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10/23/2014 - BIA Holds California Grant Theft Not a Fraud-Related Aggravated Felony  
Unpublished BIA decision holds grand theft under Cal. Penal Code 487(b)(3) not an aggravated felony under INA 101(a)(43)(M)(i) because it does not entail taking with fraudulently obtained consent. Special thanks to IRAC. (Matter of Rodriguez, 8/7/14)

10/23/2014 - Your AILA8 for October 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.

10/23/2014 - Global Migration & Legal Ethics, Part II: Unauthorized Practice of Law and Foreign Corrupt Practice Act Issues   (.pdf 659 KB)
Ethical challenges for U.S. attorneys abound in the practice of global migration. Practitioners new to global migration must be mindful of the UPL and FCPA issues they will face. This ethics article provides a framework to successfully navigate this ethical minefield and avoid certain violations.

10/23/2014 - To Blog or Not to Blog...  
The first law firms to venture into social media were run by immigration lawyers, they started with blogs in the 1990s. It’s 2014 now and time to launch and publish your own blog. Get started with this practice success tip.

10/23/2014 - USCIS Comment Request for Form I-924 and Form I-924A  
USCIS 60-day request for comments on proposed revisions to the Application for Regional Center Under the Immigrant Investor Program and Supplement, Form I-924 and Form I-924A. Comments are due by 12/22/14. (79 FR 63157, 10/22/14)

10/23/2014 - AILA Pro Bono Heroes Recognition Program (Updated 10/23/14)  
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!

10/23/2014 - Register for the November 19 EB-5 Teleconference  
The EB-5 landscape changes rapidly. If you have questions, be part of the November Conversations with the AILA EB-5 Liaison Committee teleconference, sponsored by American Regional Center Group. Registration costs only $15 and the first two monthly teleconferences sold out in days. Register soon.

10/23/2014 - Daily Immigration News Clips – October 23, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 23, 2014.

10/23/2014 - AILA: Administration’s Decision on Haiti is a Step Forward  
As the Obama Administration announced a Haitian Family Reunification Parole Program, AILA President Leslie Holman noted, “This change will ease the pain of family separation and alleviate hardships that they suffer in a country still struggling to recover from devastating natural disaster.”

10/22/2014 - Your AILA8 for October 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.

10/22/2014 - EB-5 Practice Alert: Failure to File I-924A Leads to Notice of Intent to Terminate   (.pdf 511 KB)
AILA’s EB-5 Liaison Committee offers a practice alert regarding USCIS’ issuance of intent to terminate notices due to regional centers’ failure to file a Form I-924A or for not promoting economic growth. Practice alert notes that FY2014 annual reports must be filed no later than 12/29/14.

10/22/2014 - VOICE Article on Indian Business Visas  
In the October 2014 VOICE, AILA member Poorvi Chothani offers guidance on pursuing business visitor visas to India. And for additional resources on global migration and policy, purchase the recordings from the 2014 AILA Global Migration Forum.

10/22/2014 - GMS International Lawyers List (Updated 10/22/14)   (.pdf 588 KB)
GMS Members have access to a list of licensed and qualified immigration law practitioners for jurisdictions other than the United States.

10/22/2014 - EOIR Expands Legal Orientation Program Sites to Include Karnes   (.pdf 467 KB)
EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.

10/22/2014 - AILA Announces Pro Bono Heroes Honorees for the Third Quarter of 2014  
AILA’s National Pro Bono Services Committee is pleased to announce the honorees for the 2014 AILA Pro Bono Heroes Recognition program’s Third Quarter. A very special group of members are being celebrated for their inspiring work over the summer months.

10/22/2014 - CRS Report on Immigration Detainers (Updated 10/22/14)   (.pdf 829 KB)
Congressional Research Service (CRS) report on immigration detainers, including discussions on if ICE’s detainer practices are within its statutory authority, if state and localities are required to comply, custody issues, and if detainer practices violate an individual’s constitutional rights.

10/22/2014 - Daily Immigration News Clips – October 22, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 22, 2014.

