In the News - Law Firm Philip Eichorn Co., LPA Attorneys Cleveland, Ohio

On August 18, the Obama Administration announced it will form a high-level task force and review the approximately 300,000 pending removal cases. The task force will identify and administratively close removal proceedings against individuals found to be a "low" enforcement priority. Administrative closure is not a dismissal or termination, it simply "deactivating and putting the case on a shelf for a substantial period of time." The review process, will be jointly conducted by members of both the Departments of Justice (Executive Office of Immigration Review) and Department of Homeland Security, is intended to ease the tremendous backlog in the immigration courts. It is also designed to ensure that government resources are focused on cases involving the government's highest immigration enforcement priorities-such as public safety, national security and border security.

This is not a change in the law. This is a change in policy and how the government wants to handle removal cases. This memorandum does not create a right or benefit for foreign nationals. It merely means a delay in processing their cases. This may not be advantageous to some people. Contact your lawyer or contact us at 216.970.7102.

American Immigration Lawyers Association and the American Immigration Council applaud the Supreme Court's decision in Padilla v. Kentucky. This landmark case bestows the right to competent advice and counsel as to the risk of deportation for any guilty plea entered by a foreign national.

2011

January 12, 2012 - The Third Circuit Court of Appeals held in Totimeh v. Att'y Gen., that failure to register as a predatory offender under Minnesota law is not a crime involving moral turpitude.
December 30, 2011 - The Department of Justice released the settlement agreement in its allegations against Garland Sales Inc. for discriminatory treatment of Hispanics when establishing their eligibility to work in the U.S.
December 23, 2011 - District Judge Richard Seeborg certified a class action consisting of all current and future adult immigration detainees who have had or will have immigration court in San Francisco. The class action challenges ICE's common practice of shackling all detainees regardless of their individual circumstances. Of critical note ICE has engaged in a practice of shackling non-criminal detainees (who simply can't afford bond because they set it too high), refugees and elderly and sick individuals. Hats off to Plaintiff's counsel!
December 13, 2011 - The Department of Justice announced a settlement with Sernak Farms in their discrimination action. Sernak Farms hired foreign nationals under the H-2A visa program and according to allegations discriminated against citizens as their belief that the foreign nationals would be more diligent workers. Sernak has agreed to pay $30,000 in back pay to the eight injured parties.
December 11, 2011 - The U.S. Supreme Court released its decision in Judulang v. Holder. See my blog for more information.
December 6, 2011 - The Board of Immigration Appeals held, in Matter of Guillot, 25 I&N Dec. 653 (BIA 2011), that a foreign national who adjusted status to that of permanent residency has been lawfully admitted and is therefore subject to removal under INA 237.
December 5, 2011 - The First Circuit Court of Appeals in McKenzie Francisco v. Holder, held that an immigration judge may make a determination permanently barring a foreign national from ever benefitting from a visa petition pursuant to INA 204(c) when the alien litigates his or her Petition to Remove Conditions before the court. The alien plead Due Process and argued he had no notice that this would be a consequence of appealing the denial in the underlying I-751 filing. The Circuit court held that he asked for a benefit and therefore was on notice this determination could be made.
December 2, 2011 - The Board of Immigration Appeals (BIA) held, in Matter of Camarillo, 25 I&N Dec. 644 (BIA 2011), that service of a Notice to Appear without the date and time of the hearing was sufficient to stop the accrual of continuous residence and/or continuous physical presence. Certain periods of time are required for eligibility for Cancellation of Removal.
December 2, 2011 - The Fourth Circuit Court of Appeals in Li v. Holder, held that it did have jurisdiction to review the BIA order of a post-Dada voluntary departure grant however based on persuasive cases in the Sixth and Eleventh Circuits, the court did not exercise that jurisdiction and denied without prejudice (thus allowing the petitioner to re-file).
