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9/2/2014 - Your AILA8 for September 2, 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.

9/2/2014 - BIA Terminates Removal Proceedings for Respondent from Bosnia-Herzegovina   (.pdf 870 KB)
Unpublished BIA decision finding that respondent’s willful misrepresentations of his military service in the Army of the Republika Srpska were not material, as they could not have influenced the decision to admit him as a refugee and grant his adjustment application. Courtesy of Paul Djurisic.

9/2/2014 - BIA Dismisses Charges of Removability Under INA §§237(a)(2)(A)(iii) and 237(a)(2)(E)(i)   (.pdf 853 KB)
Unpublished BIA decision terminating removal proceedings, finding Ninth Circuit law precluded respondent from being removable for an aggravated felony and his conviction of attempted child molestation under Washington law did not qualify as a crime of child abuse. Courtesy of Robert L. Jaeggli.

9/2/2014 - 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.

9/2/2014 - CBP Practice Alert: “Implied Departure” and Denial of USCIS Benefits  
CBP practice alert regarding reports from multiple members who have received erroneous denials of COS and AOS applications where the client had purchased, but not used, an airline ticket to depart the U.S. CBP has already informed USCIS of this issue and expects a speedy resolution.

9/2/2014 - AILA Notes from SCOPS Teleconference (8/27/14)   (.pdf 1049 KB)
AILA notes from a teleconference with SCOPS on 8/27/14. Topics include processing of FY2015 cap-subject H-1B petitions, G-28s, LCA and O*NET issues, duplicate receipting of cap subject H-1B petitions, implications of 2013 government shutdown, file transfer delays, I-290Bs, and I-765s.

9/2/2014 - President Obama Announces Intent to Nominate New ICE Assistant Secretary   (.pdf 544 KB)
White House press statement announcing President Obama's intent to nominate Sarah R. Saldaña to be Assistant Secretary of ICE. Ms. Saldaña currently serves as the U.S. Attorney for the Northern District of Texas and is a member of the Attorney General's Advisory Committee.

9/2/2014 - Send Us Your Feedback on Office of Special Counsel’s Flyers and Seminars  
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 9/30/14.

9/2/2014 - Call for Examples: USCIS Denials for Abandonment Based on "Implied Departures"  
Has USCIS denied your client’s change of status (COS) request or adjustment of status (AOS) application due to abandonment when s/he has not actually left the country? If so, submit your examples today!

9/2/2014 - AILA Comments on USCIS Interim Memo on Adjudication of H-1Bs for Nursing Positions   (.pdf 1667 KB)
AILA comments in response to USCIS’s interim memorandum with guidance on the adjudication of H-1B petitions for nursing positions and how to determine whether or not a nursing position meets the definition of a specialty occupation.

9/2/2014 - AILA's September Removal Defense Conference Is Nearly Sold Out  
Registration for AILA's September 19, 2014, Fall CLE Conference in Seattle is already close to capacity. This hands-on conference is designed to delve deep into all matters regarding removal and solidify your knowledge and understanding of removal defense. Register soon, before it sells out!

9/2/2014 - Daily Immigration News Clips – September 2, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on September 2, 2014.

9/2/2014 - AILA Leadership Blog: Action on Immigration is Long Overdue  
Mo Goldman, Chair of AILA’s Media Advocacy Committee, shares his perspective about why the President should “Go Big” on immigration reform through executive action given the disappointing inaction by Congress.

9/2/2014 - USCIS Feedback Sessions on ELIS and Online Customer Service Tools   (.pdf 770 KB)
USCIS invitation to feedback sessions hosted at USCIS field offices around the country where USCIS will preview new online customer service tools and electronic filing features in ELIS. Facilitators will be on-site to observe how volunteers use the online tools and may ask for individual feedback.

8/29/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

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

8/29/2014 - Settlement Agreement Requires Government Reforms to Voluntary Return System   (.pdf 2607 KB)
Settlement agreement reached in an ACLU class action law suit challenging DHS agents’ use of intimidation or misinformation to pressure plaintiffs to agree to voluntary return. Settlement includes reforms to voluntary return system and allows some plaintiffs to return to U.S.