10/22/2014 - FY2015 H-2B Cap Count (Updated 10/22/14)  
As of 10/17/14, USCIS receipted 9,816 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This count includes 8,670 approved and 1,146 pending beneficiaries.

10/22/2014 - Ethical Issues in Representing Children in Immigration Proceedings   (.pdf 1761 KB)
With the recent increase in the number of minors who are in removal proceedings, the lawyers representing them have raised many questions. This practice advisory provides an extensive summary of ethical guidance on some of the more common questions that practitioners have raised.

10/22/2014 - USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 10/21/14)  
USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 9/9/14. The DACA FAQs were last updated on 10/17/14.

10/22/2014 - DC Circuit Remands L-1B Denial for Specialty Chef   (.pdf 690 KB)
Noting that the lack of clarity in the definition of “specialized knowledge” does not permit the government to apply a “sliding scale of specialness,” the Court found that the AAO’s bar against considering culturally-based skills for L-1B purposes was in error. (Fogo de Chao v. DHS, 9/29/14)

10/21/2014 - Your AILA8 for October 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.

10/21/2014 - CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT   (.pdf 477 KB)
The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)

10/21/2014 - Call for Examples: Asylum Applicants Lacking a Secondary ID  
Have your asylum applicant clients been denied a social security number (SSN) because they lack a secondary ID? AILA is looking for examples of asylum applicants who have been issued EADs under category (c)(8)(i) and who were then denied social security numbers because they had no secondary ID.

10/21/2014 - Minutes from H-2A DOL Stakeholder Meeting (9/12/14)   (.pdf 508 KB)
AILA liaison minutes from DOL H-2A Stakeholder Meeting on 9/12/14. Topics include: DOS visa delays, additional positive recruitment, recruitment report and certification, area of intended employment, special procedure applications for sheepherders, withdrawal of ETA-9142s and job orders.

10/21/2014 - CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights   (.pdf 528 KB)
The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)

10/21/2014 - Minutes from DOL Stakeholder Meeting (9/12/14)   (.pdf 548 KB)
AILA’s DOL Liaison Committee minutes from the OFLC Stakeholder Meeting with the DOL on 9/12/14. Some topics include: iCERT and PERM portal account changes, supervised recruitment advertising instruction timeline, prevailing wage issues, audits for business necessity, and Section K denials.

10/21/2014 - PERM Practice Pointer: Foreign National Qualifications and Section K   (.pdf 521 KB)
PERM Practice Pointer from AILA’s DOL Liaison Committee that addresses foreign national qualifications and Section K on the ETA Form 9089. Practice Pointer discusses history of the Section K issue, what and where to include information in Section K, and error messages one may encounter.

10/21/2014 - CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission   (.pdf 491 KB)
The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)

10/21/2014 - Daily Immigration News Clips – October 21, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 21, 2014.

10/20/2014 - Your AILA8 for October 20, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

10/20/2014 - Philadelphia Chapter – Records of Proceedings for N-400 and I-485   (.pdf 1424 KB)
Record of proceedings (ROPs) from USCIS Philadelphia field office for N-400s and I-485s, reflecting the order in which the A file is put together upon submission of these applications. USCIS encouraged practitioners to prepare their filings in the same order, if possible.

10/20/2014 - San Diego Chapter – USCIS Liaison Minutes (10/8/14)   (.pdf 757 KB)
San Diego Chapter minutes from liaison meeting with USCIS District 24 on 10/8/14. Topics include: military parole-in-place applications, including those related to the MAVNI program, and new system for requesting InfoPass appointments when AOR has more than one case inquiry.

10/20/2014 - Philadelphia Chapter – USCIS Philadelphia Liaison Minutes (10/8/14)   (.pdf 543 KB)
Philadelpia Chapter minutes from liaison meeting with Philadelphia USICS on 10/8/14. Topics include: processing of interview waiver eligible adjustment cases, I-601A transfers to the NVC, InfoPass appointments, biometrics appointments, N-400 medical waivers, I-290B processing, and parole-in-place.

