China—and Potential Impact on EB-5 Investors  
AILA EB-5 Liaison Committee alert that CCTV recently issued a report, which has since been withdrawn, accusing the Bank of China of acting inappropriately in providing services to aid wealthy Chinese citizens in converting very large sums of currency and transferring them abroad.

7/25/2014 - BIA Withdraws from Lanferman, Citing Descamps   (.pdf 599 KB)
The BIA held that it did not have authority to continue to apply the divisibility analysis used in Lanferman and found respondent was not removable due to an aggravated felony but was removable due to his firearms conviction. Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014)

7/25/2014 - NAIJ Letter to Senate Leadership on Juveniles in Immigration Courts   (.pdf 737 KB)
A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Majority Leader Harry Reid and Minority Leader Mitch McConnell on the unique concerns and protections that should be afforded juveniles in immigration courts.

7/25/2014 - NAIJ Letter to House Leadership on Juveniles in Immigration Courts   (.pdf 724 KB)
A 7/22/14 letter from the National Association of Immigration Judges (NAIJ) to Speaker John Boehner and Democratic leader Nancy Pelosi on juveniles in immigration courts, stating that children and juveniles are a vulnerable population with special needs under the judicial system.

7/25/2014 - BIA Holds Iowa Delivery of Marijuana Not an Aggravated Felony  
Unpublished BIA decision holds delivery of marijuana under Iowa Code 124.401(1)(d) is not a drug trafficking aggravated felony under Moncrieffe v. Holder. Special thanks to IRAC. (Matter of Telesford, 5/27/14)

7/25/2014 - Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America (Updated 7/25/14)  
A compilation of both AILA resources and other organization resources to help attorneys provide pro bono legal services in the United States to unaccompanied children and families affected by the Central American Humanitarian Crisis.

7/25/2014 - Information Guide on Traveling to Artesia, New Mexico   (.pdf 547 KB)
Prepared by AILA’s Practice & Professionalism Center for individuals traveling to Artesia, New Mexico to help in the Central American humanitarian crisis. This document includes general information about Artesia, flight costs, accommodations, and temporary office space.

7/25/2014 - AILA EB-5 Alert: BEA Update on RIMS II and Impact on EB-5 Job Models  
AILA EB-5 Liaison Committee provides a practice alert on the U.S. Bureau of Economic Analysis’s (BEA) plan to update the original RIMS II model. The committee advises members who counsel regional centers to urge their clients to investigate the impact of RIMS II changes with a qualified economist.

7/25/2014 - Special Member Update: Response to Central American Humanitarian Crisis (Updated 7/25/14)   (.pdf 606 KB)
AILA National has been coordinating efforts to effect change on the UAC humanitarian crisis through liaison, legislative, and policy channels, as well as coordinating a pro bono response. This update is on what we know, what actions we are continuing to pursue, and how you can get involved.

7/25/2014 - 2014 AILA Colorado Chapter Rocky Mountain Immigration Law Update (Update 7/25/14)  
October 16-17, 2014
Embassy Suites Denver
Denver, CO
This event is being presented by AILA’s Colorado Chapter. This event is not being organized by the AILA National Office.

7/25/2014 - 2014 AILA Texas Chapter Fall Conference   (.pdf 255 KB)
November 7-8, 2014
Playa del Carmen, Mexico
This event is being presented by AILA’s Texas Chapter. This event is not being organized by the AILA National Office.

7/25/2014 - Daily Immigration News Clips – July 25, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 25, 2014.

7/24/2014 - CRS Report on DREAMers, Higher Education, In-State Tuition, and Financial Aid   (.pdf 781 KB)
CRS report with a legal analysis of unlawfully present individuals’ eligibility for higher education, in-state tuition, and financial aid. Report includes summary of legal protections and information on state restrictions as well as state measures granting access.

7/24/2014 - AILA: Artesia Detention Center a Due Process Failure  
Following a visit to the Artesia detention facility this week and observing severe due process violations, AILA calls for the suspension of all deportations from the facility until fundamental improvements can be made.

