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9/18/2014 - Your AILA8 for September 18, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/18/2014 - AILA 2014 Rome District Chapter Fall CLE Conference  
November 5-7, 2014
The Four Seasons Hotel
Prague, Czech Republic
Please note that this event is not handled by AILA’s National Office. All inquiries about the event should be sent directly to the AILA Rome District Chapter.

9/18/2014 - BIA Distinguishes Moncrieffe and Reaffirms Matter of Davey   (.pdf 650 KB)
The BIA held the exception in INA §237(a)(2)(B)(i) calls for a circumstance-specific inquiry into the character of the unlawful conduct on a single occasion, not a categorical inquiry into the elements of a single statutory crime. Matter of Dominguez-Rodriguez, 26 I&N Dec. 408 (BIA 2014)

9/18/2014 - Practice Alert: Filing Supporting Documentation at the Los Angeles Asylum Office  
As of August 1, 2014, the Los Angeles Asylum Office requires that all supporting documentation for asylum applications be submitted, in triplicate, at least one week prior to the date of the asylum interview.

9/18/2014 - D.C. Chapter: USCIS Liaison Meeting Minutes (7/11/14)   (.pdf 811 KB)
Minutes from the Washington, D.C. Chapter’s liaison meeting with USCIS (WAS) on 7/11/14. Topics include naturalization ceremonies, N-400 delays, extended review cases, interview delays, interview rescheduling, parole in place, sua sponte reopening, mandamus actions, and fingerprinting.

9/18/2014 - Practice Pointer: Courier Address for RFEs Issued by the National Benefits Center  
The National Benefits Center (NBC) has advised AILA that it was updating all of its RFE templates to include a courier address for RFE responses. When receiving an RFE from the NBC, members should check to see if a courier address for the RFE response has been included.

9/18/2014 - AILA Leadership Blog: Offering Hope and Comfort to Detained Moms and Kids  
AILA Member and Artesia Volunteer Lisa York is collecting letters of encouragement and comfort for the mothers and children detained at Artesia; guidelines on how to write the letters and where to send them are included in this blog post.

9/18/2014 - House Briefing on Family Detention   (.pdf 682 KB)
A 9/22/14 AILA-sponsored briefing in the House on family detention.

9/18/2014 - Call to All AILA Members: Refugee/Asylee Questions Sought for 10/9/14 NSC Stakeholder Teleconference  
AILA's Nebraska Service Center (NSC) Liaison Committee requests agenda items from all AILA members to present to NSC at a teleconference on refugee and asylee issues. Questions needed by 9/25/14.

9/18/2014 - BIA Rescinds In Absentia Order Because Hearing Notice Was Sent on Day of Hearing  
Unpublished BIA decision rescinds in absentia order where respondent submitted affidavit stating she did not receive the hearing notice and the record indicated that the hearing notice was sent on the date of the hearing. Special thanks to IRAC. (Matter of Sorto-Viera, 6/19/14)

9/18/2014 - Did You Miss the AILA FOIA Web Seminar?  
Did you miss the recent AILA web seminar on everything about FOIA you won't find in a book? Did you know you can purchase the downloadable recording and listen to it anytime that works with your schedule? Check it out today!

9/18/2014 - BIA Orders Further Consideration of Voluntary Departure  
Unpublished BIA decision remands record because IJ did not advise respondent of potential eligibility for voluntary departure and respondent did not realize she was conceding ineligibility by saying she lacked funds to depart. Special thanks to IRAC. (Matter of Dangan, 6/16/14)

9/18/2014 - BIA Says Aggravated Felony Bar Applies to Conditional Permanent Resident Admitted at POE   (.pdf 2832 KB)
The BIA held an alien admitted at a port of entry (POE) as a conditional permanent resident pursuant to §216(a) is “lawfully admitted for permanent residence” and is barred from an §212(h) waiver, if he was later convicted of an aggravated felony. Matter of Paek, 26 I&N Dec. 403 (BIA 2014)

9/18/2014 - FY2014 H-2B Cap Count (Updated 9/18/14)  
As of 9/5/14, USCIS receipted 26,320 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 26,079 approved and 241 pending beneficiaries. Information on the first half of FY2015 is also available.