8/29/2014 - BIA Holds Conviction Waived Under 212(c) Cannot be Charged as One of Multiple CIMTs  
Unpublished BIA decision holds that charge of deportability based on two CIMT convictions cannot be sustained if a 212(c) waiver was granted with respect to one of the convictions, distinguishing Matter of Balderas. Special thanks to IRAC. (Matter of Romero, 6/10/14)

8/29/2014 - BIA Reopens Sua Sponte to Permit Adjustment Based on Same-Sex Marriage  
Unpublished BIA decision reopens proceedings sua sponte in light of respondent’s marriage to his U.S. citizen husband and Supreme Court and BIA decisions recognizing the validity of same-sex marriages under the immigration laws. Special thanks to IRAC (Matter of Lopez, 6/10/14)

8/29/2014 - AILA Leadership Blog: The United States Must Do Better for Same-Sex Partners of Asylum Grantees  
Michael Jarecki advocates for LGBT individuals seeking asylum who “leave behind a same-sex partner who cannot become a spouse, as same-sex marriage is not legal in the asylee’s home country,” meaning that the partner “does not qualify to follow-to-join under U.S. immigration law.”

8/29/2014 - Video: Snapshots from Artesia: August 29, 2014  
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.

8/29/2014 - Notes from USCIS FOIA Stakeholder Meeting   (.pdf 579 KB)
Notes from the 8/20/14 USCIS FOIA meeting, including an overview of how FOIA cases are handled by the agency, success stories, best practices for submitting a FOIA request, and more.

8/29/2014 - OSC TAL on Including OPT Information in International Student Registry   (.pdf 583 KB)
An 8/19/14 Technical Assistance Letter (TAL) from DOJ’s Office of Special Counsel with guidance whether an organization can ask for and include OPT application and approval dates in an international student registry that is made available to prospective employers or recruiters.

8/29/2014 - 2014 Visa Reciprocity Changes (Updated 8/29/14)  
DOS updates the visa reciprocity tables, including updated information for Costa Rica.

8/29/2014 - Daily Immigration News Clips – August 29, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 29, 2014.

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

8/28/2014 - CA9 Finds Indian Petitioner Eligible for Asylum Based on His Imputed Political Opinion   (.pdf 561 KB)
The court found the petitioner eligible for asylum and withholding, holding that mixed-motive analysis applies to cases governed by the REAL ID Act and that the petitioner’s imputed political opinion was at least one central reason the Indian police targeted him. (Singh v. Holder, 8/26/14)

8/28/2014 - CA9 Holds Substantial Evidence Does Not Support BIA’s Adverse Credibility Determination   (.pdf 536 KB)
The court remanded, finding the BIA’s adverse credibility determination was flawed when it relied on petitioner’s omission until cross-examination of details concerning third parties, which were not contradictory to his earlier testimony or application materials. (Lai v. Holder, 8/25/14)

8/28/2014 - DOL Alert: New PERM Password Requirements   (.pdf 477 KB)
DOL alert regarding PERM password requirements beginning 8/25/14. From this date forward, PERM passwords will need to be changed every 90 days and must meet certain criteria to be valid.

8/28/2014 - Practice Pointer: AAO Transfer Issues (Updated 8/28/14)  
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.

8/28/2014 - AIM: Deporting Our Families  
In August's Interview of the Month, we're joined by Yuri Gomez to discuss the impact that family deportations has on the U.S. citizen children left behind.

8/28/2014 - BIA Finds Respondent a Flight Risk but Sets Bond at $5,000   (.pdf 646 KB)
Unpublished BIA decision holding that although the respondent is a flight risk, evidence of a fixed address, significant family ties, and her claim of relief from removal provides incentive for her to appear for future immigration proceedings and sets a bond of $5,000.

8/28/2014 - 2014 AILA Colorado Chapter Rocky Mountain Immigration Law Update (Update 8/28/14)  
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.

8/28/2014 - Call for Examples: PERM Decisions Based on Educational Equivalency Language  
AILA's DOL Liaison Committee is seeking examples of adjudicated PERM applications that included language to the effect that employer would accept, in lieu of a degree, education and experience as determined by a professional evaluation service to be equivalent to the required degree.