10/20/2014 - Carolinas Chapter – USCIS Charlotte Liaison Meeting Minutes (9/26/14)   (.pdf 545 KB)
Carolinas Chapter liaison minutes from meeting with USCIS Charlotte Field Office on 9/26/14. Topics include: processing time for parole-in-place for military families, naturalization guidelines on legal name changes, confirmation of rescheduled interviews, and current intake process for interviews.

10/20/2014 - Carolinas Chapter – USCIS Charleston Liaison Meeting Minutes (9/8/14)   (.pdf 476 KB)
Carolinas Chapter liaison minutes from meeting with USCIS Charleston on 9/8/14. Topics include: staffing changes, adjustment eligibility after advance parole entry for DACA recipients, scheduling of naturalization interviews, and FDNS officer conduct.

10/20/2014 - CA9 Vacates Removal Order for California §11351 Offense and Remands with Instructions to Terminate Proceedings   (.pdf 568 KB)
The court withdrew its 9/19/14 decision, holding that as the abstract of judgment did not offer clear and convincing evidence about what petitioner pleaded guilty to, DHS failed to establish the conviction was an aggravated felony or controlled substance offense. (Medina v. Holder, 10/10/14)

10/20/2014 - Call For Examples: DACA Renewal Applications Pending Over 75 Days  
AILA is collecting examples of DACA renewal cases in which the renewal Form I-821D has been pending over 75 days. Please complete the questions and upload a copy of your I-821D receipt notice.

10/20/2014 - Check-in with DOS’s Charlie Oppenheim (10/15/14)  
DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.

10/20/2014 - USCIS Response to CIS Ombudsman Recommendations on Improving Quality in Notices to Appear   (.pdf 691 KB)
USCIS response to CIS Ombudsman recommendations on improving the quality and consistency in Notices to Appear (NTA), concurring that USCIS will provide additional guidance for issuing NTAs with input from ICE and EOIR and that USCIS will create a working group to improve tracking and coordination.

10/20/2014 - AIM: DOMA and Immigration  
For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.

10/20/2014 - Daily Immigration News Clips – October 20, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 20, 2014.

10/20/2014 - DOL Alert that H-1B Legacy Records No Longer Available   (.pdf 487 KB)
DOL alert that labor condition applications (LCA) retained in the legacy LCA Online System are all beyond the retention period of five years from a date of final determination or final action. Therefore, effective 10/17/14, the LCA Online System has been decommissioned.

10/20/2014 - USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting   (.pdf 762 KB)
USCIS invitation to the 11/14/14 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.

10/17/2014 - Your AILA8 for October 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.

10/17/2014 - CA11 Finds it Lacks Jurisdiction to Review BIA’s Battered-Spouse Discretionary Decision   (.pdf 761 KB)
The court found it lacked jurisdiction to review the BIA’s order denying the motions to reopen and reconsider, as the BIA’s battered-spouse determination under INA 204 §(a)(1)(A)(iii) was discretionary. (Butalova v. Att’y Gen., 10/7/14)

10/17/2014 - USCIS Comment Request on Form G-845  
USCIS 60-day notice of a request for comments on revisions to Form G-845, used to verify the immigration status of applications for federal, state, or local public benefits and licenses. Comments are due by 11/25/14. (79 FR 57948, 9/26/14)

10/17/2014 - AILA Quicktake #103: Granting Asylum for Artesia Detainees  
AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers

10/17/2014 - DOS Notice of Embassy and Consulate Closings (Updated 10/17/14)  
DOS notice that the U.S. Consulate General in Calgary will be closed for nonimmigrant visa services during the month of November, 2014. Extra appointments have been made available 10/15/14 through 10/28/14. Normal visa operations will resume in December, 2014.

10/17/2014 - Help the Volunteers in Artesia (Updated 10/17/14)  
AIC and AILA have created a way for you to make tax-deductible donations on-line to help reimburse the travel expenses of pro bono volunteers.