7/24/2014 - AILA Quicktake #91: The Artesia Experience  
Olsi Vrapi, AILA member and managing partner of Noble & Vrapi, joins us via Skype to discuss his experience at Artesia, a family detention center located in New Mexico set up to house families from Central America. For AILA resources on the border crisis, go to www.aila.org/uac.

7/24/2014 - AILA: House Republican Plan Will Endanger Children Fleeing Violence and Persecution  
AILA’s President Leslie Holman discusses the House Republican plan to address the humanitarian crisis at the southern border as a plan that, “will harm vulnerable child victims of violence.”

7/24/2014 - What’s In a Headshot? Five Tips for a Great Headshot  
Take a look at your picture from your LinkedIn profile, your website’s About Me page, or a recent article you submitted to the news editor—is this the picture you want the whole world to see? It’s probably a decent picture, but is it a great picture? Here are five tips for a great headshot.

7/24/2014 - DOL Statistics on H-2As from FY2014 Third Quarter (6/30/14)   (.pdf 532 KB)
DOL’s OFLC statistics on H-2As as of 6/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.

7/24/2014 - DOL Statistics on H-1Bs from FY2014 Third Quarter (6/30/14)   (.pdf 548 KB)
DOL’s OFLC statistics on H-1Bs as of 6/30/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.

7/24/2014 - DOL Statistics on PWDs from FY2014 Third Quarter (6/30/14)   (.pdf 538 KB)
DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 6/30/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.

7/24/2014 - DOL Statistics on PERM Program from Third Quarter of FY2014 (6/30/14)   (.pdf 535 KB)
DOL’s OFLC statistics on the PERM program as of 6/30/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied and withdrawn applications.

7/24/2014 - DOL iCERT Quick Start Guide   (.pdf 803 KB)
DOL iCERT Quick Start guide for external users, dated 7/23/14, with information and instructions on the new enhanced password requirements.

7/24/2014 - Daily Immigration News Clips – July 24, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 24, 2014.

7/24/2014 - DOL Alert: New iCERT Password Requirements   (.pdf 482 KB)
DOL posted an alert on iCERT that as of 7/18/14, new password requirements for enhanced security were implemented. Within the next 90 calendar days, all iCERT users will be required to create new passwords that meet the new password requirements.

7/24/2014 - DOS Telephone List of Key Officers (Updated 7/24/14)   (.pdf 806 KB)
Unclassified list of key Department of State officers current as of 7/7/14.

7/24/2014 - DOS Organizational Directory Telephone List (Updated 7/24/14)   (.pdf 795 KB)
Unclassified Organizational Telephone Directory of the Department of State current as of 7/22/14.

7/24/2014 - DOL Alert: iCERT LCA Courtesy E-mails Not Being Sent   (.pdf 483 KB)
DOL posted an alert on iCERT that due to technical difficulties, LCA courtesy e-mails are not being sent. OFLC is working to resolve the issue as quickly as possible.

7/23/2014 - H.R. 5137 - The Asylum Reform and Border Protection Act (Updated 7/23/14)  
On 7/17/14 Representatives Goodlatte (R-VA) and Chaffetz (R-UT) introduced H.R. 5137, the Asylum Reform and Border Protection Act to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”

7/23/2014 - Speaker Boehner Letter to President Obama on TPVRA   (.pdf 550 KB)
A 7/23/14 letter from Speaker Boehner (R-OH) to President Obama arguing that it will be difficult to make “progress on this issue without strong, public support from the White House for much-needed reforms, including changes to the 2008 [TVPRA] law.”

7/23/2014 - Your AILA8 for July 23, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/23/2014 - CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony   (.pdf 493 KB)
The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann v. Holder, 7/14/14)

7/23/2014 - CA1 Declines to Review Adjustment Denial for Lack of Jurisdiction   (.pdf 495 KB)
The court dismissed for lack of jurisdiction, finding the IJ properly exercised her discretion in denying the adjustment application, considering the child abuse reports and a criminal charge, and petitioner presented no legal argument to undermine that result. (Jaquez v. Holder, 7/15/14)

7/23/2014 - House GOP Working Group Recommendations on Humanitarian Crisis   (.pdf 501 KB)
Recommendations of the Republican working group assembled by Speaker Boehner (R-OH) and led by Rep. Kay Granger (R-TX) in response to the humanitarian crisis in Central America.