8/28/2014 - Practice Advisory: Initial DACA and DACA Renewals   (.pdf 988 KB)
AILA, the American Immigration Council, and the National Immigration Project issued a joint practice advisory with updated information about Initial DACA and DACA Renewal, while also offering strategic advice for attorneys representing individuals who may qualify for DACA.

8/28/2014 - USCIS No Longer Using Red Ink for Secure Stamps   (.pdf 564 KB)
CBP alert that on 7/1/14, USCIS began using blue ink for many of its secure stamps. The older secure red ink will be retired and no longer used by USCIS. Alert includes a list of stamps that will be blue and a list of stamps that are black.

8/28/2014 - Daily Immigration News Clips – August 28, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 28, 2014.

8/28/2014 - Six Questions to Ask Yourself at the End of Every Week  
Before running out the office door this Friday, take a deep breath, relax and give yourself six minutes to answer these six simple questions.

8/28/2014 - DOS Interim Final Rule on Changes to Fees for Visa and Citizenship Services  
DOS interim final rule amending the schedule of fees for visa and citizenship services and lowering the hourly consular officer time charge. This interim final rule becomes effective 9/6/14 and comments are due by 10/21/14. (79 FR 51247, 8/28/14)

8/28/2014 - AILA Comments on Proposed Changes to SEVIS Form DS-2019   (.pdf 572 KB)
AILA comments in response to proposed revisions to SEVIS Form DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-Nonimmigrant), recommending that the modifications to the insurance requirements be stricken from the proposed changes to Form DS-2019.

8/27/2014 - USCIS Invitation to Teleconference on H-1Bs and Religious Workers   (.pdf 581 KB)
USCIS invitation to a 9/25/14 teleconference with CSC and VSC. There will be two, 45-minute sessions, with the first session on H-1B filing tips and the second session on the eligibility requirements for religious workers. Registration information included.

8/27/2014 - VOICE: September 2014  
In the September 2014 VOICE, learn about the Central American humanitarian crisis and the efforts to preserve the due process rights of the migrants fleeing to the United States, the potential benefits of district court litigation over an administrative appeal, AILA’s Liaison Department, and more!

8/27/2014 - Your AILA8 for August 27, 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.

8/27/2014 - CA8 Vacates and Remands, Asks BIA to Clarify Frivolous Asylum Determination   (.pdf 492 KB)
The court found the BIA did not adequately explain its frivolous asylum determination relating to the fabrication of the preparer’s name and remanded with instructions to reconsider and clarify its decision. (Limbeya v. Holder, 8/22/14)

8/27/2014 - AILA Leadership Blog: Ignoring the Economics of Immigration  
In response to a recent piece about the “cost to taxpayers” of legalization in Forbes, AILA First Vice President Bill Stock argues that legalization of the undocumented is not only compassionate, but there is “substantial evidence that it will be an economic benefit as well.”

8/27/2014 - CA8 Declines to Review Cancellation Denial for Lack of Jurisdiction   (.pdf 474 KB)
The court found it lacked jurisdiction to review the BIA’s discretionary finding that petitioner’s removal would not result in extreme hardship and that there was no right to due process in the cancellation of removal remedy. (Hernandez-Garcia v. Holder, 8/25/14)

8/27/2014 - Practice Alert: Duplicate Biometrics Appointment Notices (Updated 8/27/14)  
USCIS is aware of the issue of duplicate biometrics notices being issued in some cases and has stated that if a duplicate notice is received and the client has already attended an ASC appointment and had biometrics captured, it should not be necessary to attend the second appointment.

8/27/2014 - USCIS Requests Comments on Customer Service Addition to Policy Manual  
USCIS seeks input on the recently released update to the USCIS Policy Manual on customer service. Instructions for submitting comments are included. Comments are due by 9/9/14.

8/27/2014 - Register for the September 17 Monthly EB-5 Teleconference  
AILA is launching a monthly teleconference series designed to answer EB-5 questions in this growing area of immigration law. E-mail case-specific questions in advance. Hosted by AILA's EB-5 Liaison Committee, registration is limited to 100 members. Participation costs only $15, so register today

8/27/2014 - Daily Immigration News Clips – August 27, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 27, 2014.