10/17/2014 - USCIS Invitation to Teleconference on Haitian Family Reunification Parole Program   (.pdf 775 KB)
USCIS invitation to a 10/22/14 teleconference to discuss the implementation of a limited Haitian Family Reunification Parole program, where certain Haitians in Haiti who are beneficiaries of approved family-based immigrant visa petitions may be considered for parole to come to the U.S.

10/17/2014 - CA2 Agrees with BIA that Vacated Conviction Remains Valid for Removability Purposes   (.pdf 763 KB)
The court held it lacked jurisdiction, upholding the BIA’s determination that the 1997 Arizona conviction remained a removable offense because the petitioner obtained vacatur solely for rehabilitative reasons and to avoid adverse immigration consequences. (Sutherland v. Holder, 10/8/14)

10/17/2014 - DHS Announces Plans for Haitian Family Reunification Parole Program   (.pdf 551 KB)
DHS press release announcing that starting in early 2015, DHS will expedite family reunification for certain eligible Haitian family members of U.S. citizens and lawful permanent residents in the U.S. USCIS is not currently accepting applications and will provide program details by the end of 2014.

10/17/2014 - EOIR Updates to Immigration Court Practice Manual  
This page contains updates to EOIR’s Immigration Court Practice Manual.

10/17/2014 - USCIS Meeting Invitation to TRIG Quarterly Stakeholder Meeting   (.pdf 545 KB)
USCIS invitation to the 11/18/14 Terrorist Related Inadmissibility Grounds (TRIG) quarterly stakeholder engagement. Interested parties may participate in this event in-person only. Questions or agenda items are due by 11/3/14.

10/17/2014 - CA2 Says Unlawful Possession of Ammunition Is an Aggravated Felony   (.pdf 592 KB)
The court denied the petition for review, upholding the BIA’s decision concluding that the petitioner’s conviction for the unlawful possession of ammunition under 18 U.S.C. § 922(g)(1) qualifies as an aggravated felony under INA §101(a)(43)(E)(ii). (Oppedisano v. Holder, 10/8/14)

10/17/2014 - CA8 Affirms Withholding Denial for Petitioner Who Suffered Child Abuse in Hong Kong   (.pdf 499 KB)
The court affirmed the withholding denial, finding that substantial evidence supported the determination that the petitioner's age represented a fundamental change in circumstances such that her life and freedom would not be threatened if she returned to Hong Kong. (Hui v. Holder, 10/14/14)

10/17/2014 - Questions Sought for Student/Schools and “Others” NSC Stakeholder Teleconference  
AILA's Nebraska Service Center (NSC) Liaison Committee requests agenda items from all AILA members to present to NSC at a teleconference on student, schools and “other” issues. Questions needed by 10/26/14.

10/17/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

10/17/2014 - AIC Report on CBP Restrictions on Access to Counsel   (.pdf 538 KB)
The American Immigration Council provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.

10/17/2014 - Daily Immigration News Clips – October 17, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 17, 2014.

10/17/2014 - USCIS Extension of TPS for Honduras  
USCIS notice that the designation of Honduras for Temporary Protected Status (TPS) has been extended for 18 months from 1/6/15 through 7/5/16. Notice includes instructions for re-registration and renewal of EADs. (79 FR 62170, 10/16/14)

10/17/2014 - USCIS Extension of TPS for Nicaragua  
USCIS notice that the designation of Nicaragua for Temporary Protected Status (TPS) has been extended for 18 months from 1/6/15 through 7/5/16. Notice includes instructions for re-registration and renewal of EADs. (79 FR 62176, 10/16/14)

10/17/2014 - AILA Leadership Blog: Championing the Vulnerable  
In this blog post, AILA President Leslie Holman welcomes a new letter from Senate Democrats, led by one of her state’s Senators Patrick Leahy, which condemns family detention and urges the Department of Homeland Security against building more family detention facilities.

10/16/2014 - Your AILA8 for October 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.