7/23/2014 - CA1 Finds Salvadoran Petitioner Failed to Show Causation in Asylum Claim   (.pdf 469 KB)
The court found that although the nuclear family can be a social group that is the target of persecution, the petitioner, a mother of three sons resisting gang violence in El Salvador, failed to show she would be persecuted as a result of her kinship. (Constanza v. Holder, 7/9/14)

7/23/2014 - Unaccompanied Children Legal Call to Action (Updated 7/23/14)  
AILA is seeking members who may be willing (but not obligated) to provide pro bono legal services to unaccompanied children at the southern border, once the specific legal process and need for lawyers becomes clearer.

7/23/2014 - Daily Immigration News Clips – July 23, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 23, 2014.

7/23/2014 - AILA Talking Points on H.R. 5137 (Goodlatte UAC Bill)   (.pdf 680 KB)
AILA talking points on H.R. 5137, the “Asylum Reform and Border Protection Act,” by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill dismantles nearly every humanitarian protection available for vulnerable children and will send thousands back to dangerous conditions from which they fled.

7/23/2014 - CBP Request for Comments on Improving Entry Process for International Travelers to the U.S.  
CBP notice for comments on President Obama’s 5/22/14 request for the enhancement of the entry process for international travelers to the U.S. by expediting the arrivals process. Notice includes specific questions CBP is looking for input on. Comments are due by 8/15/14. (79 FR 42503, 7/22/14)

7/23/2014 - USCIS Comment Request on Form I-907  
USCIS 60-day notice of request for comments on proposed revisions to Form I-907, Application for Premium Processing Service. Comments are due by 9/22/14. (79 FR 42523, 7/22/14)

7/23/2014 - DOJ Remarks on Human Smuggling Along the Southwest Border   (.pdf 515 KB)
DOJ remarks from a DHS press conference on smuggling along the southwest border and joint law enforcement efforts to investigate and prosecute human smugglers. DOJ is prioritizing cases involving smuggling and transporting undocumented individuals and has charged almost 3,000 defendants in FY2013.

7/23/2014 - ICE Announces 192 Criminal Arrests for Human Smuggling in Rio Grande Valley   (.pdf 565 KB)
ICE press release announcing that as part of ICE’s ongoing operations to crack down on human smuggling in the Rio Grande Valley, 192 smugglers and their associates have been arrested on criminal charges since 6/23/14.

7/23/2014 - USCIS Invitation to Teleconference on Employee Rights and Other Key Topics   (.pdf 581 KB)
USCIS invitation to an 8/7/14 teleconference to discuss employee rights and verification, and other key topics, including DACA, the unauthorized practice of immigration law, and multilingual materials and outreach.

7/23/2014 - AILA Comments on BLS Revisions to Standard Occupational Classifications   (.pdf 594 KB)
AILA’s comments in response to the Bureau of Labor Statistics’ (BLS) 2018 revisions to the Standard Occupational Classifications (SOC), including comments on occupations that should be added, occupational descriptions, requirements that should be updated or changed, and related issues.

7/22/2014 - NRC Practice Pointer: FOIA Requests for Form I-130 (Updated 7/22/14)  
The USCIS National Records Center (NRC) has confirmed that for a FOIA request seeking a complete (unredacted) copy of Form I-130, Petition for Alien Relative, a G-28 and/or consent must be completed by both the petitioner and beneficiary of the petition.

7/22/2014 - Your AILA8 for July 22, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/22/2014 - The Categorical Approach After Moncrieffe and Descamps  
VOICE is on a brief hiatus until next week. Meanwhile, enjoy one of VOICE’s popular stories from the March issue, where AILA member Mary Kramer analyzes Moncrieffe and Descamps to shed light on the categorical approach to classifying crimes.

