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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AILA EB-5 Liaison Committee alert that CCTV recently issued a report, which has since been withdrawn, accusing the Bank of China of acting inappropriately in providing services to aid wealthy Chinese citizens in converting very large sums of currency and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Unpublished BIA decision holds delivery of marijuana under Iowa Code 124.401(1)(d) is not a drug trafficking aggravated felony under Moncrieffe v. Holder.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 - 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 - DOS Practice Alert: Technical Problems with Passport/Visa System  
The DOS Bureau of Consular Affairs is currently experiencing technical problems with its passport/visa system and applicants may experience delays or be unable to obtain a passport, Consular Report of Birth Abroad, or visa at this time. AILA will post additional information as it is available.

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 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 - Legislation Addressing the Central American Humanitarian Crisis (Updated 7/23/14)  
A round-up of all legislation introduced after June 2014 addressing the humanitarian crisis in Central American and the impact on the southern border of the United States.

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 - AILA Resources on the Central American Humanitarian Crisis (Updated 7/22/14)  
AILA resources on the surge of unaccompanied minor children and families along the southern border in response to the regional humanitarian crisis in Central America.

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 - Share Your Annual Conference Ideas by July 28, 2014  
Share your suggestions for topics to address, speakers to consider, and preferred presentation formats for the 2015 Annual Conference. Your contribution helps ensure that the quality of next year’s event continues the long tradition of excellence.

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

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 - Share Your Annual Conference Ideas by July 28  
Share your suggestions for topics to address, speakers to consider, and preferred presentation formats for the 2015 Annual Conference. Your contribution helps ensure that the quality of next year’s event continues the long tradition of excellence.

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

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

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 Office Closings for 2014 (Updated 7/18/14)  
USCIS alert that the Fresno Field Office is closed today due to a facility issue.

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.

7/16/2014 - Rep. Cuellar (D-TX) and Sen. Cornyn (R-TX) HUMANE Act  
On 7/16/14, Senator Cornyn (R-TX) and Representative Cuellar (D-TX) introduced the “Helping Unaccompanied Minors and Alleviating National Emergency (HUMANE)” Act.

7/16/2014 - Your AILA8 for July 16, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/16/2014 - BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal   (.pdf 614 KB)
Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.

7/16/2014 - Take Action (7/16/14)  
Make your voice heard for immigration reform! With AILA’s easy to use tool you can send emails to your elected officials in seconds on the issues that matter most to you. This page will be update frequently with action items, so check back often. This tool is for all to use so please share widely.

7/16/2014 - BIA Terminates Proceedings After Criminal Judge Clarifies Sentence  
Unpublished BIA decision terminates proceedings after taking administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. Special thanks to IRAC. (Matter of Ruela, 5/5/14)

7/16/2014 - BIA Orders Consideration of Eligibility for Provisional Waiver  
Unpublished BIA decision remands record for consideration of request for administrative closure and eligibility for unlawful presence waiver. Special thanks to IRAC. (Matter of Ayebae, 5/1/14)

7/16/2014 - USCIS July 2014 Webinar Schedule for E-Verify and Self Check   (.pdf 706 KB)
USCIS invitation to the July 2014 webinars on the employment eligibility verification process, with webinars on Form I-9, E-Verify, E-Verify for existing users, E-Verify for federal contractors, Self Check, and employee rights.

7/16/2014 - DOS Notice of Designation of United Self-Defense Forces of Colombia as a Foreign Terrorist Organization  
DOS notice of the determination of United Self-Defense Forces of Colombia (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 41349, 7/15/14)

7/16/2014 - Call to All AILA Members: Questions Sought for 8/14/14 NSC Stakeholder Teleconference  
The NSC Liaison Committee requests questions for an upcoming stakeholder teleconference with NSC on students, schools, and other issues. Please send non-case specific items by end of business on 7/28/14.

7/16/2014 - CRS Report with FAQs on Legal Issues of UACs   (.pdf 820 KB)
Congressional Research Service (CRS) report with FAQs on the legal issues surrounding the unaccompanied alien children (UAC) crisis, including difference between UACs and special immigrant juvenile status, the Flores settlement, custody issues, and rights of UACs.