10/16/2014 - Domestic Violence Advocates Call for End of Family Detention   (.pdf 987 KB)
A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.

10/16/2014 - Senate Democrats Press DHS Against Expansion of Family Detention System   (.pdf 2216 KB)
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.

10/16/2014 - Practice Pointer: TSC Confirms RFE Response Submission Address for Courier Delivery  
The Texas Service Center (TSC) informed AILA of the physical address for RFE responses to be delivered by courier and offered pointers when responding to an RFE.

10/16/2014 - Report Finding Returned Central American Migrants Face Serious Harm   (.pdf 1418 KB)
Human Rights Watch (HRW) report with accounts from Central Americans in U.S. detention or who were recently deported to Honduras, finding that border officers failed to identify individuals facing serious risks and that some deported individuals provide accounts that should qualify them for asylum.

10/16/2014 - HHS Funding to Support Legal Services for Unaccompanied Children  
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)

10/16/2014 - November 2014 Federal Court Litigation Section Conference Call  
November 6, 2014
3pm Eastern

10/16/2014 - Findings of Westat’s 2013 E-Verify User Survey  
Westat released a report with findings and recommendations from a survey of nearly 3,000 randomly sampled E-Verify users conducted in 2013 to gather information on employers’ opinions and experiences with using E-Verify. USCIS responded with a summary of key findings and response to recommendations.

10/16/2014 - 3rd Annual AILA Bangkok District Chapter Conference  
Immigration Thrilla in Manila
March 12-13, 2015
Manila, Philippines

This event is being presented by AILA’s Bangkok District Chapter. This event is not being organized by the AILA National Office.

10/16/2014 - Practice Alert: TSC “Goldenrod” RFE Coversheets Include Check Box for Updated Attorney of Record  
The Texas Service Center (TSC) has informed AILA that the RFE coversheet referred to as the “Goldenrod” will include a check block to alert the TSC contract support to a change in attorney or to a new attorney of record.

10/16/2014 - Daily Immigration News Clips – October 16, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 16, 2014.

10/15/2014 - Your AILA8 for October 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.

10/15/2014 - AILA Quicktake #102: Karnes Family Detention Center  
AILA Second Vice President Annaluisa Padilla joins to discuss her recent experience touring the family detention center located in Karnes, Texas, where she had the opportunity to meet with some of the detainees.

10/15/2014 - Call for Questions: Social Security Administration (SSA) Issues  
The AILA SSA/DMV/SAVE Taskforce seeks questions about general Social Security Administration (SSA) issues in order to assist the taskforce in their agenda development for 2014-2015. Please send non-case specific items by 10/31/14.

10/15/2014 - Free This Month on Agora  
AILA’s free items for October are now available. Read an Immigration Practice Pointer on what to do when tax non-compliance collides with immigration law and listen to an audio seminar on how international students are affected when SEVP takes action against a school. Check them out today!

10/15/2014 - Practice Pointer: Recapturing an Earlier Priority Date  
AILA USCIS service center liaison provides tips for requesting recapture of an earlier priority date and reminds members that the final priority date will not be indicated on the I-140 receipt notice, but instead will be indicated on the approval notice after the petition has been adjudicated.

10/15/2014 - Article: Jeh Johnson: Politicians Shouldn't 'Feed The Flames Of Fear' Over ISIS, Ebola  
AILA’s Director of Advocacy Greg Chen pressed DHS Secretary Johnson on the government’s ramping up of family detention “when many of the women and children being held are seeking asylum and have fled horrific violence.”

10/15/2014 - Pre-Order Recordings from the Fundamentals Conference  
If you’re just getting started in immigration law, tomorrow and Friday’s Fundamentals Conference in New Orleans is designed to give you a solid foundation for success. Can’t attend? Pre-order the conference recordings and benefit from the content without the travel.

10/15/2014 - DHS CRCL Stakeholder Engagement on Language Access   (.pdf 495 KB)
DHS announcement of the release of draft Language Access Plans, which address the language needs of persons with limited English proficiency. DHS welcomes written feedback on the draft plans through 10/31/14 and will have an stakeholder engagement on 10/24/14 in D.C. to allow further discussion.