November 30, 2011 - The Ninth Circuit Court of Appeals in Lezama Garcia v. Holder, held that an unintentional departure while an application for NACARA adjustment of status was pending was not sufficient to abandon the application.
November 29, 2011 - The Third Circuit Court of Appeals in Aguilar v. Attorney General of United States, held that even though the minimum mental state for sexual assault pursuant to section 3121 of the Pennsylvania code is still a crime of violence and therefore an aggravated felony. The court reasoned that there would still be a substantial risk of physical force used in the perpetration of the crime.
November 22, 2011 – USCIS announces the H-1B cap has been reached. There will be no more cap subject filings accepted this fiscal year. The next window to file will begin on April 1, 2012 for H-1B visas to be active/current on October 1, 2012.
November 18, 2011 - The Board of Immigration Appeals held in Matter of Islam, 25 I&N Dec. 637 (BIA 2011), that convictions in different counties with different victims all stemming from a single day of criminal misconduct was not a single scheme of misconduct. This holding, in our opinion, is clearly erroneous. Please see my blog for a fuller analysis.
November 17, 2011 - EOIR issued a statement that the immigration judges stand ready to adjudicate motions to terminate or administratively close cases deemed appropriate by ICE through their mandated review of all removal cases pursuant to the August 18, 2011 DHS announcement. This announcement does not create a right or benefit to any individual in removal proceedings. It should be viewed as EOIR trying to push ICE to do the right thing and help them unclog the dockets using a common sense application of policy and facts.
November 17, 2011 - ICE issued a statement indicating the agency will begin to train their trial attorneys to apply the June 17, 2011 Prosecutorial Discretion memorandum.
November 15, 2011 - The Third Circuit Court of Appeals held that the immigration judge violated the foreign national's Due Process rights by taking an overly active role in questioning during the individual hearing. See Abulashvili v. Att'y Gen. of US.
November 15, 2011 - USCIS announced that 56,300 cap subject H-1B petitions had been receipted and that the H-1B Master's Cap had been exhausted. This means that there are approximately 8,700 cap subject petitions remaining until October of 2012.
Department of State has released the December 2011 Visa Bulletin.
On October 27, 2011 - The Office of the Chief Administrative Hearing Officer issued its decision in Eze v. West County Transportation Agency, that Defendant had created an unnecessary burden in the application process by requiring proof of "citizenship" and not simply "authorization to work" in the U.S.
October 19, 2011 - The Board of Immigration Appeals held that the Department of Homeland Security must prove by "clear and convincing evidence" that one of the six exceptions applies to returning residents for removal under an arriving alien designation. (Matter of Rivens) When a permanent resident departs the U.S. and returns, they are presumed to be admissible. However in I996 Congress carved out six exceptions to this rule. Now the burden on DHS has been levied by the BIA where it hadn't been clear in the past. This same case holds that a conviction for accessory after the fact can be a crime involving moral turpitude for removal or inadmissibility purposes if the underlying crime was a CMT.
October 19, 2011 - USCIS announced its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted as of 10/14/11. USCIS indicates that approximately 43,300 H-1B cap-subject petitions were receipted. USCIS has receipted 19,600 H-1B petitions for aliens with advanced degrees.
October 18, 2011 - ICE announced their FY 2011 removal orders. The Office of Enforcement and Removal Operations (ERO) indicates they removed close to 400,000 foreign nationals which is the largest number in the agency's history At least half of the removals stemmed from felony or misdemeanor convictions. This clearly indicates the focus on the removal of criminal aliens which is the top priority of the Obama administration and Secretary John Morton's recent memorandum. Anyone reading this should know that a conviction does not guarantee removal as there are applications for relief from removal which permit foreign nationals to not only waive their indiscretions but also obtain status.
October 17, 2011 - The Tenth Circuit, in Cordova-Soto v. Holder, held the court maintained jurisdiction to review the reinstatement of removal order and in doing so held that Petitioner had unlawfully reentered. The Circuit court distinguished the BIA's recent case in Matter of Quilantan and its holding regarding a foreign national being lawfully admitted. Illegal reentry can lead to either a reinstatement of a removal order or federal criminal charges carrying prison time.