9/18/2014 - Are You Undercharging for Your Services?  
Do you believe that many of your clients would not use your services if you charged them more? Push through the guilt and end the internal wrestling matches with this fresh outlook in this week’s Practice Success Tip.

9/18/2014 - Daily Immigration News Clips – September 18, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 18, 2014.

9/17/2014 - Your AILA8 for September 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.

9/17/2014 - Video: Snapshots from Artesia: September 17, 2014  
AILA DC Members Dree Collopy and Sandra Grossman document their experiences as they offer pro bono services to Central American detainees on the ground at the family detention center in Artesia, NM. To donate, visit www.aila.org/helpthevolunteers.

9/17/2014 - USCIS Comment Request on Form I-829  
USCIS 60-day notice of a request for comments on proposed revisions to the Petition by Entrepreneur to Remove Conditions (Form I-829). Comments are due by 11/14/14. (79 FR 55008, 9/15/14)

9/17/2014 - USCIS Comment Request on Form I-612 (Updated 9/17/14)  
USCIS 60-day notice of a request for comments on proposed revisions to the Application for Waiver of the Foreign Residence Requirement of Section 212(e) of the INA (Form I-612). Comments are due by 11/10/14. (79 FR 53720, 9/10/14)

9/17/2014 - AILA Liaison Chapter Liaison Training   (.pdf 2643 KB)
AILA Liaison power point training for chapter agency liaisons, including helpful hints on how to create an effective agenda, how to maintain agency contacts, and how to communicate with the membership.

9/17/2014 - BIA Finds Respondent Eligible for Adjustment of Status   (.pdf 584 KB)
Unpublished decision sustaining appeal, finding respondent eligible for adjustment, as the equities of his lengthy residence in U.S., strong employment history, family ties to USCs, and rehabilitation, outweighed adverse factor of attempted sexual abuse conviction. Courtesy of Brian Conry.

9/17/2014 - Missed the AILA O and P Audio Seminar?  
Did you miss the recent AILA audio seminar on Os and Ps? Don’t worry – you can download the seminar and listen from your desk, home, or even on the run. Get your Os and Ps in line today!

9/17/2014 - USCIS Vermont Service Center (VSC)  
Procedures for requesting AILA liaison assistance for cases pending at the Vermont Service Center.

9/17/2014 - DHS Annual Flow Report on Refugees and Asylees   (.pdf 683 KB)
DHS Office of Immigration Statistics Annual Flow Report on the number and demographics of individuals admitted to the U.S. as refugees or granted asylum in the U.S. in 2013.

9/17/2014 - Free This Month on Agora  
AILA free items for September are now available. Read an Immigration Practice Pointer about the process of denaturalization proceedings under INA 340(a). Also download a session from a recent Annual Conference on petitions for writs of certiorari. Check them out today!

9/17/2014 - AILA Leadership Blog: Artesia Betrays America: Part III  
AILA Member and Artesia Volunteer Angela Williams finishes her three-part series with this blog post writing, “We cannot ignore our laws and skirt the process that we have created for vulnerable people all over the world to seek shelter within our borders.”

9/17/2014 - CA7 Holds Stop-Time Rule May Not Be Applied Retroactively   (.pdf 7946 KB)
The court found that the stop-time rule of INA §240A(d)(1) would have an impermissible retroactive effect if it were applied to petitioner’s 1995 drug offense, and that he was eligible for cancellation since he accumulated the seven years of continuous residence. (Jeudy v. Holder, 9/15/14)

9/17/2014 - USCIS Comment Request on Form I-918 and Supplements (Updated 9/17/14)  
USCIS 60-day notice of a request for comments on proposed revisions to the Petition for U Nonimmigrant Status (Form I-918) and Supplements A and B of Form I-918. Comments are due by 11/10/14. (79 FR 53721, 9/10/14)

9/17/2014 - EOIR Notice of Proposed Rulemaking on Custody and Bond Proceedings Representation  
EOIR notice of proposed rulemaking to amend the regulations to allow a representative to enter an appearance in custody and bond proceedings without such an appearance constituting an entry of appearance for all Immigration Court proceedings. Comments are due by 11/17/14. (79 FR 55659, 9/17/14)

9/17/2014 - EOIR Notice of Proposed Rulemaking on Pro Bono Legal Services Providers List  
EOIR notice of proposed rulemaking to change the name of the “List of Free Legal Services Providers” and to enhance the eligibility requirements for organizations, private attorneys, and referral services to be included in the List. Comments are due by 11/17/14. (79 FR 55662, 9/17/14)

9/17/2014 - Daily Immigration News Clips – September 17, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 17, 2014.