10/15/2014 - ICE Will Provide Children at Artesia with Education   (.pdf 549 KB)
ICE press release announcing children at the Artesia Family Residential Center will be provided with one-hour daily instruction blocks in subjects including science, social studies, mathematics, reading, writing, and physical education. AMIkids will manage and administer the program.

10/15/2014 - Daily Immigration News Clips – October 15, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 15, 2014.

10/14/2014 - Your AILA8 for October 14, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

10/14/2014 - NSC Invitation to Stakeholder Call on Students and Schools and Other Issues  
NSC invitation to an 11/13/14 stakeholder call on student and schools and “other” issues. Call-in information will be provided closer to the date of the teleconference.

10/14/2014 - ICE Memo on Strategic Use of Expedited Removal   (.pdf 643 KB)
ICE memo, dated 4/5/11, from Gary Mead, Executive Associate Director, on the strategic use of expedited removal authority. Also includes a list of instances that expedited removal should not be used. Obtained through FOIA by Stephen Yale-Loehr.

10/14/2014 - AILA Leadership Blog: Welcoming Brilliance to Our Shores  
Anastasia Tonello, AILA Treasurer, takes a look at the history of immigrants awarded the Nobel Prize, writing “What these Nobel Laureates show us is that the best and the brightest are mobile and the U.S. must be able to compete for talent on a global stage.”

10/14/2014 - BIA Says Regulations for Applying for Bond Redetermination Are Not Jurisdictional   (.pdf 633 KB)
Unpublished BIA decision holding that INA §236 contains no language limiting an IJ’s authority to hear a bond case due to the geographic area of the noncitizen and that 8 CFR §1003.19(c) dictates where he/she should file a request for a custody redetermination. Courtesy of Helen Parsonage.

10/14/2014 - USCIS PowerPoint on Religious Workers   (.pdf 590 KB)
USCIS PowerPoint on religious workers from the 10/9/14 USCIS teleconference with CSC and VSC, including petitioner and beneficiary evidentiary requirements, self-supporting R-1s, dependents, site inspections, expedite requests, common filing issues, and helpful filing tips.

10/14/2014 - USCIS PowerPoint with H-1B Filing Tips   (.pdf 555 KB)
USCIS PowerPoint with H-1B filing tips provided during the 10/9/14 USCIS teleconference with CSC and VSC.

10/14/2014 - AILA and AIC to BALCA: Due Process Must Trump Administrative Efficiency in PERM   (.pdf 588 KB)
AILA/AIC amicus urge the Board to affirm that the Certifying Officer (CO) cannot deny a PERM application for failure to comply with the recruitment report requirements in 20 CFR §656.17(g)(1), when the employer’s compliance is evident from the record despite the omission of certain documentation.

10/14/2014 - BIA Rescinds In Absentia Order Under Totality of the Circumstances  
Unpublished BIA decision rescinds in absentia order because respondent acted with diligence in seeking reopening and had a history of providing his complete address to the Department of Homeland Security. Special thanks to IRAC. (Matter of Gonzalez, 7/31/14)

10/14/2014 - Did You Miss the AILA Web Seminar on Playing the Visa Bulletin Lotto?  
As EB-2 India continues to retrogress, are you prepared to play the Visa Bulletin lottery? Listen as the panel of experts from a recent web seminar discuss the mechanics and pitfalls of filing an I-140 in multiple categories, marriage and cross chargeability, and more. Download and listen anytime!

10/14/2014 - ‘SOCing’ It to ’Em: Strange Tales from USCIS  
In VOICE, AILA member Jennifer Minear discusses ACWIA wages for occupations for which ACWIA data is unavailable and explains how her firm has chosen to handle these unclear situations by filing two sets of LCAs. For more information, purchase AILA’s Business Immigration: Law & Practice.

