Kurzban's Immigration Law Sourcebook

Kurzban's Sourcebook will help you locate the law on any immigration topic. It comprehensively summarizes and breaks down this complicated area of practice into concise and easy to understand bullet points.

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Member Survey on Providing Legal Services to Unaccompanied Children

Unaccompanied Children
AILA is seeking members who may be willing (but not obligated) to provide pro bono legal services to unaccompanied children as plans develop to address this humanitarian crisis. Please indicate your interest by completing this survey.

 

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Reaching out to Media

Have a great story idea you want to pitch to reporters? Want to talk to someone about how to work with the press? Check out the Press Room for recent statements and ask AILA’s Communications Team for advice and guidance. We’ll be happy to help!

Perform Smarter Legal Research—For Free!

Access decisions of the U.S. Supreme Court, federal circuit and district courts, the BIA, and the U.S. bankruptcy courts as part of your membership benefits. Just click on the Fastcase logo.

New Deferred Action Category for Immigration Lawyer Search

AILA has added Deferred Action (DREAM) to the Immigration Lawyer Search (ILS), www.ailalawyer.com. We are hoping that this category will prove to be useful to those young people who may be looking for an immigration lawyer for their deferred action issues. Sign up for the ILS for FREE today!

Navigate the Consular Maze

The Consular Practice Handbook, 2012 Edition, offers practical analysis and guidance to help you avoid hidden traps in consular processing. It covers I-601 waivers, PIMS, advisory opinions, DV lottery, and more. Get your copy today!