8/26/2014 - CBP Request for Comments on CBP Forms I-94, I-94W, and ESTA  
CBP 60-day notice and request for comments on CBP Form I-94 (Arrival/Department Record), CBP Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure), and the Electronic System for Travel Authorization (ESTA). Comments are due by 10/27/14. (79 FR 50927, 8/26/14)

8/26/2014 - AILA Leadership Blog: After a Month in Artesia  
In this Leadership Blog post, AILA member Christina Brown writes about her experience volunteering at the Artesia family detention center for a month and the multitude of emotions resulting from that experience which have only reinforced her commitment to return in the fall.

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

8/26/2014 - BIA Says Guatemalan Victim of Domestic Violence Is a Member of a Particular Social Group   (.pdf 578 KB)
The BIA held depending on specific facts, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group for asylum or withholding purposes. AILA submitted an amicus brief on this case. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)

8/26/2014 - FREE Shipping on AILA Print Publications!  
The final week of the August Specials brings you FREE shipping on ALL print publication orders. Enter SS814FREE during checkout on AILA Agora. Excludes previous/existing orders. Cannot be combined with other offers. Expires August 31, 2014.

8/26/2014 - CA2 Says Affidavits Do Not Suggest Egregious Constitutional Violations   (.pdf 717 KB)
The court denied the petitions for review, finding that the affidavits did not suggest egregious constitutional violations, as the day laborer petitioners were self-selected, and this could not support a basis for excluding the evidence. (Maldonado v. Holder, 8/14/14)

8/26/2014 - China EB-5 “Unavailable” for Remainder of FY2014: What Does This Mean?   (.pdf 797 KB)
The AILA EB-5 Liaison Committee provides a practice alert examining the practical implications of Charles Oppenheim’s announcement that the maximum number of visas that may be made available for use by China EB-5 applicants during FY2014 had been reached, effective 8/23/2014.

8/26/2014 - USCIS Issues Policy Guidance on Customer Service Standards   (.pdf 656 KB)
USCIS updated its Policy Manual to include guidance on customer service standards, including information on responding to customer inquiries, NCSC, privacy and confidentiality, customer complaints, SRMTs, reporting allegations of misconduct, expedite requests and cell phone usage in USCIS offices.

8/26/2014 - FY2014 H-2B Cap Count (Updated 8/26/14)  
As of 8/22/14, USCIS receipted 26,730 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 25,915 approved and 815 pending beneficiaries. Information on the first half of FY2015 is also available.

8/26/2014 - 2014 AILA Central Florida Chapter Annual Conference  
Basics and Beyond at the Beach
October 17-18, 2014
Hyatt Regency Clearwater Beach Resort and Spa
Clearwater Beach, Florida

8/26/2014 - 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.

8/26/2014 - Daily Immigration News Clips – August 26, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 26, 2014.

8/25/2014 - IJ Grants Motion to Suppress, Finds Traffic Stop Was Egregious Violation of Fourth Amendment  
The IJ granted the motions to suppress and terminated removal proceedings for two respondents, finding respondents showed the traffic stop was unconstitutional, as it was not done “pending inquiry into a vehicular violation,” but because of ethnic appearance. Courtesy of Brian C. DiFranco.

8/25/2014 - Your AILA8 for August 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.

8/25/2014 - BIA on Terminating Deferral of Removal Under CAT   (.pdf 644 KB)
The BIA concluded that collateral estoppel does not prevent the IJ from reevaluating the alien’s credibility by comparing testimony when granted deferral of removal to testimony given at the termination hearing under 8 CFR §1208.17(d)(3). Matter of C-C-I-, 26 I&N Dec. 375 (BIA 2014)

8/25/2014 - CA3 Affirms Cancellation Denial and Ineligibility for §212(h) Relief   (.pdf 549 KB)
The court found Va. Code Ann. §54.1-3466 was sufficiently "related to" controlled substances for purposes of §212(a)(2)(A)(i)(II) and an inconclusive record of conviction did not satisfy petitioner’s burden of demonstrating eligibility for relief from removal. (Syblis v. Att'y Gen., 8/18/14)

8/25/2014 - TRAC Immigration Court Backlog Online Resource Tool  
Online resource tool from Transactional Records Access Clearinghouse (TRAC) which provides sortable national data on pending cases and length of wait times in immigration courts.