7/16/2014 - CRS Report on Potential Factors Contributing to Recent UAC Humanitarian Crisis   (.pdf 932 KB)
Congressional Research Service (CRS) report on potential factors, including conditions in Central America and factors within the U.S., that are contributing to the recent unaccompanied child humanitarian crisis.

7/16/2014 - CIS Ombudsman Teleconference on 2014 Annual Report to Congress   (.pdf 512 KB)
CIS Ombudsman’s Office invitation to a 7/30/14 teleconference on the 2014 Annual Report to Congress, which summarized the most “pervasive and serious problems” encountered by individuals and employers applying for immigration benefits.

7/16/2014 - DOS/DHS Report on Iraqi Special Immigrant Visa Program   (.pdf 1092 KB)
Joint DOS/DHS quarterly report on the status of the Iraqi Special Immigrant Visa (SIV) Program. Report includes outline of processing steps with average wait times, number of applications pending at each step of the process, and number of applicants for FY2013. Also includes reasons for denials.

7/16/2014 - BIA Asks IJ to Consider Loss of Income from Both Parents if One Parent Is Removed   (.pdf 564 KB)
Unpublished BIA decision remanding cancellation denial, finding IJ did not consider the fact that child’s mother works in respondent’s janitorial business, and did not consider financial impact of loss of income from both parents, as a result of his removal. Courtesy of Diana M. Bailey.

7/16/2014 - Talking Points on Proposals to Roll Back TVPRA Protections for UACs (Updated 7/16/14)   (.pdf 809 KB)
Talking Points on why Congress should not roll back protections for unaccompanied children from non-contiguous countries guaranteed under the TVPRA. Authored by the Women’s Refugee Commission, First Focus Campaign for Children, The Voices and Faces Protect and AILA.

7/16/2014 - Frustrating Government Conduct Involving An I-130 Case  
VOICE is on a brief hiatus until the end of July. Meanwhile, enjoy one of VOICE’s popular stories from the May issue, where the late AILA member Michael Friedberg discusses his frustration with one of his ultimately successful cases involving allegations of marriage fraud.

7/16/2014 - USCIS Demographics of DACA Applicants Since 8/15/12   (.pdf 4569 KB)
USCIS data on the characteristics of individuals requesting and approved for Deferred Action for Childhood Arrivals (DACA) since the implementation of the program on 8/15/12, including age group, sex, country of birth, marital status, and geographic location at time of filing.

7/16/2014 - DOS Statistics on Iraqi and Afghan Translator Visas   (.pdf 1161 KB)
DOS statistics for FY2007 through FY2014 on Iraqi and Afghan translator visa usage under the Special Immigrant Visa program.

7/16/2014 - DOS Statistics on Iraqis and Afghans Special Immigrant Cases Converted Under Section 1244   (.pdf 141 KB)
DOS statistics for FY2008 through FY2014 on Iraqis and Afghans employed by or on behalf of the U.S. government and special immigrant cases converted under Section 1244.

7/16/2014 - DOS/DHS Report on Afghan Special Immigrant Visa Program   (.pdf 1093 KB)
Joint DOS/DHS quarterly report on the status of the Afghan Special Immigrant Visa (SIV) Program. Report includes outline of processing steps with average wait times, number of applications pending at each step of the process, and number of applicants for FY2013. Also includes reasons for denials.

7/16/2014 - Daily Immigration News Clips – July 16, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 16, 2014.

7/16/2014 - USCIS Response to Ombudsman Recommendation on Employment Eligibility for Conrad State 30 Derivatives   (.pdf 584 KB)
USCIS response to CIS Ombudsman recommendation on employment eligibility for derivatives of Conrad State 30 J-1 physicians. USCIS is open to J-2 dependents engaging in employment while in H-4 status, but does not agree that J-2 derivatives may change to an employment-authorized nonimmigrant status.

7/16/2014 - DOS Cable on Revised Reciprocity Fee Schedule for Belarus   (.pdf 458 KB)
DOS cable, effective immediately, with a revised reciprocity fee schedule for Belarus, for various nonimmigrant visa categories. All visa validities for nationals of Belarus will remain unchanged.

7/15/2014 - Your AILA8 for July 15, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

7/15/2014 - DHS 2014 Quadrennial Homeland Security Review   (.pdf 9969 KB)
DHS 2014 Quadrennial Homeland Security review, including a section on immigration and the statement, “We support common-sense immigration reform legislation that provides an earned pathway to citizenship for the estimated 11.5 million undocumented immigrants in this country.”