Recent Postings

  • 7/23/2014 Legislation Addressing the Central American Humanitarian Crisis (Updated 7/23/14)
    A round-up of all legislation introduced after June 2014 addressing the humanitarian crisis in Central American and the impact on the southern border of the United States.
    AILA Doc. No. 14072152.
  • 7/23/2014 H.R. 5137 - The Asylum Reform and Border Protection Act (Updated 7/23/14)
    On 7/17/14 Representatives Goodlatte (R-VA) and Chaffetz (R-UT) introduced H.R. 5137, the Asylum Reform and Border Protection Act to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”
    AILA Doc. No. 14071749.
  • 7/23/2014 Speaker Boehner Letter to President Obama on TPVRA (.pdf 550 KB) A 7/23/14 letter from Speaker Boehner (R-OH) to President Obama arguing that it will be difficult to make “progress on this issue without strong, public support from the White House for much-needed reforms, including changes to the 2008 [TVPRA] law.”
    AILA Doc. No. 14072352.
  • 7/23/2014 Your AILA8 for July 23, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14072351.
  • 7/23/2014 Unaccompanied Children Legal Call to Action (Updated 7/23/14)
    AILA is seeking members who may be willing (but not obligated) to provide pro bono legal services to unaccompanied children at the southern border, once the specific legal process and need for lawyers becomes clearer. At this time, we are collecting information on member interest only.
    AILA Doc. No. 14070348.
  • 7/23/2014 CA1 Says Connecticut Child Pornography Conviction Is an Aggravated Felony (.pdf 493 KB) The court denied the petition, finding the BIA correctly concluded that it necessarily established that the conviction of possession of child pornography under §53a-193(13)(2003) of the Connecticut statute was an aggravated felony under INA §101(a)(43)(I). (Kaufmann v. Holder, 7/14/14)
    AILA Doc. No. 14072350.
  • 7/23/2014 CA1 Declines to Review Adjustment Denial for Lack of Jurisdiction (.pdf 495 KB) The court dismissed for lack of jurisdiction, finding the IJ properly exercised her discretion in denying the adjustment application, considering the child abuse reports and a criminal charge, and petitioner presented no legal argument to undermine that result. (Jaquez v. Holder, 7/15/14)
    AILA Doc. No. 14072349.
  • 7/23/2014 House GOP Working Group Recommendations on Humanitarian Crisis (.pdf 501 KB) Recommendations of the Republican working group assembled by Speaker Boehner (R-OH) and led by Rep. Kay Granger (R-TX) in response to the humanitarian crisis in Central America.
    AILA Doc. No. 14072348.
  • 7/23/2014 CA1 Finds Salvadoran Petitioner Failed to Show Causation in Asylum Claim (.pdf 469 KB) The court found that although the nuclear family can be a social group that is the target of persecution, the petitioner, a mother of three sons resisting gang violence in El Salvador, failed to show she would be persecuted as a result of her kinship. (Constanza v. Holder, 7/9/14)
    AILA Doc. No. 14072347.
  • 7/23/2014 Daily Immigration News Clips – July 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 23, 2014.
  • 7/23/2014 AILA Talking Points on H.R. 5137 (Goodlatte UAC Bill) (.pdf 680 KB) AILA talking points on H.R. 5137, the “Asylum Reform and Border Protection Act,” by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill dismantles nearly every humanitarian protection available for vulnerable children and will send thousands back to dangerous conditions from which they fled.
    AILA Doc. No. 14072346.
  • 7/23/2014 CBP Request for Comments on Improving Entry Process for International Travelers to the U.S.
    CBP notice for comments on President Obama’s 5/22/14 request for the enhancement of the entry process for international travelers to the U.S. by expediting the arrivals process. Notice includes specific questions CBP is looking for input on. Comments are due by 8/15/14. (79 FR 42503, 7/22/14)
    AILA Doc. No. 14072345.
  • 7/23/2014 USCIS Comment Request on Form I-907
    USCIS 60-day notice of request for comments on proposed revisions to Form I-907, Application for Premium Processing Service. Comments are due by 9/22/14. (79 FR 42523, 7/22/14)
    AILA Doc. No. 14072344.
  • 7/23/2014 DOJ Remarks on Human Smuggling Along the Southwest Border (.pdf 515 KB) DOJ remarks from a DHS press conference on smuggling along the southwest border and joint law enforcement efforts to investigate and prosecute human smugglers. DOJ is prioritizing cases involving smuggling and transporting undocumented individuals and has charged almost 3,000 defendants in FY2013.
    AILA Doc. No. 14072343.
  • 7/23/2014 ICE Announces 192 Criminal Arrests for Human Smuggling in Rio Grande Valley (.pdf 565 KB) ICE press release announcing that as part of ICE’s ongoing operations to crack down on human smuggling in the Rio Grande Valley, 192 smugglers and their associates have been arrested on criminal charges since 6/23/14.
    AILA Doc. No. 14072342.
  • 7/23/2014 USCIS Invitation to Teleconference on Employee Rights and Other Key Topics (.pdf 581 KB) USCIS invitation to an 8/7/14 teleconference to discuss employee rights and verification, and other key topics, including DACA, the unauthorized practice of immigration law, and multilingual materials and outreach.
    AILA Doc. No. 14072341.
  • 7/23/2014 AILA Comments on BLS Revisions to Standard Occupational Classifications (.pdf 594 KB) AILA’s comments in response to the Bureau of Labor Statistics’ (BLS) 2018 revisions to the Standard Occupational Classifications (SOC), including comments on occupations that should be added, occupational descriptions, requirements that should be updated or changed, and related issues.
    AILA Doc. No. 14072340.
  • 7/22/2014 NRC Practice Pointer: FOIA Requests for Form I-130 (Updated 7/22/14)
    The USCIS National Records Center (NRC) has confirmed that for a FOIA request seeking a complete (unredacted) copy of Form I-130, Petition for Alien Relative, a G-28 and/or consent must be completed by both the petitioner and beneficiary of the petition.
    AILA Doc. No. 13082842.
  • 7/22/2014 Your AILA8 for July 22, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14072248.
  • 7/22/2014 The Categorical Approach After Moncrieffe and Descamps
    VOICE is on a brief hiatus until next week. Meanwhile, enjoy one of VOICE’s popular stories from the March issue, where AILA member Mary Kramer analyzes Moncrieffe and Descamps to shed light on the categorical approach to classifying crimes.
  • 7/22/2014 Consumer Alert on DACA Renewals
    Consumer alert available in English and Spanish about renewing Deferred Action grants and avoiding notarios—please share widely!
    AILA Doc. No. 14072247.
  • 7/22/2014 AILA Resources on the Central American Humanitarian Crisis (Updated 7/22/14)
    AILA resources on the surge of unaccompanied minor children and families along the southern border in response to the regional humanitarian crisis in Central America.
    AILA Doc. No. 14070148.
  • 7/22/2014 Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America
    A compilation of both AILA resources and other organization resources to help attorneys provide pro bono legal services in the United States to unaccompanied children and families affected by the Central American Humanitarian Crisis.
