Cases & Decisions, Federal Court Cases
The court held that the BIA erred by concluding that petitioner had failed to establish a nexus between the persecution he suffered and his political opinion, by mischaracterizing his proposed social group, and by improperly ignoring probative evidence. (Aleman-Belloso v. Garland, 11/13/24)
Featured Issues
Use this page to view AILA resources on how members and others can prepare for a second Trump Administration.
11/20/24
AILA Doc. No. 24110804.
Adjustment of Status, Admissions & Border, Asylum, Business Immigration, Consular Processing, Employer Compliance, Family Immigration, Practice Management, Prosecutorial Discretion, Removal & Relief, Waivers, Well-Being
Practice Resources
As of November 19, CBP Office of Field Operations has identified and resolved the technical glitch preventing member outside of the United States from pulling I-94 records.
Cases & Decisions, Federal Court Cases
The court rejected the petitioner’s particular social groups (PSGs) consisting of “Guatemalan small business owners, victims of extortion by gang members” and “Guatemalan women viewed as property and unable to escape their violent ex-partners.” (Manuel-Soto v. Att’y Gen., 11/12/24)
Cases & Decisions, Federal Court Cases
The court found that the BIA erred in affirming the IJ’s finding that the IJ herself had implemented adequate safeguards to address the petitioner’s incompetency and protect his rights and privileges, and thus granted the petition for review and remanded. (Reid v. Garland, 11/5/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 20, 2024.
11/20/24
AILA Doc. No. 24112003.
Cases & Decisions, Federal Court Cases
The court held that substantial evidence supported the agency’s determination that petitioner, who had faced death threats from members of the 18-gang in El Salvador, lacked a well-founded fear of future persecution, and thus upheld the denial of asylum. (Cortez-Mejia v. Garland, 11/15/24)
Cases & Decisions, Federal Court Cases
The court upheld the BIA’s and IJ’s denial of asylum as to petitioner, who had been assaulted by armed assailants in El Salvador and received death threats, finding that he did not meet his burden to demonstrate harm rising to the level of persecution. (Urias-Orellana v. Garland, 11/14/24)
Cases & Decisions, Federal Court Cases
The court held that substantial evidence supported the agency’s determination that petitioner, who suffered domestic abuse in Ecuador, had failed to show past persecution or a well-founded fear of future persecution if she were to return to Ecuador. (Medina-Suguilanda v. Garland, 11/14/24)
AILA Announcements
Join AILA's roundtable on December 4, 2024, to discuss strategies for preparing religious worker clients for R-1 visa interviews, addressing common challenges and effective preparation techniques.
Cases & Decisions, Federal Court Cases
The court concluded that the agency’s likelihood-of-future-torture finding, which formed the basis of its determination that the petitioner was ineligible for Convention Against Torture (CAT) deferral, rested on an erroneously narrow legal definition of torture. (Morgan v. Garland, 11/5/24)
Agency Memos & Announcements
USCIS has updated its Policy Manual to clarify custody requirements for children acquiring U.S. citizenship under INA sections 320 and 322, including guidance on legal and physical custody, retroactive corrections, and derivation of citizenship under former INA section 321.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 19, 2024.
11/19/24
Liaison Minutes
AILA’s CBP Liaison Committee met with CBP's Office of Field Operations (OFO) on October 18, 2024, to discuss topics related to the northern and southern border, general processing, visa classification, and more. Read the agenda and key takeaways.
Professional Resources
Legal malpractice insurance is an important protection for every law firm, but the process of purchasing insurance can often be confusing. To demystify that process, Reid Trautz, Senior Director of AILA Practice & Professionalism Center, answers FAQs about malpractice insurance.
AILA Announcements
Join AILA's webinar on November 21, 2024, for expert analysis of post-election impacts on U.S. immigration law, including anticipated policy shifts and strategies for effective client representation.
11/19/24
Admissions & Border, Asylum, Business Immigration, Consular Processing, DACA, Deferred Action, Expedited Removal, Humanitarian Parole, Naturalization & Citizenship, Practice Management, Removal & Relief, Students & Schools, T & U Status, Temporary Protected Status & Deferred Enforced Departure, Unaccompanied Children, VAWA, Waivers
AILA Blog
AILA Law Student Member Magdalena López Murphy explains the high stakes for children facing removal or deportation proceedings and the bipartisan effort to establish a children’s court within EOIR to ensure children have fair access to protections and obtain legal representation.
Practice Resources
USCIS held a virtual briefing to discuss an upcoming change to the Violence Against Women (VAWA) program in which certain self-petitioners will receive interview notices. AILA provides key takeaways.
11/18/24
AILA Doc. No. 24111834.
VAWA
Practice Resources, Litigation Resources
Courts across the country will be deciding how the Supreme Court’s decision in Loper Bright should be applied in a variety of immigration cases. In an effort to coordinate a collective response, AILA and other advocates have created a listserv and are collecting government briefings.
11/18/24
AILA Doc. No. 24073005.
Practice Resources
The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. Although the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S. border, important Fourth Amendment protections still apply.
11/18/24
Cases & Decisions, Federal Court Cases
The court held that, under 8 CFR §316.2(b), a naturalization applicant is not required to demonstrate that they have been lawfully admitted for permanent residence to the United States both at the time of their initial entry and at the time of any subsequent reentry. (Azumah v. USCIS, 7/9/24)
Practice Resources
The DOS Liaison Committee provides the following briefing on the December 2024 Visa Bulletin and related adjustment of status charts shared by USCIS. The December 2024 Visa Bulletin is mostly identical to the November 2024 Visa Bulletin.