10/14/2014 - AILA Philadelphia Chapter EOIR Liaison Meeting Minutes (9/1/14)   (.pdf 506 KB)
Minutes from a liaison meeting with EOIR on September 2014, topics include: EOIR-42B, defensive asylum applications, and “rocket dockets” and the Juvenile Docket.

10/14/2014 - Hanging a Shingle or Improving an Already Hanging Shingle  
New Members Division steering committee members share their experiences in the world of immigration law. Whether you are going solo, establishing an immigration practice within a large multi-practice firm, becoming a shareholder, or developing a niche practice, this podcast has something for you.

10/14/2014 - Daily Immigration News Clips – October 14, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 14, 2014.

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

10/10/2014 - GAO Report on Immigration Detention   (.pdf 1651 KB)
GAO October 2014 report on costs, standards, and oversight across different types of ICE detention facilities, finding that ICE does not have complete data for managing detention costs and standards across facilities and facility types.

10/10/2014 - CA9 Says NACARA Seven-Year Good Moral Character Period Ends on Filing Date   (.pdf 565 KB)
The court held that an application for special rule cancellation of removal under §203 of NACARA is not a continuing application, and that the seven-year period during which good moral character is required ends on the date of the filing of the application. (Aragon v. Holder, 10/2/14)

10/10/2014 - CA11 Says Florida Aggravated Fleeing Is an Aggravated Felony   (.pdf 501 KB)
The court denied the petition for review, upholding the BIA’s finding that the petitioner’s conviction for aggravated fleeing under Florida statue §316.1935(4)(a) was an aggravated felony and thus was deportable under INA §237(a)(2)(A)(iii). (Dixon v. Att’y Gen., 10/1/14)

10/10/2014 - BIA Holds Vacated Criminal Conviction Not an “Admission” of Controlled Substance Violation  
Unpublished BIA decision terminates proceedings against returning LPR upon finding a prior drug conviction that was subsequently vacated did not constitute an “admission” of a controlled substance violation. Special thanks to IRAC. (Matter of Martinez, 7/30/14)

10/10/2014 - BIA Finds LPR Did Not Abandon Status or Deliberately Misreport Length of Prior Trips Abroad  
Unpublished BIA decision finds DHS did not prove the respondent intended to abandon his LPR status by taking numerous lengthy trips to Yemen or that he deliberately misreported the length of his trips on a prior naturalization application. Special thanks to IRAC. (Matter of Ahmed, 7/29/14)

10/10/2014 - Practice Alert: EOIR Update on FY2015 Suspension/Non-LPR Cancellation Cap  
EOIR has advised AILA that the 4,000 cancellation grants available in FY2015 will likely be exceeded by the decisions currently held in reserve. Because of this, immigration judges have been instructed to continue to follow the procedures set forth in OPPM 12-01.

10/10/2014 - AILA/USCIS Field Operations Liaison Q&As (10/9/14)   (.pdf 768 KB)
USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings, Matter of Arrabally/Yerrabelly, processing time reports, and availability of InfoPass appointments.

10/10/2014 - AILA DOS Liaison Q&As (10/9/14)   (.pdf 911 KB)
DOS responses to AILA/DOS liaison Q&As, which address questions relating to administrative processing, PIMS, renunciation of U.S. citizenship or LPR status, Mission Australia, J-1 issues, visa revocations, B-2 visas, CCD delay, LGBT I-129Fs, and endorsement of the I-129S for blanket L cases.

10/10/2014 - 2014 Visa Reciprocity Changes (Updated 10/10/14)  
DOS updates the visa reciprocity tables, including updated information for Pakistan.

10/10/2014 - AILA/USCIS HQ Liaison Q&As (10/9/14)   (.pdf 1114 KB)
Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.

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

10/10/2014 - Did You Miss the AILA Audio Seminar on Waivers?  
Did you miss the recent AILA audio seminar on INA §237(a)(1)(H) waivers? Learn who qualifies, how to avoid pitfalls on discretionary decisions, what grounds can be waived, and more! You can purchase the downloadable recording and listen anytime that is convenient.

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