7/22/2014 - Consumer Alert on DACA Renewals  
Consumer alert available in English and Spanish about renewing Deferred Action grants and avoiding notarios—please share widely!

7/22/2014 - Sign-on Letter to Senate Appropriations on Counsel for Children   (.pdf 589 KB)
On 7/22/14, AILA joined 48 organizations in a sign-on letter to the Senate Appropriations Committee on the need for adequate funding for legal representation for all children.

7/22/2014 - AILA CO Chapter and RMAIN PowerPoint: Representing UACs in Immigration Proceedings   (.pdf 1441 KB)
A 7/16/14 PowerPoint prepared by the AILA Colorado chapter and the Rocky Mountain Immigrant Advocacy Network (RMAIN) to accompany their in-person training on representing unaccompanied children.

7/22/2014 - DOS 30-Day Notice for Comments on Medical Examination for Immigrant or Refugee Applicant  
DOS 30-day notice for comments on Medical Examination for Immigrant or Refugee Applicant. Comments are due by 8/20/14. (79 FR 42391, 7/21/14)

7/22/2014 - DOS 30-Day Notice for Comments on DS-2019  
DOS 30-day notice for comments on SEVIS Form DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-non-immigrant). Changes include what fields are optional/required and adding the exchange visitor’s mailing and physical addresses. Comments are due 8/20/14. (79 FR 42392, 7/21/14)

7/22/2014 - FY2014 H-2B Cap Count (Updated 7/22/14)  
As of 7/18/14, USCIS receipted 26,015 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 24,769 approved and 1,246 pending beneficiaries. Information on the first half of FY2015 is also available.

7/22/2014 - USCIS Policy Memo on Adjudication of H-1Bs for Nursing Positions   (.pdf 512 KB)
USCIS policy memo with guidance on the adjudication of H-1B petitions for nursing positions, including situations where an advanced practice registered nurse would qualify for an H-1B and what types of evidence could demonstrate specialty occupation. This memo supersedes any prior guidance.

7/22/2014 - USCIS Invitation to Webinar on Form I-526 in ELIS and the EB-5 Document Library   (.pdf 584 KB)
USCIS invitation to the 7/30/14 webinar on the usability and functionality of Form I-526, Immigrant Petition by Alien Entrepreneur, in USCIS Electronic Immigration System (ELIS) and the EB-5 document library.

7/22/2014 - 2014 Visa Reciprocity Changes (Updated 7/22/14)  
DOS updates the visa reciprocity tables, including updated information for Belarus, Peru, and Vietnam.

7/22/2014 - Daily Immigration News Clips – July 22, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 22, 2014.

7/21/2014 - BIA Holds New York Fourth Degree Arson Not a CIMT  
Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)

7/21/2014 - BIA Says New I-751 Need Not Be Filed in Removal Proceedings  
Unpublished BIA decision holds IJ erred in finding respondent abandoned his I-751, saying he should have relied on joint petition denied by USCIS. Special thanks to IRAC. (Matter of Godke, 5/16/14)

7/21/2014 - Section-by-Section of Goodlatte H.R. 5137 (Goodlatte UAC Bill)   (.pdf 703 KB)
An AILA section-by-section of H.R. 5137, the “Asylum Reform and Border Protection Act,” introduced by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill seeks to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”

7/21/2014 - BIA Says No Need to Spend 10-Year Bar Under INA §212(a)(9)(A)(ii) Outside the U.S.   (.pdf 707 KB)
Unpublished BIA decision finding that respondent was not inadmissible under INA §212(a)(9)(A)(ii) and therefore, did not require an I-212 waiver, since more than 10 years had passed since the time he was ordered removed in 2002, even though he reentered in 2006. Courtesy of Araceli Perez-Brizo.

7/21/2014 - AILA Leadership Blog: America’s Leaders Are Failing the Children  
In this blog post, AILA Media-Advocacy Committee Member Dree Collopy describes legislation that is “anything but humane” in addressing a crisis that is one of our country’s “greatest moral challenges in years: how will we treat the migrant children fleeing violence in Central America?”