    AILA Doc. No. 14072246.
  • 7/22/2014 Sign-on Letter to Senate Appropriations on Counsel for Children (.pdf 589 KB) On 7/22/14, AILA joined 48 organizations in a sign-on letter to the Senate Appropriations Committee on the need for adequate funding for legal representation for all children.
    AILA Doc. No. 14072244.
  • 7/22/2014 AILA CO Chapter and RMAIN PowerPoint: Representing UACs in Immigration Proceedings (.pdf 1441 KB) A 7/16/14 PowerPoint prepared by the AILA Colorado chapter and the Rocky Mountain Immigrant Advocacy Network (RMAIN) to accompany their in-person training on representing unaccompanied children.
    AILA Doc. No. 14072245.
  • 7/22/2014 Share Your Annual Conference Ideas by July 28, 2014
    Share your suggestions for topics to address, speakers to consider, and preferred presentation formats for the 2015 Annual Conference. Your contribution helps ensure that the quality of next year’s event continues the long tradition of excellence.
  • 7/22/2014 DOS 30-Day Notice for Comments on Medical Examination for Immigrant or Refugee Applicant
    DOS 30-day notice for comments on Medical Examination for Immigrant or Refugee Applicant. Comments are due by 8/20/14. (79 FR 42391, 7/21/14)
    AILA Doc. No. 14072243.
  • 7/22/2014 DOS 30-Day Notice for Comments on DS-2019
    DOS 30-day notice for comments on SEVIS Form DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-non-immigrant). Changes include what fields are optional/required and adding the exchange visitor’s mailing and physical addresses. Comments are due 8/20/14. (79 FR 42392, 7/21/14)
    AILA Doc. No. 14072242.
  • 7/22/2014 FY2014 H-2B Cap Count (Updated 7/22/14)
    As of 7/18/14, USCIS receipted 26,015 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 24,769 approved and 1,246 pending beneficiaries. Information on the first half of FY2015 is also available.
    AILA Doc. No. 13100840.
  • 7/22/2014 USCIS Policy Memo on Adjudication of H-1Bs for Nursing Positions (.pdf 512 KB) USCIS policy memo with guidance on the adjudication of H-1B petitions for nursing positions, including situations where an advanced practice registered nurse would qualify for an H-1B and what types of evidence could demonstrate specialty occupation. This memo supersedes any prior guidance.
    AILA Doc. No. 14072241.
  • 7/22/2014 USCIS Invitation to Webinar on Form I-526 in ELIS and the EB-5 Document Library (.pdf 584 KB) USCIS invitation to the 7/30/14 webinar on the usability and functionality of Form I-526, Immigrant Petition by Alien Entrepreneur, in USCIS Electronic Immigration System (ELIS) and the EB-5 document library.
    AILA Doc. No. 14072240.
  • 7/22/2014 2014 Visa Reciprocity Changes (Updated 7/22/14)
    DOS updates the visa reciprocity tables, including updated information for Belarus, Peru, and Vietnam.
    AILA Doc. No. 14010841.
  • 7/22/2014 Daily Immigration News Clips – July 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 22, 2014.
  • 7/21/2014 BIA Holds New York Fourth Degree Arson Not a CIMT
    Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)
    AILA Doc. No. 14072151.
  • 7/21/2014 BIA Says New I-751 Need Not Be Filed in Removal Proceedings
    Unpublished BIA decision holds IJ erred in finding respondent abandoned his I-751, saying he should have relied on joint petition denied by USCIS. Special thanks to IRAC. (Matter of Godke, 5/16/14)
    AILA Doc. No. 14072150.
  • 7/21/2014 Section-by-Section of Goodlatte H.R. 5137 (Goodlatte UAC Bill) (.pdf 703 KB) An AILA section-by-section of H.R. 5137, the “Asylum Reform and Border Protection Act,” introduced by Reps. Goodlatte (R-VA) and Chaffetz (R-UT). The bill seeks to “to stop the surge of children, teenagers, and families from Central America seeking to enter the United States illegally.”
    AILA Doc. No. 14072149.
  • 7/21/2014 BIA Says No Need to Spend 10-Year Bar Under INA §212(a)(9)(A)(ii) Outside the U.S. (.pdf 707 KB) Unpublished BIA decision finding that respondent was not inadmissible under INA §212(a)(9)(A)(ii) and therefore, did not require an I-212 waiver, since more than 10 years had passed since the time he was ordered removed in 2002, even though he reentered in 2006. Courtesy of Araceli Perez-Brizo.
    AILA Doc. No. 14072147.
  • 7/21/2014 AILA Leadership Blog: America’s Leaders Are Failing the Children
    In this blog post, AILA Media-Advocacy Committee Member Dree Collopy describes legislation that is “anything but humane” in addressing a crisis that is one of our country’s “greatest moral challenges in years: how will we treat the migrant children fleeing violence in Central America?”
  • 7/21/2014 Share Your Annual Conference Ideas by July 28
    Share your suggestions for topics to address, speakers to consider, and preferred presentation formats for the 2015 Annual Conference. Your contribution helps ensure that the quality of next year’s event continues the long tradition of excellence.
  • 7/21/2014 Your AILA8 for July 21, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14072148.
  • 7/21/2014 BIA Quashes Subpoena as Overbroad
    Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)
    AILA Doc. No. 14072143.
  • 7/21/2014 OCAHO Topical Index of Cases (Updated July 2014) (.pdf 1785 KB) Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in July 2014.
    AILA Doc. No. 14042455.
  • 7/21/2014 Daily Immigration News Clips – July 21, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 21, 2014.
  • 7/21/2014 Practice Alert: VSC Urges Prompt RFE Response on H-1B Cap Cases
    During a recent telephone conference between the AILA VSC Liaison Committee and senior staff at the VSC, the VSC communicated its goal of adjudicating all FY2015 H-1B cap petitions by mid-August. As such, AILA reminds members to respond as soon as possible to H-1B cap case RFEs.
    AILA Doc. No. 14072142.
  • 7/21/2014 CA6 Says TVPRA Does Not Apply to Former Unaccompanied Minors (.pdf 539 KB) The court held that the IJ had the authority to review the asylum claim, finding the Trafficking Victims Protection Reauthorization Act (TVPRA) did not transfer initial jurisdiction over asylum applications filed by former unaccompanied alien children to USCIS. (Harmon v. Holder, 7/10/14)
    AILA Doc. No. 14072141.
  • 7/21/2014 USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting (.pdf 533 KB) USCIS invitation to the 8/11/14 Asylum Division quarterly stakeholder meeting. The Asylum Division will provide updates and statistics and will be available to answer questions. Interested parties may participate in this event in person only.
    AILA Doc. No. 14072140.
  • 7/21/2014 EB-5 Conference Early-Bird Pricing Ends This Thursday
    Don’t miss AILA’s August 22-23 EB-5 CLE conference in Chicago, featuring over a dozen panels offering “how to” and advanced information, networking opportunities, and access to exhibitors critical to success in the EB-5 practice area. Register by Thursday, July 24 for the lowest rate.