9/16/2014 - Your AILA8 for September 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.

9/16/2014 - Video: Snapshots from Artesia: September 16, 2014  
AILA DC Members Dree Collopy and Sandra Grossman document their experiences as they offer pro bono services to Central American detainees on the ground at the family detention center in Artesia, NM. To donate, visit www.aila.org/helpthevolunteers.

9/16/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

9/16/2014 - CRS Report on Asylum and Gang Violence   (.pdf 864 KB)
As a result of the increase in unaccompanied alien children apprehended at the southwest border, this Congressional Research Service report discusses the role that gang-related violence in Central America may play in determining whether these children are eligible for refugee status and asylum.

9/16/2014 - CRS Report on Special Immigrant Juveniles   (.pdf 758 KB)
Congressional Research Service report on special immigrant juveniles (SIJs), including the evolving criteria for SIJ status, expedited processing of these petitioners, eligibility for federal assistance, and issues involving unaccompanied children.

9/16/2014 - USCIS Invitation to NSC Teleconference on Refugee and Asylee Issues  
USCIS invitation to a 10/9/14 NSC teleconference on refugee and asylee issues. Registration information will be provided closer to the date of the event.

9/16/2014 - Prevailing Wage Practice Pointer for Physician Cases   (.pdf 976 KB)
AILA Healthcare Professionals/Physicians Committee practice pointer provides guidance and tips in obtaining appropriate wage data for healthcare professionals, whether required for a J-1 waiver, H-1B petition, or labor certification application.

9/16/2014 - USCIS Texas Service Center (TSC)  
Procedures for requesting AILA liaison assistance for cases pending at the Texas Service Center.

9/16/2014 - AILA Letter to Congress on Artesia   (.pdf 693 KB)
A 9/16/14 AILA letter to members of Congress urging action on the Artesia, NM family detention center.

9/16/2014 - AILA Letter to President Obama on Artesia   (.pdf 692 KB)
A 9/16/14 AILA letter to President Obama urging the closing of the Artesia, NM family detention center.

9/16/2014 - USCIS Nebraska Service Center (NSC)  
Procedures for requesting AILA liaison assistance for cases pending at the Nebraska Service Center.

9/16/2014 - Q&As from the NSC-TSC Business Community Engagement (7/17/14)   (.pdf 549 KB)
Questions and answers from the 7/17/14 business community engagement with the Nebraska and Texas Service Centers. Topics include I-140 statistics, special immigrant status for retired G-4 nonimmigrants, transfer of a pending I-485 to a new I-140 or I-130, and RFEs for medical examinations.

9/16/2014 - Call for Examples: RFEs for Asylum-Based I-756s Where Proceedings Are Administratively Closed  
The AILA Asylum and Refugee Liaison Committee requests examples of RFEs issued within the last year for asylum-based I-765s filed for cases in which removal proceedings have been administratively closed.

9/16/2014 - AILA Leadership Blog: Artesia Betrays America: Part II  
AILA Leadership Blog: Artesia Betrays America: Part II

9/16/2014 - Daily Immigration News Clips – September 16, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 16, 2014.

9/16/2014 - CBP Designates POEs for First-Time Canadian TN and L Applicants Seeking Entry Under NAFTA   (.pdf 955 KB)
CBP announcement that beginning in mid-September 2014, the agency is designating 14 ports of entry (POEs) for optimized processing for first-time Canadian TN and L applicants seeking entry into the U.S. under NAFTA.