7/21/2014 - Your AILA8 for July 21, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/21/2014 - BIA Quashes Subpoena as Overbroad  
Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)

7/21/2014 - OCAHO Topical Index of Cases (Updated July 2014)   (.pdf 1785 KB)
Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in July 2014.

7/21/2014 - Daily Immigration News Clips – July 21, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 21, 2014.

7/21/2014 - Practice Alert: VSC Urges Prompt RFE Response on H-1B Cap Cases  
During a recent telephone conference between the AILA VSC Liaison Committee and senior staff at the VSC, the VSC communicated its goal of adjudicating all FY2015 H-1B cap petitions by mid-August. As such, AILA reminds members to respond as soon as possible to H-1B cap case RFEs.

7/21/2014 - CA6 Says TVPRA Does Not Apply to Former Unaccompanied Minors   (.pdf 539 KB)
The court held that the IJ had the authority to review the asylum claim, finding the Trafficking Victims Protection Reauthorization Act (TVPRA) did not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to USCIS. (Harmon v. Holder, 7/10/14)

7/21/2014 - USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting   (.pdf 533 KB)
USCIS invitation to the 8/11/14 Asylum Division quarterly stakeholder meeting. The Asylum Division will provide updates and statistics and will be available to answer questions. Interested parties may participate in this event in person only.

7/21/2014 - EB-5 Conference Early-Bird Pricing Ends This Thursday  
Don’t miss AILA’s August 22-23 EB-5 CLE conference in Chicago, featuring over a dozen panels offering “how to” and advanced information, networking opportunities, and access to exhibitors critical to success in the EB-5 practice area. Register by Thursday, July 24 for the lowest rate.

7/18/2014 - AILA Comments on USCIS Proposed Changes to Forms G-28 and G-28I   (.pdf 729 KB)
AILA’s comments in response to USCIS’s proposed changes to Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative and Form G-28I, Notice of Entry of Appearance as Attorney in Matters outside the Geographical Confines of the United States.

7/18/2014 - BIA Says IJs Must Explain Appeal Waiver is Irrevocable  
Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)

7/18/2014 - EB-5 Processing Time Report (7/17/14)   (.pdf 548 KB)
EB-5 Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.

7/18/2014 - National Benefits Center Processing Time Report (7/17/14)   (.pdf 556 KB)
NBC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.

7/18/2014 - Vermont Service Center Processing Time Report (7/17/14)   (.pdf 620 KB)
VSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.

7/18/2014 - Texas Service Center Processing Time Report (7/17/14)   (.pdf 599 KB)
TSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.

7/18/2014 - Nebraska Service Center Processing Time Report (7/17/14)   (.pdf 602 KB)
NSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.

7/18/2014 - California Service Center Processing Time Report (7/17/14)   (.pdf 628 KB)
TSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.

7/18/2014 - Anti-Notario Radio PSAs in English and Spanish  
AILA members are encouraged to share these radio PSAs (available in English and Spanish) with local radio outlets; the PSAs emphasize the importance of avoiding notarios and the importance of speaking to licensed immigration practitioners.

7/18/2014 - AILA: Terrible Legislation Would Shred Protections for Children Seeking Refuge  
AILA’s President Leslie Holman describes two recently introduced bills relating to unaccompanied children that would “essentially gut the protections currently afforded children who may be trafficking victims or are fleeing untenable violence.”

7/18/2014 - NSC Liaison Q&As from Refugee/Asylees Product Line Teleconference (7/10/14)   (.pdf 486 KB)
The NSC Liaison Committee’s unofficial Q&As from stakeholder teleconference with NSC on 7/10/14. Topics included: employment authorization and adjustment of status for asylees and refugees, I-730 issues, G-28s for I-601A waivers, NSC policies on extreme hardship evidence RFEs, and TRIG updates.