  • 7/18/2014 AILA Comments on USCIS Proposed Changes to Forms G-28 and G-28I (.pdf 729 KB) AILA’s comments in response to USCIS’s proposed changes to Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative and Form G-28I, Notice of Entry of Appearance as Attorney in Matters outside the Geographical Confines of the United States.
    AILA Doc. No. 14071849.
  • 7/18/2014 BIA Says IJs Must Explain Appeal Waiver is Irrevocable
    Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)
    AILA Doc. No. 14071848.
  • 7/18/2014 EB-5 Processing Time Report (7/17/14) (.pdf 548 KB) EB-5 Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071805.
  • 7/18/2014 National Benefits Center Processing Time Report (7/17/14) (.pdf 556 KB) NBC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071804.
  • 7/18/2014 Vermont Service Center Processing Time Report (7/17/14) (.pdf 620 KB) VSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071803.
  • 7/18/2014 Texas Service Center Processing Time Report (7/17/14) (.pdf 599 KB) TSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071802.
  • 7/18/2014 Nebraska Service Center Processing Time Report (7/17/14) (.pdf 602 KB) NSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071801.
  • 7/18/2014 California Service Center Processing Time Report (7/17/14) (.pdf 628 KB) TSC Processing Time Report released on 7/17/14 with updated processing dates as of 5/31/14.
    AILA Doc. No. 14071800.
  • 7/18/2014 Anti-Notario Radio PSAs in English and Spanish
    AILA members are encouraged to share these radio PSAs (available in English and Spanish) with local radio outlets; the PSAs emphasize the importance of avoiding notarios and the importance of speaking to licensed immigration practitioners.
    AILA Doc. No. 14071844.
  • 7/18/2014 AILA: Terrible Legislation Would Shred Protections for Children Seeking Refuge
    AILA’s President Leslie Holman describes two recently introduced bills relating to unaccompanied children that would “essentially gut the protections currently afforded children who may be trafficking victims or are fleeing untenable violence.”
    AILA Doc. No. 14071843.
  • 7/18/2014 NSC Liaison Q&As from Refugee/Asylees Product Line Teleconference (7/10/14) (.pdf 486 KB) The NSC Liaison Committee’s unofficial Q&As from stakeholder teleconference with NSC on 7/10/14. Topics included: employment authorization and adjustment of status for asylees and refugees, I-730 issues, G-28s for I-601A waivers, NSC policies on extreme hardship evidence RFEs, and TRIG updates.
    AILA Doc. No. 14071842.
  • 7/18/2014 DACA Renewal Print PSAs
    AILA has developed three PSAs in both English and Spanish emphasizing the importance of renewing DACA grants in a timely fashion and to avoid notarios; we encourage AILA members and stakeholders to share these free resources widely.
    AILA Doc. No. 14071841.
  • 7/18/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 7/18/2014 Daily Immigration News Clips – July 18, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 18, 2014.
  • 7/18/2014 DOL TEGL on DACA Recipient Eligibility for DOL Programs (.pdf 683 KB) DOL Training and Employment Guidance Letter (TELG) No. 02-14 provides guidance to states and recipients concerning the eligibility of individuals granted relief under DACA with employment authorization for program eligibility for Workforce Investment Act and Wagner-Peyser Act programs.
    AILA Doc. No. 14071840.
  • 7/18/2014 USCIS Office Closings for 2014 (Updated 7/18/14)
    USCIS alert that the Fresno Field Office is closed today due to a facility issue.
    AILA Doc. No. 14010660.
  • 7/18/2014 USCIS Policy Memo on Custody and Residency Requirements for Abused Adopted Children (.pdf 958 KB) USCIS policy memorandum providing guidance to USCIS officers in adjudicating Form I-360, filed by a self-petitioning adopted child, when the adopted child has been battered or abused. This memo revises Chapter 21.14 of the AFM and AFM update AD 13-15 and rescinds PM-602-0089.
    AILA Doc. No. 14071860.
  • 7/18/2014 AIM: The Pro Bono Challenge
    In July's Interview of the Month, we're joined by AILA member and 2014 Michael Maggio Memorial Pro Bono Award honoree Diane Chappell-Daly to discuss her experience in developing pro bono clinics in her community.
  • 7/17/2014 New Mexico Supreme Court Declines to Follow Chaidez (.pdf 480 KB) The court declined to follow Chaidez v. U.S., holding that the requirement that defense attorneys advise noncitizens of the immigration consequences of their guilty pleas applied retroactively in the state of New Mexico. (Ramirez v. New Mexico, 6/19/14)
    AILA Doc. No. 14071748.
  • 7/17/2014 Your AILA8 for July 17, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14071747.
  • 7/17/2014 AILA Quicktake #90: Legislative Update on Unaccompanied Minors
    AILA's Advocacy Director Greg Chen updates on the progress of the President's supplemental in Congress and discusses the proposed bill by Republican Sen. John Cornyn and Democratic Rep. Henry Cuellar that would make it easier to deport unaccompanied migrant children to their home countries.
    AILA Doc. No. 14071746.
  • 7/17/2014 AILA MN/Dakotas Letter to Sens. Franken and Klobuchar on UACs (.pdf 610 KB) A 7/16/14 sign-on letter from AILA Minnesota/Dakotas Chapter and 36 other Minnesota-based organizations to Minnesotan Senators Klobuchar and Franken urging them to oppose any plans to expedite the deportation of Central American children, or lessen protections included in the TVPRA.
    AILA Doc. No. 14071745.
  • 7/17/2014 District Court Says Those Subject to INA §236(c) Must be Apprehended Immediately (.pdf 673 KB) The court found that the practice of imposing mandatory detention to individuals who committed an offense enumerated at INA §236(c)(1)(A)-(D) , but who were not apprehended immediately “when released” from state custody, violated the plain language of §236(c). (Preap v. Johnson, 5/15/14).
    AILA Doc. No. 14071743.
  • 7/17/2014 How to Write Documents So Others Will Understand
    How can we know if our writing is at our intended audience’s level? Microsoft Word has the ability to check not only spelling and grammar, but also writing complexity. Implement this hard-to-find but easy-to-use function in this practice success tip.
    AILA Doc. No. 14071742.
  • 7/17/2014 OCAHO Reassesses Penalties for Restaurant with Knowing Hire and Paperwork Violations (.pdf 6499 KB) OCAHO final decision adjusted proposed penalties by increasing the knowing hire penalty, stating that this violation is virtually never done in good faith, but lowering the penalties for paperwork violations as they appeared disproportionate. (U.S. v. Jalisco’o Bar and Grill, Inc., 6/27/14)
    AILA Doc. No. 14071741.
  • 7/17/2014 USCIS Comment Request on Form I-212
    USCIS 60-day notice for comments on proposed revisions to Form I-212, Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal. Revised Form and Instructions are included. Comments are due by 9/15/14. (79 FR 41585, 7/16/14)
    AILA Doc. No. 14071740.
  • 7/17/2014 BIA Says Mental Health Should Not Be Considered in “Particularly Serious Crime” Analysis (.pdf 522 KB) The BIA held that a noncitizen’s mental health is not a factor to be considered in assessing whether he or she has been convicted of a particularly serious crime under INA §241(b)(3)(B). Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014)