9/16/2014 - CA11 Says Petitioner Must Apply for Adjustment Concurrently with §212(h) Waiver   (.pdf 509 KB)
The court held that a deportable noncitizen who has left and reentered the U.S. may not obtain a nunc pro tunc waiver of inadmissibility under INA §212(h) unless he concurrently applies for adjustment of status. (Rivas v. Att’y Gen., 9/3/14)

9/16/2014 - CA1 Dismisses Petition for Lack of Jurisdiction   (.pdf 473 KB)
The court held that because the BIA acted pursuant to its discretionary sua sponte authority, it lacked jurisdiction to review the petition. (Guerrero v. Holder, 9/9/14)

9/16/2014 - DOL Statistics on H-2Bs from FY2014 Fourth Quarter (8/31/14)   (.pdf 548 KB)
DOL’s OFLC statistics on H-2Bs as of 8/31/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.

9/16/2014 - DOL Statistics on H-2As from FY2014 Fourth Quarter (8/31/14)   (.pdf 735 KB)
DOL’s OFLC statistics on H-2As as of 8/31/14, including number of applications received, top states, and employers, as well as the status of applications processed.

9/16/2014 - DOL Statistics on H-1Bs from FY2014 Fourth Quarter (8/31/14)   (.pdf 573 KB)
DOL’s OFLC statistics on H-1Bs as of 8/31/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.

9/15/2014 - Your AILA8 for September 15, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/15/2014 - 2014 Visa Reciprocity Changes (Updated 9/15/14)  
DOS updates the visa reciprocity tables, including updated information for Macau.

9/15/2014 - Practice Pointer: AAO Transfer Issues (Updated 9/15/14)  
AAO Liaison Committee practice pointer reminds members that the AAO processing time clock starts when the appeal is received at the AAO, and not when the appeal is originally filed.

9/15/2014 - AILA Leadership Blog: Artesia Betrays America: Part I  
AILA Member and Artesia Volunteer Angela Williams begins a three-part series on her time in Artesia, what she saw at the detention facility, and how she has been galvanized to act through her experience there.

9/15/2014 - DOL Statistics on PWDs from FY2014 Fourth Quarter (8/31/14)   (.pdf 533 KB)
DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 8/31/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.

9/15/2014 - DOL Statistics on PERM Program from Fourth Quarter of FY2014 (8/31/14)   (.pdf 529 KB)
DOL’s OFLC statistics on the PERM program as of 8/31/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied and withdrawn applications.

9/15/2014 - How to Incorporate Your John Hancock in Your E-mail Signature  
Here are a (little more than) few steps to help you incorporate your natural handwritten signature into your email signature block.

9/15/2014 - Send Us Your Feedback on Office of Special Counsel’s Flyers and Seminars (Updated 9/15/14)  
The AILA Verification & Documentation Liaison Committee is seeking feedback on the effectiveness of the OSC’s outreach efforts to the public, including OSC’s educational flyers, PowerPoint presentations, seminars, and webinars. Responses needed by 9/26/14.

9/15/2014 - Daily Immigration News Clips – September 15, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 15, 2014.

9/15/2014 - Video: Snapshots from Artesia: September 8 - 9, 2014  
AILA DC Members Dree Collopy and Sandra Grossman share some highlights from their first two days in Artesia, NM and the women and children they met and advocated for during their time on the ground.

9/15/2014 - CGRS Practice Advisory on Domestic Violence-Based Asylum Claims   (.pdf 1068 KB)
The Center for Gender & Refugee Studies (CGRS) practice advisory on domestic violence-based asylum claims, including an overview, guidance on asylum claims based on membership in a particular social group, and guidance on withholding of removal and CAT claims.

9/15/2014 - Liaison Meeting Minutes with Louisville USCIS (9/11/14)   (.pdf 533 KB)
Minutes from MidSouth Chapter liaison meeting with Louisville USCIS on 9/11/14. Topics include: submitting evidence to satisfy USCIS requirements, adjustment of status, delays in obtaining relief, marriage-based adjustment interview questions, and reporting procedures at Louisville ERO office.

9/15/2014 - Looking for Additional Artesia Volunteers for Weeks of Sept 28th and Oct 5th  
Volunteer AILA lawyers are scheduled in Artesia into November, but additional volunteers are needed for the weeks of September 28 and October 5. If you can volunteer for 4+ days either of these weeks, please contact Maheen Taqui at AILA to confirm your availability.

9/15/2014 - USCIS California Service Center (CSC)  
Procedures for requesting AILA liaison assistance for cases pending at the California Service Center.