8/25/2014 - CSC Liaison Notes from CSC Open House (6/11/14)   (.pdf 750 KB)
AILA CSC Liaison Committee’s unofficial notes from the 6/11/14 CSC Open House. Topics include: cap-subject H-1B petitions for FY2015, H-1B extensions, denials of O-1 petitions, J-1 waivers, updated contact information for CSC, L-1As, I-130 process, RFEs, NOIDs, and G-28s.

8/25/2014 - Practice Pointer: Getting USCIS to Recognize the G-28 (Updated 8/25/14)  
The VSC Liaison Committee provides a practice pointer on how to interfile a G-28 in order for it to be recognized as part of the record.

8/25/2014 - BIA Dismisses DHS Interlocutory Appeal Challenging Administrative Closure  
Unpublished BIA decision declines to consider DHS interlocutory appeal challenging a decision to administratively close proceedings involving a detained respondent to await the adjudication of an I-130 visa petition filed on his behalf. (Matter of Bronco-Antonio, 6/9/14)

8/25/2014 - BIA Rescinds In Absentia Order of Respondent with Credible Fear  
Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)

8/25/2014 - DOL Open Forum Notes from AILA's Annual Conference (6/20/14)   (.pdf 483 KB)
DOL Liaison Committee provides notes from the DOL Open Forum at AILA’s Annual Conference on 6/20/14. Topics include: prevailing wage issues, including the “all other” SOC code and ACWIA designation, listing beneficiary qualifications on the 9089, audit tiers, the Help Desk, and case consolidation.

8/25/2014 - AILA Ethics Compendium (Updated 8/25/14)  
The AILA Ethics Compendium is a multi-year project of the AILA Ethics Committee to analyze state and federal professional conduct rules, court opinions, legal ethics opinions, and other authority to provide information and guidance to immigration lawyers.

8/25/2014 - Member Comment Period: AILA Ethics Compendium - ABA Model Rule 1.3 Diligence  
All lawyers know they cannot neglect a client’s case. But understanding what actually amounts to neglect may not always be clear. This chapter of the AILA Ethics Compendium covers MR 1.3 Diligence. Please provide comments on the breadth, scope, and readability of the chapter by 9/26/14.

8/25/2014 - Daily Immigration News Clips – August 25, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 25, 2014.

8/23/2014 - DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014  
Charles Oppenheim, Chief of the DOS Immigrant Visa Control and Reporting Division announced at the AILA EB-5 conference that effective Saturday, August 23, 2014, the maximum number of visas that may be made available for use by China EB-5 applicants during FY2014 has been reached.

8/22/2014 - Your AILA8 for August 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.

8/22/2014 - AILA/EOIR Liaison Meeting Minutes (4/10/14)   (.pdf 800 KB)
Minutes from the 4/10/14 AILA EOIR Liaison Committee meeting with EOIR. Topics include eRegistry and eFiling, asylum and withholding cases, immigration court and BIA backlogs, implementation of the policy for detainees with serious mental disorders, the BIA zip code, U visas and the practice manual.

8/22/2014 - BIA Reverses Visa Petition Revocation Based on Insufficient NOIR  
Unpublished BIA decision reverses revocation of approved visa petition, finding the evidence in the record did not support the allegations of marriage fraud in the Notice of Intent to Revoke (NOIR). Special thanks to IRAC. (Matter of Bamfo, 6/5/14)

8/22/2014 - Groups Sue over Artesia Deportation Process for Mothers and Children Escaping Violence in Central America   (.pdf 595 KB)
Complaint filed by AIC and other advocacy groups against the government, challenging policies denying due process to mothers and children who have fled extreme violence in Central America and are detained in Artesia, NM and asking the court to halt deportations. (M.S.P.C. v. Johnson, 8/22/14)

8/22/2014 - 2014 AILA Iowa/Nebraska Chapter Fall Conference  
It’s a Jungle Out There
September 12, 2014
8:00 a.m. – 5:00 p.m.
Omaha’s Henry Doorly Zoo
3701 S. 10th Street
Omaha, Nebraska 68107
This event is not being organized by the AILA National Office.