    AILA Doc. No. 14071744.
  • 7/17/2014 Daily Immigration News Clips – July 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 17, 2014.
  • 7/16/2014 Rep. Cuellar (D-TX) and Sen. Cornyn (R-TX) HUMANE Act
    On 7/16/14, Senator Cornyn (R-TX) and Representative Cuellar (D-TX) introduced the “Helping Unaccompanied Minors and Alleviating National Emergency (HUMANE)” Act.
    AILA Doc. No. 14071654.
  • 7/16/2014 Your AILA8 for July 16, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14071658.
  • 7/16/2014 BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal (.pdf 614 KB) Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.
    AILA Doc. No. 14071655.
  • 7/16/2014 Take Action (7/16/14)
    Make your voice heard for immigration reform! With AILA’s easy to use tool you can send emails to your elected officials in seconds on the issues that matter most to you. This page will be update frequently with action items, so check back often. This tool is for all to use so please share widely.
    AILA Doc. No. 13070945.
  • 7/16/2014 BIA Terminates Proceedings After Criminal Judge Clarifies Sentence
    Unpublished BIA decision terminates proceedings after taking administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. Special thanks to IRAC. (Matter of Ruela, 5/5/14)
    AILA Doc. No. 14071653.
  • 7/16/2014 BIA Orders Consideration of Eligibility for Provisional Waiver
    Unpublished BIA decision remands record for consideration of request for administrative closure and eligibility for unlawful presence waiver. Special thanks to IRAC. (Matter of Ayebae, 5/1/14)
    AILA Doc. No. 14071652.
  • 7/16/2014 USCIS July 2014 Webinar Schedule for E-Verify and Self Check (.pdf 706 KB) USCIS invitation to the July 2014 webinars on the employment eligibility verification process, with webinars on Form I-9, E-Verify, E-Verify for existing users, E-Verify for federal contractors, Self Check, and employee rights.
    AILA Doc. No. 14071651.
  • 7/16/2014 DOS Notice of Designation of United Self-Defense Forces of Colombia as a Foreign Terrorist Organization
    DOS notice of the determination of United Self-Defense Forces of Colombia (and other aliases) as a foreign terrorist organization pursuant to Section 219 of the INA. (79 FR 41349, 7/15/14)
    AILA Doc. No. 14071650.
  • 7/16/2014 Call to All AILA Members: Questions Sought for 8/14/14 NSC Stakeholder Teleconference
    The NSC Liaison Committee requests questions for an upcoming stakeholder teleconference with NSC on students, schools, and other issues. Please send non-case specific items by end of business on 7/28/14.
    AILA Doc. No. 14071649.
  • 7/16/2014 CRS Report with FAQs on Legal Issues of UACs (.pdf 820 KB) Congressional Research Service (CRS) report with FAQs on the legal issues surrounding the unaccompanied alien children (UAC) crisis, including difference between UACs and special immigrant juvenile status, the Flores settlement, custody issues, and rights of UACs.
    AILA Doc. No. 14071648.
  • 7/16/2014 CRS Report on Potential Factors Contributing to Recent UAC Humanitarian Crisis (.pdf 932 KB) Congressional Research Service (CRS) report on potential factors, including conditions in Central America and factors within the U.S., that are contributing to the recent unaccompanied child humanitarian crisis.
    AILA Doc. No. 14071647.
  • 7/16/2014 CIS Ombudsman Teleconference on 2014 Annual Report to Congress (.pdf 512 KB) CIS Ombudsman’s Office invitation to a 7/30/14 teleconference on the 2014 Annual Report to Congress, which summarized the most “pervasive and serious problems” encountered by individuals and employers applying for immigration benefits.
    AILA Doc. No. 14071646.
  • 7/16/2014 DOS/DHS Report on Iraqi Special Immigrant Visa Program (.pdf 1092 KB) Joint DOS/DHS quarterly report on the status of the Iraqi Special Immigrant Visa (SIV) Program. Report includes outline of processing steps with average wait times, number of applications pending at each step of the process, and number of applicants for FY2013. Also includes reasons for denials.
    AILA Doc. No. 14071640.
  • 7/16/2014 BIA Asks IJ to Consider Loss of Income from Both Parents if One Parent Is Removed (.pdf 564 KB) Unpublished BIA decision remanding cancellation denial, finding IJ did not consider the fact that child’s mother works in respondent’s janitorial business, and did not consider financial impact of loss of income from both parents, as a result of his removal. Courtesy of Diana M. Bailey.
    AILA Doc. No. 14071645.
  • 7/16/2014 Talking Points on Proposals to Roll Back TVPRA Protections for UACs (Updated 7/16/14) (.pdf 809 KB) Talking Points on why Congress should not roll back protections for unaccompanied children from non-contiguous countries guaranteed under the TVPRA. Authored by the Women’s Refugee Commission, First Focus Campaign for Children, The Voices and Faces Protect and AILA.
    AILA Doc. No. 14071145.
  • 7/16/2014 Frustrating Government Conduct Involving An I-130 Case
    VOICE is on a brief hiatus until the end of July. Meanwhile, enjoy one of VOICE’s popular stories from the May issue, where the late AILA member Michael Friedberg discusses his frustration with one of his ultimately successful cases involving allegations of marriage fraud.
  • 7/16/2014 USCIS Demographics of DACA Applicants Since 8/15/12 (.pdf 4569 KB) USCIS data on the characteristics of individuals requesting and approved for Deferred Action for Childhood Arrivals (DACA) since the implementation of the program on 8/15/12, including age group, sex, country of birth, marital status, and geographic location at time of filing.
    AILA Doc. No. 14071644.
  • 7/16/2014 DOS Statistics on Iraqi and Afghan Translator Visas (.pdf 1161 KB) DOS statistics for FY2007 through FY2014 on Iraqi and Afghan translator visa usage under the Special Immigrant Visa program.
    AILA Doc. No. 14071643.
  • 7/16/2014 DOS Statistics on Iraqis and Afghans Special Immigrant Cases Converted Under Section 1244 (.pdf 141 KB) DOS statistics for FY2008 through FY2014 on Iraqis and Afghans employed by or on behalf of the U.S. government and special immigrant cases converted under Section 1244.
    AILA Doc. No. 14071642.
  • 7/16/2014 DOS/DHS Report on Afghan Special Immigrant Visa Program (.pdf 1093 KB) Joint DOS/DHS quarterly report on the status of the Afghan Special Immigrant Visa (SIV) Program. Report includes outline of processing steps with average wait times, number of applications pending at each step of the process, and number of applicants for FY2013. Also includes reasons for denials.
    AILA Doc. No. 14071641.
  • 7/16/2014 Daily Immigration News Clips – July 16, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 16, 2014.
  • 7/16/2014 USCIS Response to Ombudsman Recommendation on Employment Eligibility for Conrad State 30 Derivatives (.pdf 584 KB) USCIS response to CIS Ombudsman recommendation on employment eligibility for derivatives of Conrad State 30 J-1 physicians. USCIS is open to J-2 dependents engaging in employment while in H-4 status, but does not agree that J-2 derivatives may change to an employment-authorized nonimmigrant status.