9/12/2014 - AILA Leadership Blog: How We Got Here  
Ally Bolour, Member of AILA’s Media Advocacy Committee, describes the problems that have sprung from the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), writing that "The results…have been nothing less than disastrous."

9/12/2014 - BIA Holds California Conviction for Malicious Vandalism With Gang Enhancement Is CIMT   (.pdf 513 KB)
The Board held that a California conviction for malicious vandalism with a gang enhancement requiring that the underlying offense be committed to promote criminal conduct by gang members is a categorical crime involving moral turpitude. Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014)

9/12/2014 - Daily Immigration News Clips – September 12, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 12, 2014.

9/11/2014 - Check-in with DOS’s Charlie Oppenheim (9/11/14)  
DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.

9/11/2014 - ICE Liaison Committee Seeks Questions for Fall Meeting  
The AILA ICE Liaison Committee is preparing for its upcoming meeting with ICE. Please send any questions, problems, or concerns you have for ICE by September 30, 2014.

9/11/2014 - Friend of the Court Model for Unaccompanied Minors in Immigration Proceedings   (.pdf 569 KB)
EOIR memorandum to IJs discussing the definition, scope, and application of the Friend of the Court model in immigration proceedings involving unaccompanied minors.

9/11/2014 - CIS Ombudsman Invitation to Teleconference on Student Visa Issues   (.pdf 627 KB)
CIS Ombudsman invitation to a 9/25/14 teleconference on immigration issues impacting international students, including speakers from ICE’s Student and Exchange Visitor Program (SEVP) and USCIS. Registration information included.

9/11/2014 - TRAC Report Finds Immigration Offenses Account for 80% of Deportation Orders  
Transactional Records Access Clearinghouse (TRAC) report finding that only 16,375 out of 82,878 removal orders were based on criminal offenses and the remainder involved various immigration charges. The backlog of cases awaiting hearing has increased to 408,307 as of the end of August 2014.

9/11/2014 - AILA Board Meeting Materials – September 20 2014   (.pdf 2689 KB)
The AILA Board of Governors will meet Saturday, September 20, 2014, in Seattle, Washington. This document contains the agenda and meeting materials.

9/11/2014 - DOS Notice on China EB-5 Category   (.pdf 137 KB)
DOS notice stating that on 8/23/14, the China EB-5 category became unavailable for the remainder of FY2014, and the category will again become “current” for October 2014, the first month of FY2015. Notice includes information on DOS and USCIS processing.

9/11/2014 - Daily Immigration News Clips – September 11, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 11, 2014.

9/11/2014 - AILA Comments on EOIR Interim Rule on Designation of Temporary Immigration Judges   (.pdf 651 KB)
AILA comments in response to EOIR’s interim rule, published in the Federal Register on July 11, 2014, related to the creation of temporary immigration judge positions within the Office of the Chief Immigration Judge.

9/11/2014 - AILA Board of Governors Teleconference Minutes (9/4/14)   (.pdf 584 KB)
Minutes from the AILA Board of Governors Teleconference held on September 4, 2014.

9/10/2014 - Your AILA8 for September 10, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/10/2014 - Practice Pointer: RFE vs. NOID Following Kazarian I-140 Analysis   (.pdf 477 KB)
NSC Liaison Committee practice pointer clarifying USCIS’s current policy and procedure when issuing RFEs or NOIDs for I-140 petitions subject to the two-part analysis established in Kazarian v. USCIS.

9/10/2014 - Practice Pointer: I-130 Filing Tips from the Nebraska Service Center  
Practice Pointer based on an e-mail from the Nebraska Service Center (NSC) to stakeholders on best practices and tips for filing Form I-130, Petition for Alien Relative.

9/10/2014 - Denver Immigration Court To Take Over Artesia Docket   (.pdf 463 KB)
Effective 9/29/14, EOIR will assign immigration cases originating at the Artesia, NM, hearing location to IJs at the Denver Immigration Court in Denver rather than to IJs at the Headquarters Immigration Court in Arlington,VA. Denver IJs will hear cases via video-teleconference.

9/10/2014 - EOIR Teleconference and Webinar on Recognition and Accreditation Program   (.pdf 466 KB)
EOIR invitation to a 9/26/14 stakeholder teleconference and webinar providing a general overview of EOIR’s recognition and accreditation program. Registration information included.