8/22/2014 - BIA Holds Guilty Plea Without Conviction Not an Admission of Crime  
Unpublished BIA decision states that a guilty plea which results in something less than a "conviction" is not tantamount to an "admission" of the crime. Special thanks to IRAC. (Matter of Garcia, 6/5/14)

8/22/2014 - September GMS Conference Call: Welcome to Scandinavia (9/9/14)  
September 9, 2014
10am EDT
Teleconference

8/22/2014 - DHS Annual Flow Report on Nonimmigrant Admissions During 2013   (.pdf 634 KB)
DHS Office of Immigration Statistics’ Annual Flow Report on nonimmigrant admissions to the U.S. during 2013, including information on the nonimmigrant admissions process, and characteristics including class of admission, country of citizenship, port of entry, and state of destination.

8/22/2014 - USCIS Invitation to Upcoming E-Verify Webinars (Updated 8/22/14)   (.pdf 641 KB)
USCIS invitation to E-Verify in 30 webinars (learn E-Verify basics in 30 minutes or less) and Evenings with E-Verify webinars (learn about E-Verify in later sessions in the day). Registration invitation included.

8/22/2014 - AILA Leadership Blog: When Justice Isn’t Allowed to be Blind  
In this blog post, Ally Bolour, member of AILA’s Media Advocacy Committee interviews retired Immigration Judge Bruce Einhorn about Immigration Judge Ashley Tabaddor’s efforts to fight a DOJ order to recuse herself from all Iranian cases due to her ethnicity.

8/22/2014 - AILA EB-5 Alert: USCIS Updates ELIS Process for Filing Form I-526   (.pdf 676 KB)
AILA EB-5 Liaison Committee provides a practice alert on USCIS updates to the ELIS system for filing Form I-526. The committee also requests feedback from members who file I-526 petitions through this latest version of ELIS by e-mailing reports@aila.org, subject line, “ELIS I-526 Feedback.”

8/22/2014 - Daily Immigration News Clips – August 22, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 22, 2014.

8/21/2014 - Your AILA8 for August 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.

8/21/2014 - AILA NBC Liaison Committee Meeting Minutes (5/9/14)   (.pdf 591 KB)
Meeting minutes from the AILA NBC Liaison Committee’s meeting with the National Benefits Center on 5/9/14. Topics included: I-485 and I-130 processing times, transfer notices issues, RFEs, I-601A provisional waivers, and adjustment of status based on VAWA.

8/21/2014 - New England Chapter USCIS Liaison Meeting Minutes (6/5/14)   (.pdf 694 KB)
New England Chapter minutes from a liaison meeting with USCIS District 1 on 6/5/14. Topics include: processing times, staffing changes, InfoPass and ASC policies, general adjudication process questions, case processing questions, and naturalization.

8/21/2014 - CA5 Declines to Review Special Rule Cancellation Denial   (.pdf 542 KB)
The court concluded the government was not required to charge petitioner’s narcotics conviction in the NTA for that conviction to serve as a ground of inadmissibility for cancellation of removal for victims of domestic violence under INA §240A(b)(2). (Rodriguez-Benitez v. Holder, 8/13/14)

8/21/2014 - A Simple Way to Organize Outlook Folders  
Is the left-hand list of your Outlook folders and subfolders getting too long and unwieldy, making it hard to locate those important filed-away e-mails? Try this quick fix in this week’s PST that helps move those important folders to the top of your alphabetized Outlook folders.

8/21/2014 - CA8 Says Petitioner’s Due Process Rights Were Not Violated in Cancellation Denial   (.pdf 499 KB)
The court denied the petition, concluding that the BIA did not err in finding the evidence insufficient, and petitioner did not have a constitutionally protected liberty interest in cancellation of removal relief. (Nunez-Portillo v. Holder, 8/15/14)

8/21/2014 - CA9 Grants CAT Relief to Vietnamese Petitioner yet Finds Conviction Is a CIMT   (.pdf 553 KB)
The court granted the petition with respect to the CAT claim, yet held the BIA did not err in determining that petitioner’s conviction of misusing a passport to facilitate an act of international terrorism was a categorical crime involving moral turpitude (CIMT). (Nguyen v. Holder, 8/14/14)

8/21/2014 - VSC Save-the-Date for Stakeholder Event   (.pdf 486 KB)
VSC save-the-date for its 10/24/14 stakeholder event in Essex, VT. VSC will send a formal invitation with registration information but is currently collecting specific topics or themes for the event.