    AILA Doc. No. 14071656.
  • 7/16/2014 DOS Cable on Revised Reciprocity Fee Schedule for Belarus (.pdf 458 KB) DOS cable, effective immediately, with a revised reciprocity fee schedule for Belarus, for various nonimmigrant visa categories. All visa validities for nationals of Belarus will remain unchanged.
    AILA Doc. No. 14071657.
  • 7/15/2014 Your AILA8 for July 15, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14071553.
  • 7/15/2014 DHS 2014 Quadrennial Homeland Security Review (.pdf 9969 KB) DHS 2014 Quadrennial Homeland Security review, including a section on immigration and the statement, “We support common-sense immigration reform legislation that provides an earned pathway to citizenship for the estimated 11.5 million undocumented immigrants in this country.”
    AILA Doc. No. 14071552.
  • 7/15/2014 NSC Invitation to Stakeholder Call on Students and Schools and Other Issues
    NSC invitation to an 8/14/14 stakeholder call on student and schools and “other” issues. Call-in information will be provided closer to the date of the teleconference.
    AILA Doc. No. 14070551.
  • 7/15/2014 National Sign-on Letter Opposing Family Detention (.pdf 520 KB) On 7/7/14 AILA joined over 100 other organizations in a sign-on letter to President Obama urging him to end plans to open new immigrant detention centers for families.
    AILA Doc. No. 14071550.
  • 7/15/2014 AILA NY Letter to Sen. Schumer on UACs (.pdf 514 KB) A 7/15/14 letter from the AILA New York Chapter and the New York Immigration Coalition to Senator Schumer (D-NY) urging him to oppose any plans to expedite the deportation of Central American children to the dangers they escaped in their countries, or lessen protections included in the TVPRA.
    AILA Doc. No. 14071549.
  • 7/15/2014 TRAC Report on New Data on Unaccompanied Children in Immigration Court
    Transactional Records Access Clearinghouse (TRAC) report finding that the more than 100,000 case records obtained show almost half of the unaccompanied alien children (UAC) appeared in court without an attorney. Report includes new tool for UAC cases as well as data on representation of UACs.
    AILA Doc. No. 14071548.
  • 7/15/2014 Senator Flake (R-AZ) Amendment to Weaken the TVPRA
    On 7/9/14 Sen. Flake (R-AZ) filed an amendment (to an unrelated bill) to amend the Trafficking Victims Protection Reauthorization Act of 2008 to allow for the expedited removal of unaccompanied minors from non-contiguous countries.
    AILA Doc. No. 14071547.
  • 7/15/2014 Resources and Links on Central American Humanitarian Crisis (.pdf 664 KB) A resource guide with statistics and information about the humanitarian crisis in the Northern Triangle (Honduras, El Salvador, and Guatemala) of Central America. Includes links to additional resources with information on the multiple push factors driving children to flee their home countries.
    AILA Doc. No. 14071546.
  • 7/15/2014 Video: 4th Annual Pro Bono Clinic
    On Saturday, June 21, AILA members volunteered at the 4th Annual Pro Bono Clinic at the Boston Public Library as part of AILA's 2014 Annual Conference in Boston.
    AILA Doc. No. 14071545.
  • 7/15/2014 AAO Processing Time Report (7/1/14) (.pdf 538 KB) AAO Processing Times as of July 1, 2014.
    AILA Doc. No. 14071544.
  • 7/15/2014 Senate Foreign Relations Committee Hearing on UACs
    A 7/17/14 hearing in the Senate Foreign Relations Committee on, “Dangerous Passage: Central America in Crisis and the Exodus of Unaccompanied Minors,” presided by Senator Menendez (D-NJ).
    AILA Doc. No. 14071542.
  • 7/15/2014 Senate Homeland Security Committee Hearing on Root Causes Behind Rise in UACs
    A 7/16/14 hearing in the Senate Homeland Security Committee on, “Challenges at the Border: Examining and Addressing the Root Causes Behind the Rise in Apprehensions at the Southern Border.”
    AILA Doc. No. 14071543.
  • 7/15/2014 Free This Month on Agora
    AILA free items for July are now available. Read the newest Inside Immigration entry on the civil aspects of international child abduction and the interaction with asylum law. Also free is a seminar recording on administrative closure and indefinite retention. Check them out today!
  • 7/15/2014 Law Professors Letter of Fairness for Central American Children (.pdf 835 KB) A 7/14/14 letter to President Obama signed by 112 professors and researchers with experience teaching and practicing in the areas of immigration, human rights, and international law urging him to maintain the obligations to treat children differently under immigration laws and uphold the TVPRA.
    AILA Doc. No. 14071541.
  • 7/15/2014 DOS Notice of Embassy and Consulate Closings (Updated 7/15/14)
    DOS notice that the Consular Section of the U.S. Embassy in Manila, Philippines is closed on July 16, 2014, in anticipation of inclement weather conditions related to Typhoon Rammasun/Glenda.
    AILA Doc. No. 11151120.
  • 7/15/2014 VSC Announces New Service Center Director (.pdf 486 KB) VSC message from Laura Zuchowski, announcing that she began serving as the new permanent Director of the VSC on 6/29/14.
    AILA Doc. No. 14071540.
  • 7/15/2014 DHS OIG Report on USCIS Tranformation Efforts and Hinderances (.pdf 1795 KB) DHS OIG Report on USCIS Transformation and IT management and efforts, outlining several challenges, including a lack of coordination across internal divisions, technology lacking desired functionality or reliability, and staff not being aware of which systems to use for specific job functions.
    AILA Doc. No. 14071560.
  • 7/15/2014 AILA Board of Governors Meeting Minutes (6/19/14) (.pdf 678 KB) Minutes from the AILA Board of Governors Meeting held in Boston, MA on June 19, 2014.
    AILA Doc. No. 14071561.
  • 7/15/2014 Daily Immigration News Clips – July 15, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 15, 2014.
  • 7/14/2014 CA11 Says Form I-589 Provides Sufficient Notice of Frivolous Filing Consequences (.pdf 500 KB) The court held that the written notice provided on I-589 asylum application form is sufficient to meet the statutory requirement in INA §208(d)(4) that an applicant be notified of the consequences of filing a frivolous application. (Ruga v. U.S. Att’y Gen., 7/2/14)
    AILA Doc. No. 14071405.
  • 7/14/2014 CA5 Asks BIA to Consider Color of Law Legal Standard for Salvadoran CAT Claim (.pdf 574 KB) The court remanded for the BIA to consider the CAT claim under the color of law legal standard, with information that the extortionists in El Salvador may have received information about the petitioner from government officials acting in their official capacities. (Garcia v. Holder, 7/1/14)
    AILA Doc. No. 14071408.
  • 7/14/2014 CA9 Retroactively Applies Terrorism Bar for Asylum Petitioner from Iran (.pdf 510 KB) The court held the statutory terrorism bar at INA §212(a)(3)(B) applied retroactively to petitioner’s material support of a Tier III organization, the Mojahedi-e Khalq (MEK), although his activities with MEK in the 1970s occurred before official designation. (Bojnoordi v. Holder, 7/7/14)
    AILA Doc. No. 14071409.