October 13, 2011 - The U.S. District Court in the Northern District of California granted partial summary judgment, ordering USCIS to respond to Alien file requests in 20 days absent "unusual circumstances." The Court further found that Track 3 violates a 1992 settlement agreement and was promulgated in violation of the APA and FOIA. The case is Hajro v. USCIS.
The Ninth Circuit held, in De Osorio v. Mayorkas, the BIA's decision in Matter of Wang to be a reasonable reading of INA §203(h)(3) in that the Child Status Protection Act (CSPA) does not permit automatic conversion and/or priority date retention for derivative beneficiaries of F-3 and F-4 petitions.
September 2, 2011 - The Eighth Circuit, in Lopez-Gabriel v. Holder, held there was no requirement of an evidentiary hearing as the record did not support Petitioner's belief that his arrest was racially motivated and therefore in contravention of the Fourth Amendment. The Court further found no evidence that Petitioner's statements to ICE officers during "interrogation" were involuntary.
September 2, 2011 - The Sixth Circuit Court of Appeals held, in De Jesus Casillas v. Holder, that it lacked jurisdiction to review the Petitioner's motion for stay of removal, the denial of his motion for bond and most importantly it lacked jurisdiction to review the enforcement of the prior order of removal. Petitioner was granted voluntary departure in lieu of an order of deportation but failed to present himself at the consulate after departure as required. As such his case was never closed showing a voluntary departure. Instead, that grant converted to an order of deportation. He was found in the U.S. fifteen years later and removed based on that prior order.
September 1, 2011 - The Seventh Circuit Court of Appeals held, in Torres-Tristen v. Holder, it lacked jurisdiction to review Petitioner's denial of his U-Visa application. The Circuit Court held this was a collateral matter to his final order of removal (of which the circuit courts do have jurisdiction) and therefore not reviewable.
September 1, 2011 - The Third Circuit Court of Appeals held, in Diop v. ICE, that INA §236(c) authorizes detention only for a reasonable period of time at which point the Fifth Amendment Due Process Clause requires the government to show that continued detention is required to further the statute's purpose. This is a critical holding and an impressive opinion by the court chronicling Mr. Diop's long and arduous detention.
June 30, 2011 – The Second Circuit Court of Appeals held (Li v. Renaud) that there was no “appropriate category” for which a derivative beneficiary to convert and therefore the beneficiary could not avail herself of INA 204(h)(3).
June 29, 2011 – The Ninth Circuit Court of Appeals held (in Shaboyan v. Holder) that it lacks jurisdiction to review a motion for stay of removal. Petitioner had moved to reopen her case at the BIA level and concurrently filed a motion for stay of removal. The BIA denied it and the Ninth Circuit held it lacked jurisdiction to review that denial as it was not a final order of removal.
June 28, 2011 – On this day the Senate held its first ever hearing on the Development, Relief and Education for Alien Minors Act which has been commonly referred to as the DREAM Act. The Senate Judiciary Committee heard the testimony of Secretary of DHS Janet Napolitano and Margaret Stock (a member of AILA). The hearing was focused on the beneficiaries of this Act and its impact on the U.S. economy and the decrease in low-level enforcement (thus allowing a shift in personnel to national security issues).
June 28, 2011 – The Tenth Circuit Court of Appeals held (in Jimenez Guzman v. Holder) that it does have jurisdiction to review a final order of removal and within that final order of a removal an immigration judge’s decision to deny a motion for continuance. The legal basis for this decision is Kucana v. Holder and the premise that a regulation gives the IJ discretion to continue a case and therefore that discretion is reviewed for abuse.