7/15/2014 - NSC Invitation to Stakeholder Call on Students and Schools and Other Issues  
NSC invitation to an 8/14/14 stakeholder call on student and schools and “other” issues. Call-in information will be provided closer to the date of the teleconference.

7/15/2014 - National Sign-on Letter Opposing Family Detention   (.pdf 520 KB)
On 7/7/14 AILA joined over 100 other organizations in a sign-on letter to President Obama urging him to end plans to open new immigrant detention centers for families.

7/15/2014 - AILA NY Letter to Sen. Schumer on UACs   (.pdf 514 KB)
A 7/15/14 letter from the AILA New York Chapter and the New York Immigration Coalition to Senator Schumer (D-NY) urging him to oppose any plans to expedite the deportation of Central American children to the dangers they escaped in their countries, or lessen protections included in the TVPRA.

7/15/2014 - TRAC Report on New Data on Unaccompanied Children in Immigration Court  
Transactional Records Access Clearinghouse (TRAC) report finding that the more than 100,000 case records obtained show almost half of the unaccompanied alien children (UAC) appeared in court without an attorney. Report includes new tool for UAC cases as well as data on representation of UACs.

7/15/2014 - Senator Flake (R-AZ) Amendment to Weaken the TVPRA  
On 7/9/14 Sen. Flake (R-AZ) filed an amendment (to an unrelated bill) to amend the Trafficking Victims Protection Reauthorization Act of 2008 to allow for the expedited removal of unaccompanied minors from non-contiguous countries.

7/15/2014 - Resources and Links on Central American Humanitarian Crisis   (.pdf 664 KB)
A resource guide with statistics and information about the humanitarian crisis in the Northern Triangle (Honduras, El Salvador, and Guatemala) of Central America. Includes links to additional resources with information on the multiple push factors driving children to flee their home countries.

7/15/2014 - Video: 4th Annual Pro Bono Clinic  
On Saturday, June 21, AILA members volunteered at the 4th Annual Pro Bono Clinic at the Boston Public Library as part of AILA's 2014 Annual Conference in Boston.

7/15/2014 - AAO Processing Time Report (7/1/14)   (.pdf 538 KB)
AAO Processing Times as of July 1, 2014.

7/15/2014 - Senate Foreign Relations Committee Hearing on UACs  
A 7/17/14 hearing in the Senate Foreign Relations Committee on, “Dangerous Passage: Central America in Crisis and the Exodus of Unaccompanied Minors,” presided by Senator Menendez (D-NJ).

7/15/2014 - Senate Homeland Security Committee Hearing on Root Causes Behind Rise in UACs  
A 7/16/14 hearing in the Senate Homeland Security Committee on, “Challenges at the Border: Examining and Addressing the Root Causes Behind the Rise in Apprehensions at the Southern Border.”

7/15/2014 - Free This Month on Agora  
AILA free items for July are now available. Read the newest Inside Immigration entry on the civil aspects of international child abduction and the interaction with asylum law. Also free is a seminar recording on administrative closure and indefinite retention. Check them out today!

7/15/2014 - Law Professors Letter of Fairness for Central American Children   (.pdf 835 KB)
A 7/14/14 letter to President Obama signed by 112 professors and researchers with experience teaching and practicing in the areas of immigration, human rights, and international law urging him to maintain the obligations to treat children differently under immigration laws and uphold the TVPRA.

7/15/2014 - DOS Notice of Embassy and Consulate Closings (Updated 7/15/14)  
DOS notice that the Consular Section of the U.S. Embassy in Manila, Philippines is closed on July 16, 2014, in anticipation of inclement weather conditions related to Typhoon Rammasun/Glenda.

7/15/2014 - VSC Announces New Service Center Director   (.pdf 486 KB)
VSC message from Laura Zuchowski, announcing that she began serving as the new permanent Director of the VSC on 6/29/14.

7/15/2014 - DHS OIG Report on USCIS Tranformation Efforts and Hinderances   (.pdf 1795 KB)
DHS OIG Report on USCIS Transformation and IT management and efforts, outlining several challenges, including a lack of coordination across internal divisions, technology lacking desired functionality or reliability, and staff not being aware of which systems to use for specific job functions.