9/10/2014 - Daily Immigration News Clips – September 10, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 10, 2014.

9/10/2014 - Chicago Chapter – USCIS Chicago Field Office Minutes (9/4/14)   (.pdf 2119 KB)
Minutes from a 9/4/14 AILA Chicago Chapter meeting with the Chicago Field Office. Topics include: expedited biometrics and I-551 passport stamps for pending I-90s, creation of record of permanent residence for American Indian born in Canada, CSPA, and reductions to standard RFE response times.

9/10/2014 - Call for Questions for VSC Stakeholders Meeting on October 24  
AILA’s VSC Liaison Committee requests questions or topics for the VSC stakeholders meeting to be held on 10/24/14. Please submit questions by close of business on 9/17/14.

9/10/2014 - New Date for USCIS Teleconference on H-1Bs and Religious Workers (Updated 9/10/14)   (.pdf 892 KB)
USCIS invitation to a 10/9/14 teleconference with CSC and VSC. There will be two, 45-minute sessions, the first session on H-1B filing tips and the second session on the eligibility requirements for religious workers. This event was previously scheduled for 9/25/14.

9/10/2014 - Visa Bulletin for October 2014   (.pdf 134 KB)
DOS Visa Bulletin for October 2014. There is slight forward movement in most categories. EB-5 China is current. Also noted was that increased visa demand will require holding the India employment-based second preference date at 5/1/09 to keep usage within the FY2015 annual limit.

9/10/2014 - Unable to Volunteer in Artesia? Support Your Colleagues Who Can!  
AIC and AILA have collaborated to create a way for AILA members to make tax-deductible donations on-line to help reimburse the travel expenses of AILA pro bono volunteers! Please give generously so this volunteer effort can continue to bring hope to families detained in Artesia.

9/10/2014 - Call for Questions: Upcoming Meeting with the National Benefits Center  
The AILA National Benefits Center (NBC) Liaison Committee is in the process of preparing for its fall liaison meeting with NBC, and would like to hear your suggested agenda items, problems, and concerns. Responses needed by 9/17/14.

9/9/2014 - CA9 Holds Matter of Jean Applies to Adjustment Applications Under INA §245(i)   (.pdf 535 KB)
The court upheld the BIA’s decision not to apply the categorical approach to determine if a crime is violent or dangerous for purposes of Matter of Jean and upheld the BIA’s extension of the standard to the context of adjustment under INA §245(i). (Torres-Valdivias v. Holder, 9/5/14)

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

9/9/2014 - AILA Leadership Blog: An Arduous Success in Artesia  
AILA Member and Artesia Volunteer Deborah S. Smith highlights a first-ever success due to the extraordinary team effort in Artesia: the first parole for a mother and sick child.

9/9/2014 - AILA Members’ LTE Template on Administration’s Delay and Family Detention  
AILA members are urged to personalize and submit this template Letter to the Editor (LTE) in response to articles mentioning the President’s recent decision to delay executive action on immigration, family detention, UACs. Please contact AILA staff (newsroom@aila.org) with questions.

9/9/2014 - USCIS Updates Policy Manual with H-3 Trainee Guidance   (.pdf 972 KB)
USCIS policy alert that the USCIS Policy Manual has been updated to provide comprehensive guidance on the H-3 trainees nonimmigrant visa category. Comments are due by 9/19/14.

9/9/2014 - Call for Examples: O and P Petition RFEs (Updated 9/9/14)  
Have you received an RFE for an O or P petition filed within the last two months? For an agency issue? On a renewal petition? Requesting information already submitted in the petition? On a O or P petition pending over 30 days? AILA Liaison wants to know!

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

9/9/2014 - Immigration Law Advisor, July/August 2014 (Vol. 8, No. 6)   (.pdf 711 KB)
The July/August 2014 Immigration Law Advisor, a legal publication from EOIR, with an article on the circuit split on the finality rule, circuit court decisions for June 2014, recent BIA precedent decisions, and a regulatory update.

9/9/2014 - AILA Monthly Calendar of Events: September 2014   (.pdf 398 KB)
Get connected to the AILA community with the AILA Monthly Calendar of Events. The calendar features national conferences and seminars, local chapter events, government stakeholder engagements, and more!