June 24, 2011 – The Third Circuit Court of Appeals held (in Sarango v. Attorney General) that a person who is “deported” is the same as person who is “removed” and that semantic argument fails. Further, the Third Circuit held that an immigration judge lacks jurisdiction over a Form I-212 Permission to Reapply for Admission which is a necessary precondition to entry into the U.S. if a person has been previously ordered deported or removed from the U.S.
June 24, 2011 – USCIS announced that approximately 17,400 H-1B cap subject petitions had been accepted and receipted. Further, USCIS acknowledges 11,300 advanced degree receipted cases.
June 23, 2011 – The Board of Immigration Appeals held (in Matter of Le) that a derivative child of a fiancé (K-2) who enters the U.S. pursuant to a lawful admission as a K-2 is not ineligible for adjustment of status simply by virtue of having turned 21 after that admission.
June 23, 2011 - North Carolina bill (HB 36) was signed into law today by Gov. Beverly Perdue. This bill mandates the use of E-Verify on newly hired employees for all employers with 25 or more employees. I-9 compliance and E-Verify are federal requirements. Whether or not there will be state based litigation calling into question the constitutionality of this bill is speculation. Until that point, employers who have more than 25 employees should seek counsel on I-9 compliance.
June 22, 2011 – The Tenth Circuit Court of Appeals held (in Waugh v. Holder) that neither the immigration judge nor the Board of Immigration Appeals have the authority to review the constitutionality of a criminal conviction nor does the government have a burden to prove such.
June 22, 2011 - ICE announced the activation of seven Secure Communities including Auglaize, Carroll, Columbiana, Erie, Holmes, Medina, and Mercer counties. ICE is now using this capability in 84 Ohio jurisdictions. Secure Communities is an overbroad and overreaching program that invests too much power into local law enforcement that lack proper training. Additionally, the communications must be initiated by the local law enforcement thus giving rise to potential abuses. The Ohio AILA Chapter has drafted and submitted a letter to Governor Kasich calling for the State to disallow the program’s use. Governor Cuomo in New York has already taken this matter under advisement as well.
June 20, 2011 – The Ninth Circuit Court of Appeals held (in Gil v. Holder) that a conviction for carrying a concealed weapon under California Penal Code §12025(a) is categorically a removable firearms offense under INA §237(a)(2)(C). The court properly applied the categorical approach pursuant to Taylor v. United States, 495 U .S. 575 (1990).
June 10, 2011 – The Board of Immigration Appeals held (in Matter of N-C-M-) that the determination of a “child” for purposes of a late filed Temporary Protected Status applicant is whether or not the applicant was a child on the date of the initial registration period not the date the application was filed.
June 7, 2011 - The Second Circuit Court of Appeals held, in Boluk v. Holder, the burden is on the alien to prove the bona fide nature of his or her marriage for waiver of the joint filing requirement for removal of conditions. The Court further held the IJ did not err in attaching significance to the couple's post-marriage actions.
June 6, 2011 – The Supreme Court of the United States granted cert and remanded City of Hazleton v. Lozano in light of the ruling in Chamber of Commerce of USA v. Whiting. The Hazleton case implicates a local ordinance that would deny permits to business who hire undocumented workers and would fine landlords who rent to undocumented foreign nationals. The case is now headed to the Third Circuit for reconsideration.
June 6, 2011 – The Supreme Court of the United States denied certiorari in Martinez v. Regents of Univ. of CA, a case challenging the policy of charging in-state tuition to undocumented immigrants who graduated from California high schools, leaving the lower court's decision to uphold the policy in place.
June 6, 2011 – USCIS announces that they have received and are processing (or have processed) 13,600 cap subject petitions and 9,300 master’s cap exempt cases. (Link)
June 3, 2011 – The Ninth Circuit Court of Appeals held, in Vasquez De La Alcantar v. Holder, that an approved I-130 does not confer status for purposes of Cancellation of Removal’s language “admitted in any status.”
June 3, 2011 – The Ninth Circuit Court of Appeals held, in Guevara v. Holder, that work authorization does not confer status for purposes of Cancellation of Removal’s language “admitted in any status.”