7/18/2014 - DACA Renewal Print PSAs  
AILA has developed three PSAs in both English and Spanish emphasizing the importance of renewing DACA grants in a timely fashion and to avoid notarios; we encourage AILA members and stakeholders to share these free resources widely.

7/18/2014 - Daily Immigration News Clips – July 18, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 18, 2014.

7/18/2014 - DOL TEGL on DACA Recipient Eligibility for DOL Programs   (.pdf 683 KB)
DOL Training and Employment Guidance Letter (TELG) No. 02-14 provides guidance to states and recipients concerning the eligibility of individuals granted relief under DACA with employment authorization for program eligibility for Workforce Investment Act and Wagner-Peyser Act programs.

7/18/2014 - USCIS Policy Memo on Custody and Residency Requirements for Abused Adopted Children   (.pdf 958 KB)
USCIS policy memorandum providing guidance to USCIS officers in adjudicating Form I-360, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. This memo revises Chapter 21.14 of the AFM and AFM update AD 13-15 and rescinds PM-602-0089.

7/18/2014 - AIM: The Pro Bono Challenge  
In July's Interview of the Month, we're joined by AILA member and 2014 Michael Maggio Memorial Pro Bono Award honoree Diane Chappell-Daly to discuss her experience in developing pro bono clinics in her community.

7/17/2014 - New Mexico Supreme Court Declines to Follow Chaidez   (.pdf 480 KB)
The court declined to follow Chaidez v. U.S., holding that the requirement that defense attorneys advise noncitizens of the immigration consequences of their guilty pleas applied retroactively in the state of New Mexico. (Ramirez v. New Mexico, 6/19/14)

7/17/2014 - Your AILA8 for July 17, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/17/2014 - AILA Quicktake #90: Legislative Update on Unaccompanied Minors  
AILA's Advocacy Director Greg Chen updates on the progress of the President's supplemental in Congress and discusses the proposed bill by Republican Sen. John Cornyn and Democratic Rep. Henry Cuellar that would make it easier to deport unaccompanied migrant children to their home countries.

7/17/2014 - AILA MN/Dakotas Letter to Sens. Franken and Klobuchar on UACs   (.pdf 610 KB)
A 7/16/14 sign-on letter from AILA Minnesota/Dakotas Chapter and 36 other Minnesota-based organizations to Minnesotan Senators Klobuchar and Franken urging them to oppose any plans to expedite the deportation of Central American children, or lessen protections included in the TVPRA.

7/17/2014 - District Court Says Those Subject to INA §236(c) Must be Apprehended Immediately   (.pdf 673 KB)
The court found that the practice of imposing mandatory detention to individuals who committed an offense enumerated at INA §236(c)(1)(A)-(D) , but who were not apprehended immediately “when released” from state custody, violated the plain language of §236(c). (Preap v. Johnson, 5/15/14).

7/17/2014 - How to Write Documents So Others Will Understand  
How can we know if our writing is at our intended audience’s level? Microsoft Word has the ability to check not only spelling and grammar, but also writing complexity. Implement this hard-to-find but easy-to-use function in this practice success tip.

7/17/2014 - OCAHO Reassesses Penalties for Restaurant with Knowing Hire and Paperwork Violations   (.pdf 6499 KB)
OCAHO final decision adjusted proposed penalties by increasing the knowing hire penalty, stating that this violation is virtually never done in good faith, but lowering the penalties for paperwork violations as they appeared disproportionate. (U.S. v. Jalisco’o Bar and Grill, Inc., 6/27/14)

7/17/2014 - USCIS Comment Request on Form I-212  
USCIS 60-day notice for comments on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. Revised Form and Instructions are included. Comments are due by 9/15/14. (79 FR 41585, 7/16/14)

7/17/2014 - BIA Says Mental Health Should Not Be Considered in “Particularly Serious Crime” Analysis   (.pdf 522 KB)
The BIA held that a noncitizen’s mental health is not a factor to be considered in assessing whether he or she has been convicted of a particularly serious crime under INA §241(b)(3)(B). Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014)

7/17/2014 - Daily Immigration News Clips – July 17, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 17, 2014.

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