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

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

9/8/2014 - CA9 Holds California Conviction for Possession of Marijuana for Sale Is an Aggravated Felony   (.pdf 512 KB)
The court held that a conviction for possession of marijuana for sale under California Health and Safety Code §11359 is categorically an aggravated felony, namely “illicit trafficking in a controlled substance,” under INA §101(a)(43)(B). (Roman-Suaste v. Holder, 9/4/14)

9/8/2014 - Recent Radio Interviews with Leslie Holman on UACs  
AILA President Leslie Holman recently participated in a radio tour involving several stations around the country discussing the issue of unaccompanied children crossing the border and what factors motivate them to seek refuge. Two of the clips are available for download.

9/8/2014 - OCAHO Reduces Fine After Finding No Unauthorized Employees   (.pdf 477 KB)
The janitorial service company claimed to have misplaced most of the I-9s but OCAHO reduced the I-9 fine for failing to prepare and/or present I-9 forms after finding no authorized employees and no history of previous violations. (U.S. v. Clean Sweep Janitor Service, 6/30/14)

9/8/2014 - BIA Holds Having Passport at Hearing Not Requirement for Receiving Voluntary Departure  
Unpublished BIA decision orders further consideration of request for voluntary departure that was denied solely because respondent did not have passport in physical possession at the time of the hearing. Special thanks to IRAC. (Matter of Lorenzo-Cabrera, 6/13/14)

9/8/2014 - BIA Holds Florida Theft and Issuance of Worthless Check Not CIMTs  
Unpublished BIA decision upholds termination of proceedings upon finding neither issuing a worthless check under Fla. Stat. 832.05 nor theft under Fla. Stat. 812.014 qualify as a CIMT. Special thanks to IRAC. (Matter of Montinar, 6/13/14).

9/8/2014 - District Court Complaint Against EB-5 Attorney and Law Firm   (.pdf 549 KB)
Complaint filed against a Los Angeles-based immigration attorney, his wife, and his law firm partner, for conducting an investment scheme to defraud foreign investors trying to come to the U.S. through the EB-5 program. The SEC also filed charges.

9/8/2014 - AAO Processing Time Report (9/1/14)   (.pdf 563 KB)
AAO Processing Times as of September 1, 2014.

9/8/2014 - DOS Practice Alert: Technical Problems with Passport/Visa System (Updated 9/8/14)  
The DOS Bureau of Consular Affairs reports it is supporting visa and passport issuances within expected processing times and service expectations and has eliminated the queue of caused by system issues.

9/8/2014 - USCIS Invitation to NSC Teleconference on Business Issues (Updated 9/8/14)  
USCIS invitation to a 9/11/14 NSC teleconference on business issues. Registration information included.

9/8/2014 - Daily Immigration News Clips – September 8, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 8, 2014.

9/8/2014 - AILA Leadership Blog: Judge Us by our Treatment of Child Refugees  
Rob Cohen, Vice Chair, AILA’s USCIS Liaison Committee, compares an account of a World War II child refugee with “stories of the women and children refugees from Central America, facing the same prejudice, deprivation, and the same barriers to resettlement and safety imposed by our own government.”

9/6/2014 - President Obama Doubles Down on Immigration Failures: Delays Executive Action and Ramps Up Jailing of Families  
AILA President Leslie Holman reacts to the delay on executive action, saying “The attempt to deny protection to desperate refugees, and the delay on immigration action, make absolutely no fiscal or moral sense, and are built on questionable political assumptions.”

9/5/2014 - AILA Quicktake #96: AILA Recommendations on Administrative Reform  
In this Quicktake, AILA Executive Director Crystal Williams discusses what some of AILA's recommendations to the Administration on executive action have been.

9/5/2014 - Nevada Chapter: Minutes from the USCIS Las Vegas Field Office Meeting (4/25/14)   (.pdf 462 KB)
Minutes from the Nevada chapter’s 4/25/14 liaison meeting with USCIS Las Vegas field office, discussing the following topics: advance parole, adjustment of status and naturalization interview time frames, and Infopass appointments.