June 3, 2011 – The Board of Immigration Appeals held that Cubans arriving via land could be placed into removal proceedings as the statute regarding such arriving aliens does not limit the prosecutorial discretion of DHS to do such. As well, the BIA held that the immigration court does have jurisdiction over Cubans arriving and applying for adjustment of status even though the judge lacks jurisdiction over the underlying application for relief. (Link)
June 1, 2011 – The Ninth Circuit Court of Appeals held, in Chay Ixcot v. Holder, that Reinstatement of Removal is impermissibly retroactive to those who applied for relief prior to IIRIRA.
May 27, 2011 – The Second Circuit Court of appeals held, in Freire v. Holder, that the BIA erred in not granting a continuance to the Petitioner/Alien where there was a pending adjustment of status matter before USCIS (who held original jurisdiction as the foreign national was an arriving alien).
May 24, 2011 – The Board of Immigration Appeals (BIA), in Matter of Strydom, found that a conviction for violation of the no-contact provision of a protection order issued under the Kansas Protection from Abuse Act constitutes a removable offense under INA §237(a)(2)(E)(ii).
May 23, 2011 – The Supreme Court of the United States granted certiorari in a removal case to consider whether a false statement on a corporate tax return is an aggravated felony as defined in INA § 101(a)(43)(M)(i) (offense involving fraud or deceit). Kawashima v. Holder, 615 F.3d 1043 (9th Cir. 2010), cert. granted, 2011 U.S. LEXIS 3840 (May 23, 2011)
May 9, 2011 – USCIS issued a policy memorandum on how to expedite an I-601 waiver request. (Link)
May 3, 2011 – During a House Subcommittee meeting, American Immigration Lawyers Association called for the suspension of the Secure Communities program. DHS recently acknowledged issues with the program including but not limited to the removal of victims of domestic violence and other crimes.
May 2, 2011 – USCIS announced that the Secure Mail Initiative is in full effect permitting them to track the status of the submitted documents through USPS.com track and confirm.(Link)
May 2, 2011 – New York Mayor Michael Bloomberg’s opinion article in the Wall Street Journal called for immigration reform to keep the best and brightest talent coming to the U.S. to sustain our position in the global economy. (Link)
April 29, 2011 – Board of Immigration Appeals (BIA) held in Matter of Cubor-Cruz that service of a Notice to Appear on a minor child is sufficient and that service on a responsible adult such as a step-parent or legal guardian was not required by regulation. (Link)
April 29, 2011 – The Tenth Circuit Court of Appeals held, in Efagene v. Holder, that a misdemeanor conviction in Colorado for failure to register as a sex offender is not a crime involving moral turpitude.
April 28, 2011 – Effective this date, Department of Homeland Security has removed all countries from the National Security Entry Exit Registration System commonly known as NSEERS. This program was effectuated post-9/11 and required nationals of certain enumerated countries to pass through secondary inspection and register.
April 26, 2011 – Department of Justice announces settlement of allegations regarding immigration related employment discrimination against a Wendy’s franchise in Maine. Back pay in the amount of $14,500 was awarded and $3,200 in civil penalties. (Link)
April 21, 2011 – The Ninth Circuit issued its decision in Perez-Mejia v. Holder. This case touches on a multitude of issues that will effect removal proceedings from the left coast to the East depending on other circuits interpretations. I will post a blog about the case and its ramifications as it is a lengthy case and deserves more detailed attention. (Link)
April 21, 2011 – The Ninth Circuit issued its decision in Garfias-Rodriguez v. Holder. This case deals with, and finalizes, the issue of whether a person who enters without inspection prior to December 20, 2000, has a sunset petition filed on their behalf making them eligible for adjustment of status pursuant to INA 245(i), departs and reenters again without inspection. The Ninth Circuit had previously held that the subsequent entrance was cured by245(i). The Board of Immigration Appeals issued a decision contrary to that in Matter of Briones which held that 245(i) did not cure it. This case dealt with whether or not the Ninth Circuit case controlled or Briones controlled. The instant case held that Briones controlled and 245(i) does not cure the subsequent entrance without inspection. (Link)
April 19, 2011 – The Board of Immigration Appeals (BIA) held that “evidence outside of an alien’s record of conviction may properly be considered in determining whether the alien has been conviction of a crime involving moral turpitude only where the conviction record itself does not conclusively demonstrate wither the alien was convicted of engaging in conduct that constitutes a crime involving moral turpitude.” (Matter of Ahortalejo-Guzman, 25 I&N Dec. 465 (BIA 2011)).