8/21/2014 - SSA POMS on Refugee Evidence for an SSN   (.pdf 652 KB)
SSA POMS announcing that effective 8/3/14, SSA discontinued the use of the Worldwide Refugee Admissions Processing System fax process for verifying refugee status for Enumeration purposes and provides a workaround for when the SAVE initial verification response does not verify refugee status.

8/21/2014 - Video: Snapshots from Artesia: August 21, 2014  
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.

8/21/2014 - CRS Report on Health-Related Grounds for Exclusion   (.pdf 748 KB)
A Congressional Research Service (CRS) report on health-related grounds for exclusion and medical examinations required for visa issuance, as well as port of entry procedures.

8/21/2014 - OSC Settles Discrimination Claim Against Staffing Agency   (.pdf 587 KB)
OSC settlement with Real Time Staffing Services LLC, finding that members of the company’s staff required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility verification process to establish their work authorization.

8/21/2014 - Daily Immigration News Clips – August 21, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 21, 2014.

8/21/2014 - NSC Liaison Q&As from Student, Schools, and Other Product Line Teleconference (8/14/14)   (.pdf 476 KB)
The NSC Liaison Committee’s unofficial Q&As from a stakeholder teleconference with NSC on 8/14/14. Topics included: K-3 and K-4 classification, I-130 processing times, re-entry permits, and DACA backlog.

8/20/2014 - Your AILA8 for August 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.

8/20/2014 - Call for Examples: LCA Denials for NAICS Code  
Have you experienced an LCA denial for an incorrect NAICS code, where the NAICS code was fewer than 4 digits and zeros were used as placeholders? The DOL Liaison Committee requests your examples by Wednesday, August 27.

8/20/2014 - Video: Snapshots from Artesia: August 20, 2014  
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.

8/20/2014 - CA6 Finds Employer Personally Liable for Back Wages, Costs of Obtaining J-1 Waivers and H-1B Visas   (.pdf 561 KB)
The court affirmed the district court decision finding the employer personally liable and the medical clinics corporately liable for back wages and the costs of obtaining J-1 waivers and H-1B visas, and for violating numerous other INA provisions. (Kutty v. DOL, 8/20/14)

8/20/2014 - Free This Month on Agora  
AILA free items for August are now available. Read about marketing techniques to start and grow your practice. Also AILA has pulled all of its free practice resources on assisting unaccompanied minors and families together in one place. Check them out today!

8/20/2014 - AILA Recorded Seminars: Knowledge and CLE Credits  
From business, litigation, and asylum issues, to consular practice, waivers, deportation, and more, AILA downloadable web and audio seminars are an easy way to stay informed and earn CLE credits. Review the full selection of over 200 seminars on Agora.

8/20/2014 - AILA 2013 Form 990 Public Disclosure Copy   (.pdf 1389 KB)
AILA has filed its Form 990 with the Internal Revenue Service for calendar year 2013.

8/20/2014 - Minutes from AILA/CBP Teleconference with ESTA Director (8/6/14)   (.pdf 476 KB)
CBP Liaison Committee’s minutes from an 8/6/14 teleconference with ESTA Director Suzanne Shepherd on issues with the I-94 web portal and travel history information. Topics include: incomplete or inaccurate data on web portal, redress for falsely recorded departures, and automated I-94 corrections.

8/20/2014 - CA2 Says Written Warning on Asylum Application Satisfies Notice Requirement Under INA §208 (d)(4)(A)   (.pdf 467 KB)
The court held the BIA did not err in denying the adjustment application, as the petitioner received adequate notice of the consequences of filing a frivolous asylum claim through the written warning on the application, and the IJ did not need to warn him. (Niang v. Holder, 8/13/14)

8/20/2014 - USCIS Instructions for Overnight Delivery or Courier Service Usage (Updated 8/20/14)   (.pdf 612 KB)
USCIS issued a clarification to its 8/12/14 alert regarding prepaid air bills and shipping labels. Updated instructions include a list of types of documents eligible for use of delivery service. If delivery costs are not paid in full, USCIS will send the documents via regular U.S. mail.