9/5/2014 - CA7 Says Petitioner Is Eligible for §212(c) Relief   (.pdf 620 KB)
The court remanded the §212(c) denial, concluding the BIA committed legal error by failing to follow its own precedent and giving substantial weight to an arrest report absent a conviction or corroborating evidence of the allegations contained therein. (Avila-Ramirez v. Holder, 8/21/14)

9/5/2014 - Video: Snapshots from Artesia: September 5, 2014  
Special Edition: AILA member Christina Brown shares information about her successful asylum merits hearing yesterday and other AILA members on the ground in Artesia document their experiences as they offer pro bono services to Central American detainees at the family detention center.

9/5/2014 - Daily Immigration News Clips – September 5, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 5, 2014.

9/5/2014 - CA1 Upholds Asylum Denial for Somali Petitioner   (.pdf 477 KB)
The court denied the petition for review, upholding the IJ and BIA’s adverse credibility determination for the Somali petitioner seeking asylum who used various, inconsistent bases. (Ahmed v. Holder, 9/2/14)

9/5/2014 - TRAC Report Finds Immigration Court Backlog Nears 400,000  
Transactional Records Access Clearinghouse (TRAC) report finding that the number of cases awaiting resolution in the immigration courts has grown to 396,552 by the end of July 2014. The California Immigration Courts continue to have the greatest backlog, followed by Texas and New York.

9/5/2014 - AILA’s Fundamentals Conference – Early-Bird Savings End 9/22  
Immigration law is a complex and demanding field. With pre-recorded training sessions and an information-packed live event, AILA’s October 16–17 conference in New Orleans is designed to give you a solid foundation for success. If you’re just getting started in the field, register soon and save.

9/5/2014 - CA10 Asks BIA to Clarify Whether Discrepancies Provide Sufficient Basis for Denying Cancellation   (.pdf 527 KB)
The court held the BIA acted within its discretion in rejecting the wife’s ineffective representation of counsel claim but remanded the husband’s claim to clarify whether the discrepancies relating to continuous residence were sufficient for denying cancellation. (Rivera v. Holder, 8/19/14)

9/5/2014 - CA8 Denies Petitions to Review Asylum Denial for Burmese Petitioner   (.pdf 482 KB)
The court held the BIA did not abuse its discretion in denying the Burmese petitioner’s motion to remand and motion to reopen, citing numerous inconsistencies in her asylum claim relating to harm allegedly suffered in the Burmese army and in Thailand. (Lee v. Holder, 8/28/14)

9/5/2014 - Nevada Chapter: Minutes from the USCIS District Office Meeting (10/23/13)   (.pdf 510 KB)
Minutes from the Nevada chapter’s 10/23/13 liaison meeting with USCIS discussing the following topics: biometrics, evidentiary issues, RFEs, Infopass , processing times, and more.

9/5/2014 - EB-5 Processing Time Report (9/4/14)   (.pdf 545 KB)
EB-5 Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.

9/5/2014 - National Benefits Center Processing Time Report (9/4/14)   (.pdf 553 KB)
NBC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.

9/5/2014 - Vermont Service Center Processing Time Report (9/4/14)   (.pdf 618 KB)
VSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.

9/5/2014 - Texas Service Center Processing Time Report (9/4/14)   (.pdf 600 KB)
TSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.

9/5/2014 - Nebraska Service Center Processing Time Report (9/4/14)   (.pdf 592 KB)
NSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.

9/5/2014 - California Service Center Processing Time Report (9/4/14)   (.pdf 625 KB)
CSC Processing Time Report released on 9/4/14 with updated processing dates as of 7/31/14.

9/5/2014 - CA6 Vacates and Remands, Finds Petitioner Timely Retracted His False Asylum Testimony   (.pdf 540 KB)
The court vacated the BIA’s decision that the petitioner’s voluntary confession of false asylum testimony was not retracted because it was untimely, and remanded for the BIA to determine his eligibility for cancellation of removal. (Ruiz v. Holder, 8/29/14)

9/5/2014 - Your AILA8 for September 4, 2014  
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.

9/5/2014 - AILA Leadership Blog: Welcoming the Children to New York  
In this blog post, Camille Mackler, AILA NYC Co-Media Liaison, offers a look into what went into two recent events in New York City focused on helping migrant children integrate into the community and access important services, including legal assistance.

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