  • 7/14/2014 CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations (.pdf 1051 KB) The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. (Ortiz-Estrada v. Holder, 7/3/14)
    AILA Doc. No. 14071407.
  • 7/14/2014 AILA Comments on USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses (.pdf 558 KB) AILA’s comments in response to USCIS’s proposed rule to extend the availability of employment authorization to certain H-4 dependent spouses of principal H-1B nonimmigrants who are in the process of seeking lawful permanent resident status through employment.
    AILA Doc. No. 14071404.
  • 7/14/2014 San Antonio Non-Detained Docket Suspended Through 8/31/14
    The San Antonio Immigration Court Administrator notified the Texas Chapter that all juvenile cases (detained and non-detained) on the juvenile dockets will go forward as scheduled. Other non-detained dockets remain suspended per an earlier announcement.
    AILA Doc. No. 14070141.
  • 7/14/2014 AILA Comments on USCIS Proposed Rule on Enhancing Opportunities for High-Skilled Professionals (.pdf 528 KB) AILA’s comments in response to USCIS’s proposed rule to update the regulations to enhance opportunities for H-1B1, CW-1, E-3 nonimmigrants, and EB-1 immigrants.
    AILA Doc. No. 14071403.
  • 7/14/2014 Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal (.pdf 759 KB) Practice pointer on completing the Form I-589, Application for Asylum and Withholding of Removal including question-by-question guidance and tips to help ensure proper completion. Special thanks to Lisa Green, Dree Collopy, and the Asylum and Refugee Liaison Committee
    AILA Doc. No. 14071402.
  • 7/14/2014 Check-in with DOS’s Charlie Oppenheim- July 2014
    DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.
    AILA Doc. No. 14071401.
  • 7/14/2014 AILA Practice Pointer: Biometrics Capture: How, When, and Where? (.pdf 471 KB) AILA International Operations Liaison Committee practice pointer provides best practices for ensuring timely capture of biometrics and offers possible alternatives if your client is unable to attend the biometrics appointment as indicated on the ASC appointment notice.
    AILA Doc. No. 14071460.
  • 7/14/2014 NSC Practice Pointer: Submitting a Form G-28 for an I-601 Waiver Case
    Practice pointer on the best way to submit a Form G-28 when a Form I-601 waiver application is pending and a request for evidence or other correspondence was sent to the applicant overseas. Special thanks to the NSC Liaison Committee.
    AILA Doc. No. 14071406.
  • 7/14/2014 Daily Immigration News Clips – July 14, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 14, 2014.
    AILA Doc. No. 14071400.
  • 7/14/2014 NBC Practice Alert: Proving EAD Eligibility for Applicants in Removal Proceedings (Updated 7/14/14)
    AILA NBC Liaison Committee practice alert informing members of the type of evidence that may be submitted to demonstrate that an applicant in removal proceedings, including proceedings that have been administratively closed, is eligible for an EAD.
    AILA Doc. No. 12060443.
  • 7/14/2014 NBC Practice Alert: Filing for Adjustment Using Secondary Evidence of Lawful Admission (.pdf 609 KB) AILA NBC Practice alert providing a procedural overview of how DHS contractors and NBC officers process applications for adjustment of status where secondary evidence of lawful admission under Matter of Quilantan and Matter of Areguillin is submitted.
    AILA Doc. No. 14071461.
  • 7/11/2014 Your AILA8 for July 11, 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.
    AILA Doc. No. 14071146.
  • 7/11/2014 AILA Quicktake #89: Senate Hearing on the President's Emergency Supplemental Request
    AILA Advocacy Director Greg Chen provides an analysis on yesterday's Senate Appropriations Committee hearing titled, "Review of the President's Emergency Supplemental Request for Unaccompanied Children and Related Matters."
    AILA Doc. No. 14071142.
  • 7/11/2014 CA5 Says New Mexico Auto-Burglary Conviction Is an Aggravated Felony (.pdf 592 KB) The court upheld the BIA’s determination that the auto-burglary conviction under §30-16-3(B) of the New Mexico statute constituted a conviction for an aggravated felony because it was an attempted theft offense, rendering petitioner ineligible for cancellation. (Garcia v. Holder, 6/30/14)
    AILA Doc. No. 14071143.
  • 7/11/2014 CA3 Says Firearms Dealing Without a License Is Not a CIMT (.pdf 510 KB) The court reversed the BIA’s conclusion, holding that the BIA was incorrect in finding that petitioner’s conviction of firearms dealing without a license under 18 USC §§922(a)(1)(A) and (a)(2) was categorically a crime involving moral turpitude (CIMT). (Mayorga v. Att'y Gen., 6/27/14)
    AILA Doc. No. 14071140.
  • 7/11/2014 CA1 Declines to Review New Evidence Not Presented First to BIA (.pdf 473 KB) The court denied the petition for review, finding the BIA did not abuse its discretion in denying the motion to reopen and it did not have jurisdiction to consider new evidence relating to persecution by the Taliban in Pakistan that was not presented to the BIA. (Shah v. Holder, 7/2/14)
    AILA Doc. No. 14071100.
  • 7/11/2014 Daily Immigration News Clips – July 11, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 11, 2014.
  • 7/11/2014 BIA Sustains Appeal and Finds Respondent Eligible for Cancellation of Removal (.pdf 1040 KB) Unpublished BIA decision sustaining the appeal and holding that the respondent was eligible for cancellation of removal, finding that the IJ erred in determining that respondent’s testimony was not credible regarding the dates of entry. Courtesy of Diana M. Bailey.
    AILA Doc. No. 14071144.
  • 7/11/2014 USCIS Comment Request on DNA Evidence in Refugee Processing
    USCIS 60-day comment request on allowing Form I–590 applicants to use an AABB accredited laboratory to provide effective and credible evidence of the parent-child relationship. USCIS is also seeking to conduct a Rapid DNA testing pilot. Comments are due by 9/8/14. (79 FR 38558, 7/8/14)
    AILA Doc. No. 14071161.
  • 7/11/2014 EOIR Interim Rule on Designation of Temporary Immigration Judges
    EOIR interim rule to allow former Board members, former IJs, and administrative law judges employed within or retired from EOIR and other agencies to act as temporary immigration judges for renewable six-month terms. Rule is effective 7/11/14. Comments due by 9/9/14. (79 FR 39953, 7/11/14)
    AILA Doc. No. 14071041.
  • 7/11/2014 BIA Remands to Consider Claim Involving “Interfiling” of I-140
    Unpublished BIA decision remands for further consideration of the respondent’s adjustment application and first Form I-140 and whether he maintained lawful status in light of the “interfiling” of a second I-140 that was found to be fraudulent. Special thanks to IRAC. (Matter of Hong, 4/29/14)
    AILA Doc. No. 14071160.
  • 7/10/2014 Senate Letter to President on Protections of UACs (.pdf 614 KB) A 7/10/14 letter from Senators Hirono (D-HI), Gillibrand (D-NY), Heitkamp (D-ND) and Feinstein (D-CA) called on President Obama to humanely address the surge of unaccompanied children at the southern border and consider the humanitarian and legal rights of the unaccompanied children.
    AILA Doc. No. 14071050.