8/20/2014 - Call to All AILA Members: Questions Sought for 9/11/14 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 business issues. Meeting will discuss the following: premium processing, I-140, I360, I485 EB and waivers as appropriate.

8/20/2014 - USCIS Performance Data on All Form Types for 2014   (.pdf 545 KB)
USCIS statistics on all USCIS form types for FY2014, broken down by category (family, employment, humanitarian, citizenship and naturalization, and "other"), by case status (received, approved, denied, pending), and by fiscal year quarter.

8/20/2014 - DOL Alert: iCERT and PERM Unavailable between 8/22 and 8/25  
DOL alert that both the iCERT and PERM systems will be unavailable Friday, August 22 through Monday, August 25.

8/20/2014 - DOS Designation of Mujahidin Shura Council in the Environs of Jerusalem as a Foreign Terrorist Organization  
DOS notice of the determination of Mujahidin Shura Council in the Environs of Jerusalem (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 49368, 8/20/14)

8/20/2014 - USCIS Performance Data on DACA Applications   (.pdf 555 KB)
USCIS statistics on I-821D DACA applications, broken down by intake (accepted and rejected), biometrics, and case status (received, approved, denied, or pending) for FY2012 through FY2014, with FY2014 data through the third quarter.

8/20/2014 - USCIS Performance Data on N-400 Applications for Third Quarter of FY2014   (.pdf 571 KB)
USCIS statistics on N-400 applications including both military and nonmilitary cases, broken down by case status (received, approved, denied, or pending) and by USCIS field office or service center location for the third quarter of FY2014.

8/20/2014 - USCIS Performance Data on I-914 Petitions for U Nonimmigrants   (.pdf 532 KB)
USCIS statistics on I-918 petitions for U nonimmigrant status, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.

8/20/2014 - USCIS Performance Data on I-914 Petitions for T Nonimmigrants   (.pdf 548 KB)
USCIS statistics on I-914 applications for T nonimmigrant status, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.

8/20/2014 - USCIS Performance Data on I-829 Petitions   (.pdf 599 KB)
USCIS statistics on I-829 EB-5 petitions, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.

8/20/2014 - Check-in with DOS’s Charlie Oppenheim (8/12/14)  
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.

8/20/2014 - USCIS Performance Data on I-526 Petitions   (.pdf 550 KB)
USCIS statistics on I-526 EB-5 petitions, broken down by case status (received, approved, denied, or pending) for FY2008 through FY2014, with FY2014 broken down by quarter.

8/20/2014 - USCIS Performance Data on H-2A Petitions for Third Quarter of FY2014   (.pdf 715 KB)
USCIS statistics on I-129 H-2A petitions, broken down by case status (received, approved, denied, or pending) and petitioner location (by state and company) for the third quarter of FY2014.

8/20/2014 - Daily Immigration News Clips – August 20, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on August 20, 2014.

8/20/2014 - USCIS Performance Data on I-485 Applications for Third Quarter of FY2014   (.pdf 590 KB)
USCIS statistics on I-485 applications, broken down by status (received, approved, denied, or pending), category of admission, and location (field office or service center) for the third quarter of FY2014.

8/20/2014 - USCIS Performance Data on I-130 Petitions for Third Quarter of FY2014   (.pdf 574 KB)
USCIS statistics on I-130 petitions, broken down by case status (received, approved, denied, or pending), category of petition, and location (field office or service center) for the third quarter of FY2014.

8/20/2014 - AAO Sustains Appeal of I-601 Waiver for Unlawful Presence and Finds Assault Conviction Is not a CIMT   (.pdf 944 KB)
AAO decision sustaining appeal of an I-601 waiver for unlawful presence, finding applicant’s spouse would suffer extreme hardship and the conviction under Maryland Code Art 27, §12A(a) and (b) for simple assault was not a crime involving moral turpitude (CIMT). Courtesy of Michelle Mendez.

8/20/2014 - Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America (Updated 8/20/14)  
A compilation of both AILA resources and other organization resources to help attorneys provide legal services in the United States to unaccompanied children and families affected by the Central American humanitarian crisis.

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