April 18, 2011 – The Supreme Court of the United States granted certiorari in Judulang v. Gonzales to determine whether or not a conviction by guilty plea by a lawful permanent resident who has never departed the U.S. can use 212(c) to waive an aggravated felony conviction where there is no statutory counterpart of inadmissibility.
April 12, 2011 - Immigration and Customs Enforcement (ICE) announces four additional counties in Ohio are now “Secure Communities.” This brings the total number of counties in Ohio enrolled in this program to 60 or just about 75% of the state. Secure Communities allows local law enforcement to access ICE and DHS databases to ensure that their prior criminal history is accurately assessed and if a match for immigration purposes is discovered, ICE takes custody of the individual after having determined their immigration status (or lack thereof). The new counties are Crawford, Miami, Shelby and Wayne.
April 8, 2011 – USCIS announces that they have received approximately 5,900 H-1B petitions counting toward the 65,000 FY 2012 cap and approximately 4,500 master cap petitions toward the 20,000 cap. (Link)
April 6, 2011 – The Social Security Administration has indicated that as of this date, they are resuming “no-match” letters that advise employers when an employee is using a social security number that does not coincide with their records.
April 5, 2011 - The Seventh Circuit held that a 212(h) waiver cannot be used to waive a controlled substance conviction in order to make an alien eligible for non-lawful permanent resident cancellation of removal (or commonly called ten-year cancellation). (Link)
April 4, 2011 - The Fifth Circuit held, in Ramos-Torres v. Holder, that failure to comply with a prior administrative grant of voluntary departure converted said grant to an order of deportation and therefore was a legal preclusion to obtaining lawful permanent resident status and thus the Petitioner was ineligible for cancellation of removal for lawful permanent residents. (Link)
April 4, 2011 - The Department of Labor announced Prince George's County Public Schools in Maryland were charged with violating provisions of the H-1B worker program with orders of $4.2 million in back wages to be paid amongst 1,044 teachers. The system itself was fined $1.7 million in penalties. (Link)
March 31, 2011 - The Ninth Circuit, in Jimenez-Juarez v. Holder, held that a conviction for child molestation under the Washington Revised Code section 9A.44.089 constitutes a crime of child abuse pursuant to INA 237(a)(2)(E)(i). (Link)
March 28, 2011 – The Sixth Circuit Court of Appeals held in Garcia v. Holder, that a conviction for possession with intent to deliver in the state of Michigan (it’s still hard to write that as an Ohio St. fan) is an aggravated felony for immigration purposes. The violation of the Mich. Comp. Laws (Link)
March 25, 2011 – The Ninth Circuit Court of Appeals held in Singh, Kaur, Singh v. Holder, that deception that is irrelevant to the underlying claim can be a basis for an adverse credibility determination and that silence is confirmation of false information presented to an immigration judge.
USCIS Transformation – USCIS is beginning its transformation into the electronic filing era. On April 8, 2011 there will be a conference call on whether or not to make this method of filing mandatory.