  • 7/10/2014 Your AILA8 for July 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.
    AILA Doc. No. 14071051.
  • 7/10/2014 USCIS Webinar on Immigration Relief for Victims of Human Trafficking and Other Crimes (.pdf 757 KB) USCIS invitation to a 7/16/14 webinar to discuss relief options available to victims of human trafficking, domestic violence, and other serious crimes. Subject matter experts will provide an overview and be available to answer questions. Registration information included.
    AILA Doc. No. 14071049.
  • 7/10/2014 Media Talking Points for AILA Members on UACs
    As AILA Members are asked about unaccompanied children, they may find these brief talking points of use for interviews, particularly those focused on the proposed changes to the TVPRA. These will be updated as the issue continues to develop in the news and on the Hill.
    AILA Doc. No. 14071048.
  • 7/10/2014 Daily Immigration News Clips – July 10, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 10, 2014.
  • 7/10/2014 OCAHO Reduces Penalties After Reviewing Seriousness of Violations (.pdf 624 KB) OCAHO final decision reduced the penalties, but stated that it disagreed with Golf that failing to sign the section 2 attestation for nearly all its employees was a “single, benign error,” and instead reflected a pattern of serious violations. (U.S. v. Golf International, 6/13/14)
    AILA Doc. No. 14071047.
  • 7/10/2014 TRAC Report Finding Juvenile Cases Help Push Immigration Court Backlog to New High
    TRAC report finding that as of June 2014, the number of pending cases before Immigration Courts reached an all-time high of 375,503, with over 41,000 cases involving juveniles and of that, 12,841 involving Guatemalan juveniles. Report includes court location, nationality, and wait time information.
    AILA Doc. No. 14071046.
  • 7/10/2014 Master the Art of Removal Defense – September 19
    AILA’s Fall CLE Conference in Seattle will delve into removal defense issues, providing an advanced understanding of this complex process. The conference is organized around a detailed fact pattern and sample litigation documents to help you prepare for scenarios you might encounter. Register today!
  • 7/10/2014 Leon Rodriguez Sworn in as USCIS Director (.pdf 540 KB) USCIS press release announcing that Leon Rodriguez was sworn in on 7/9/14 as the director of USCIS. Announcement includes biographical information on Mr. Rodriguez.
    AILA Doc. No. 14071045.
  • 7/10/2014 BIA Orders Further Consideration of Adjustment Application
    Unpublished BIA decision reopens proceedings in light of evidence submitted on appeal indicating respondent’s conviction involved less than 30 grams of marijuana, making him eligible to adjust status with a 212(h) waiver. Special thanks to IRAC. (Matter of Gamanga, 4/29/14)
    AILA Doc. No. 14071044.
  • 7/10/2014 BIA Finds Failure to Prepare Affidavit of Support Constitutes Ineffective Assistance
    Unpublished BIA decision finds respondent established a prima facie case of ineffective assistance based on allegations that prior attorney failed to prepare and submit Form I-864 in connection with adjustment application. Special thanks to IRAC. (Matter of Kurgat, 4/25/14)
    AILA Doc. No. 14071043.
  • 7/10/2014 Need Help Using the Message Center?
    Are you new to the Message Center? Or maybe just in need of more guidance? AILA now has a tutorial that walks you through all the frequently used features on the Message Center. Learn how to post, reply, and find what you need.
    AILA Doc. No. 14071042.
  • 7/10/2014 Practice Alert: Approval Notices Issued without I-94 Card (Updated 7/10/14)
    AILA has received numerous reports of extension and change of status approval notices being received that do not contain an I-94 card at the bottom of the document, and the issue has been raised with the VSC and CSC for resolution. Watch InfoNet for additional updates.
    AILA Doc. No. 14070848.
  • 7/10/2014 The 411 on Metadata and Lawyering
    What are a lawyer’s obligations to prevent disclosure of confidential information in metadata? Better yet…what is metadata anyway? And, how and why does it affect me and my practice? Find out in this week’s Practice Success Tip.
    AILA Doc. No. 14071040.
  • 7/9/2014 Senate Appropriations Hearing on President's Emergency Supplemental Request for UAC Matters (Updated 7/9/14)
    A 7/10/14 hearing in the Senate Appropriations committee, “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”
    AILA Doc. No. 14070741.
  • 7/9/2014 Your AILA8 for July 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.
    AILA Doc. No. 14070947.
  • 7/9/2014 CA1 Finds BIA Committed Legal Error on “On Account of” Element of Guatemalan Asylum Claim (.pdf 489 KB) The court remanded, finding that the factual record did not preclude and would even allow the BIA to find that petitioners were members of a particular social group by virtue of their family relationship, without any need to show a further protected ground. (Aldana-Ramos v. Holder, 6/27/14)
    AILA Doc. No. 14070945.
  • 7/9/2014 AILA Statement for Senate Appropriations Hearing on UACs (.pdf 714 KB) AILA statement submitted to the Senate Appropriations Committee for the 7/10/14 hearing on “Review of the President’s Emergency Supplemental Request for Unaccompanied Children and Related Matters.”
    AILA Doc. No. 14070946.
  • 7/9/2014 BIA Finds N.Y. Attempted Second Degree Gang Assault Not CIMT
    Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Special thanks to IRAC. (Matter of Clase, 4/25/14)
    AILA Doc. No. 14070944.
  • 7/9/2014 BIA Rescinds In Absentia Order Because Adult Did Not Receive Hearing Notice
    Unpublished BIA rescinds in absentia order under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), because the respondent was a juvenile and no adult was notified of the hearing. Special thanks to IRAC. (Matter of Rojop-Hernandez, 4/23/14)
    AILA Doc. No. 14070943.
  • 7/9/2014 EOIR Factsheet on New Priorities to Address Migrants Crossing into the U.S. (.pdf 679 KB) A 7/9/14 Department of Justice factsheet on the steps EOIR will take to refocus its resources to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings.
    AILA Doc. No. 14070942.
  • 7/9/2014 EOIR Announcement of New Priorities to Address Migrants Crossing into the U.S. (.pdf 538 KB) A 7/9/14 Department of Justice press release announcing that EOIR will refocus its resources to prioritize cases involving migrants who have recently crossed the southwest border and whom DHS has placed into removal proceedings.
    AILA Doc. No. 14070941.
  • 7/9/2014 AILA Ethics Compendium (Updated 7/9/14)
    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.
    AILA Doc. No. 13100890.
  • 7/9/2014 Daily Immigration News Clips – July 9, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 9, 2014.
  • 7/9/2014 Senate Homeland Security Hearing on Humanitarian Crisis at Southern Border
    A 7/9/14 hearing in the Senate Homeland Security and Government Affairs committee, “Challenges at the Border: Examining the Causes, Consequences, and Responses to the Rise in Apprehensions at the Southern Border.”
    AILA Doc. No. 14070940.

 
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