7/15/2014 - AILA Board of Governors Meeting Minutes (6/19/14)   (.pdf 678 KB)
Minutes from the AILA Board of Governors Meeting held in Boston, MA on June 19, 2014.

7/15/2014 - Daily Immigration News Clips – July 15, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 15, 2014.

7/14/2014 - CA11 Says Form I-589 Provides Sufficient Notice of Frivolous Filing Consequences   (.pdf 500 KB)
The court held that the written notice provided on I-589 asylum application form is sufficient to meet the statutory requirement in INA §208(d)(4) that an applicant be notified of the consequences of filing a frivolous application. (Ruga v. U.S. Att’y Gen., 7/2/14)

7/14/2014 - CA5 Asks BIA to Consider Color of Law Legal Standard for Salvadoran CAT Claim   (.pdf 574 KB)
The court remanded for the BIA to consider the CAT claim under the color of law legal standard, with information that the extortionists in El Salvador may have received information about the petitioner from government officials acting in their official capacities. (Garcia v. Holder, 7/1/14)

7/14/2014 - CA9 Retroactively Applies Terrorism Bar for Asylum Petitioner from Iran   (.pdf 510 KB)
The court held the statutory terrorism bar at INA §212(a)(3)(B) applied retroactively to petitioner’s material support of a Tier III organization, the Mojahedi-e Khalq (MEK), although his activities with MEK in the 1970s occurred before official designation. (Bojnoordi v. Holder, 7/7/14)

7/14/2014 - CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations   (.pdf 1051 KB)
The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. (Ortiz-Estrada v. Holder, 7/3/14)

7/14/2014 - AILA Comments on USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses   (.pdf 558 KB)
AILA’s comments in response to USCIS’s proposed rule to extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful permanent resident status through employment.

7/14/2014 - San Antonio Non-Detained Docket Suspended Through 8/31/14  
The San Antonio Immigration Court Administrator notified the Texas Chapter that all juvenile cases (detained and non-detained) on the juvenile dockets will go forward as scheduled. Other non-detained dockets remain suspended per an earlier announcement.

7/14/2014 - AILA Comments on USCIS Proposed Rule on Enhancing Opportunities for High-Skilled Professionals   (.pdf 528 KB)
AILA’s comments in response to USCIS’s proposed rule to update the regulations to enhance opportunities for H-1B1, CW-1, E-3 nonimmigrants, and EB-1 immigrants.

7/14/2014 - Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal   (.pdf 759 KB)
Practice pointer on completing the Form I-589, Application for Asylum and Withholding of Removal including question-by-question guidance and tips to help ensure proper completion. Special thanks to Lisa Green, Dree Collopy, and the Asylum and Refugee Liaison Committee

7/14/2014 - Check-in with DOS’s Charlie Oppenheim- July 2014  
DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.

7/14/2014 - AILA Practice Pointer: Biometrics Capture: How, When, and Where?   (.pdf 471 KB)
AILA International Operations Liaison Committee practice pointer provides best practices for ensuring timely capture of biometrics and offers possible alternatives if your client is unable to attend the biometrics appointment as indicated on the ASC appointment notice.

7/14/2014 - NSC Practice Pointer: Submitting a Form G-28 for an I-601 Waiver Case  
Practice pointer on the best way to submit a Form G-28 when a Form I-601 waiver application is pending and a request for evidence or other correspondence was sent to the applicant overseas. Special thanks to the NSC Liaison Committee.

7/14/2014 - Daily Immigration News Clips – July 14, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 14, 2014.

7/14/2014 - NBC Practice Alert: Proving EAD Eligibility for Applicants in Removal Proceedings (Updated 7/14/14)  
AILA NBC Liaison Committee practice alert informing members of the type of evidence that may be submitted to demonstrate that an applicant in removal proceedings, including proceedings that have been administratively closed, is eligible for an EAD.

7/14/2014 - NBC Practice Alert: Filing for Adjustment Using Secondary Evidence of Lawful Admission   (.pdf 609 KB)
AILA NBC Practice alert providing a procedural overview of how DHS contractors and NBC officers process applications for adjustment of status where secondary evidence of lawful admission under Matter of Quilantan and Matter of Areguillin is submitted.

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