FR Regulations & Notices
DOL notice of proposed rulemaking amending and clarifying its regulations for employer-provided wage surveys for the H-2B program, proposing new requirements, and eliminating Form ETA-9165. Comments are due by 1/17/25. (89 FR 90646, 11/18/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 18, 2024.
11/18/24
AILA Announcements
Join AILA's seminar on December 11, 2024, to explore H-2B visa strategies for addressing seasonal workforce needs. Gain insights into eligibility, petition requirements, and compliance to effectively manage labor demands.
Agency Memos & Announcements
DHS, in consultation with DOL, announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for FY2025, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year.
Media Tools
AILA members may find these talking points useful when preparing for post-election media interviews or outreach. Please feel free to reach out in advance of any interviews to CommsTeam@aila.org for help preparing or talking through messaging.
11/15/24
AILA Doc. No. 24111501.
Professional Resources
If you’re looking to improve your work-life harmony, read AILA member Dyan Williams’s article that illustrates ways to balance productive work hours and important home demands in the modern remote work environment.
Practice Resources
USCIS has provided FAQ guidance confirming that advance parole may be granted to DACA recipients who wish to travel to attend a consular nonimmigrant visa interview.
11/15/24
AILA Doc. No. 24111566.
DACA
Immigration News
The October 2024 GMS E-Bulletin kicks off the new committee year and continues our theme of personal stories from members as well as practical updates from the world of global migration.
AILA Announcements
Explore options for CHNV clients with AILA's live webinar on Dec. 12, 2024, at 2 PM ET. Learn from experts about asylum, TPS, the Cuban Adjustment Act, family-based, and employment-based pathways. Don’t miss practical tips to guide your clients. Register now!
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 15, 2024.
11/15/24
AILA Public Statements, Correspondence
AILA and ASISTA sent a letter to USCIS regarding discrepancies in I-290B filing location instructions and practitioner reports of recent filing rejections by the Vermont Service Center (VSC). The letter outlines the discrepancies as well as examples of rejections and also provides recommendations.
AILA Interest Groups offer you the opportunity to connect with other members who share common backgrounds or interests in immigration law. Free to members, interest groups provide an informal environment to learn from and network with like-minded peers. Join on today.
11/14/24
Practice Resources
USCIS has updated its guidance to reflect the indefinite validity of immigration medical examination documentation for certain Afghan nationals who arrived during Operation Allies Welcome (OAW).
Practice Resources
The DOL Liaison Committee’s H-2 subcommittee provides a resource concerning recommendations for determining an H-2B worker’s date of separation and what documents H-2 employers should maintain.
Professional Resources
Being known for representing clients who commit fraud can damage an attorney’s reputation. In four hypotheticals, this article discusses whether an attorney can ethically represent a client who has engaged in marriage fraud, including fraud committed to get a green card in the first place.
11/14/24
AILA Doc. No. 22072634.
Ethics
FR Regulations & Notices
USCIS 60-day notice on Form I-693 and Form I-163A, Report of Immigration Medical Examination and Vaccination Record and Supplemental Screening with a request for comments related to certain Afghan nationals and medical exams. Comments are due by 1/13/25. (89 FR 90028, 11/14/24)
FR Regulations & Notices
USCIS 60-day notice of request for comments on the MyAppointment system that allows respondents to access the appointment scheduling system on the USCIS main web page via the ‘‘Make an Appointment’’ link. Comments are due by 1/13/25. (89 FR 90027, 11/14/24)
Professional Resources
AILA's Practice & Professionalism Center pulled together a guide for when and how to hire your next star employee, including financials, sample job descriptions, and onboarding techniques. Check it out today.
Federal Agencies, Practice Resources
AILA’s local ICE Liaisons have shared their contact information and local ICE contact information with AILA National’s ICE Liaison Committee. The contact information is organized by chapter.
Practice Resources
Several AILA members participated in a tour of the USCIS Dallas lockbox. Based on what they learned during the tour, members shared filing tips that may help to avoid some of the recent rejections.
Practice Resources, Featured Issues
AILA’s DOL Liaison provides a resource page with links to legal authorities, agency guidance and publications, and AILA resources and publications helpful for H-2A practice.
Chapter Documents
2025 RDC-EMEA Spring Conference
May 4-6, 2025
Zagreb, Croatia
This event is being presented by AILA's RDC-EMEA Chapter. This event is not being organized by the AILA National Office.
11/14/24
AILA Doc. No. 24111401.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 14, 2024.
11/14/24
Agency Memos & Announcements
USCIS has issued updated policy guidance clarifying that naturalization applicants need only demonstrate lawful admission for permanent residence at their initial entry or adjustment of status, not for subsequent reentries, in line with a recent Fourth Circuit ruling.
AILA Announcements
AILA’s Federal District Court Litigation Online Course provides immigration practitioners with practical skills to handle federal district court cases effectively. Learn strategies for complaints, responses, and motions, with guidance from expert faculty through real-world applications.
AILA Blog
As part of our AILA Law Journal amplification series, Craig Shagin and Maria (Mia) Vejarano share insights into the three specific issues they chose to highlight for their article “This Makes No Sense.” AILA members, don’t forget to download your free digital copy of the law journal.
Agency Memos & Announcements
USCIS updated its guidance regarding immigration medical examinations completed by certain Afghan nationals who arrived in the United States during Operation Allies Welcome, stating that they will not have to repeat the medical examination when applying for adjustment of status.
Visa Bulletins
DOS posted the December 2024 visa bulletin, including final action dates, dates for filing, and updates on the DV program and SIVs. USCIS determined that for December 2024, applicants in all family-sponsored and employment-based preference categories must use the Dates for Filing charts.