March 23, 2011 - The Ninth Circuit Court of Appeals held, in Pascua v. Holder, that an aliens post-IIRIRA conviction can be waived pursuant to 212(c) so long as the deportation proceedings were instituted prior to IIRIRA and remain pending when the post-IIRIRA conviction occurs. This decision follows the Second and Fifth Circuit Court of Appeals on this issue. (Link)
March 17, 2011 – The Board of Immigration Appeals issued their decision in Matter of Alfred Sesay and held that 1) a fiancé may only adjust status based on the marriage to petitioner, 2) a fiancé visa holder whose marriage is more than two years old at the time of the adjustment is not a conditional resident, 3) a fiancé visa holder may be granted permanent resident status even though the marriage doesn't exist at the time of the adjustment application provided it was entered into in good faith. [Link]
March 9, 2011 – Department of State released the April 2011 visa bulletin. Please note there has been a significant retrogression in the family first preference category. [Link]
March 9, 2011 – Immigration and Customs Enforcement is proposing to resume removals of criminal aliens to Haiti. This will not include non-criminal aliens nor those with TPS granted. [Link]
March 4, 2011 – The Board of Immigration Appeals issued their decision in Matter of Khanh Hoang Vo and held that if the underlying substantive offense (for an conviction for "attempt") is a crime involving moral turpitude, then the respondent/foreign national/alien shall be considered to have been convicted of a crime involving moral turpitude. [Link]
March 4, 2011 – The Board of Immigration Appeals held, in Matter of Vo, 25 I&N Dec. 426 (BIA 2011), that conviction for an attempt of a crime involving moral turpitude can sustain the charge of deportability under INA 237(a)(2)(A). [Link]
February 23, 2011 – The Board of Immigration Appeals issued their decision in Matter of Samuel Esaul Guevara Alfaro and held that any intentional sexual conduct by an adult with a child involves moral turpitude as long as the respondent/defendant knew or should have known the age of the victim. The BIA further followed and upheld Matter of Silva-Trevino. [Link]
February 16, 2011 – The Ninth Circuit holds petitioner (who has ties to Hamas), in Abufayad v. Holder, is likely to engage in terrorist activities or provide material support for such activities and therefore affirmed a finding of inadmissibility. [Link]
February 16, 2011 – The First Circuit held, in Vasquez v. Holder, that an expedited removal does “stop-time” from accruing for purposes of cancellation of removal. [Link]
February 15, 2011 – Customs and Border Protection announces that the United States District Court for Northern Ohio (Toledo) sentenced a Mexican national to 36 months in prison for illegal reentry. [Link]
February 11, 2011 – USCIS announces they will issue a single document/card to support an alien’s authorization to work (commonly referred to as an EAD) and travel internationally (commonly referred to as advance parole). At present this card will only be issued for properly filed I-485 Adjustment of Status Applications. The document is a list A document for purposes of completing an I-9. [Link]
February 11, 2011 – US Department of State has released the March 2011 Visa Bulletin. [Link]
February 8, 2011 – USCIS issued the linked interim memorandum for adjudication of I-130 cases of foreign nationals in removal proceedings. Although this memorandum is in effect, the local field offices have not set forth policies on how to identify these cases for expedited processing nor have the local offices identified a form of communication for attorneys to notify USCIS of a pending I-130 that needs adjudication under this memorandum.
February 7, 2011 – SEVIS issued the following email and guidance for DSO’s dealing with former Tri-Valley State students.
February 7, 2011 – SEVIS issued the following email and guidance for DSO’s dealing with former Tri-Valley State students.
February 3, 2011 - The Board of Immigration Appeals held, in Matter of Alyazji, that an alien's conviction for a crime involving moral turpitude can only trigger removal pursuant to INA 237(a)(2)(A)(i) if the act was committed within five years of the date of most recent admission. [Link]
February 3, 2011 - The Sixth Circuit Court of Appeals, in Prudize v. Holder, held that the Board of Immigration Appeals must vacate a denial of a motion to reopen where the BIA held it did not have jurisdiction to hear the matter as the alien had departed the U.S. The Circuit determined the regulation for which the BIA relied upon was not grounded in the statute promulgated by Congress and therefore the BIA's decision was without support. [Link]
February 3, 2011 - The Ninth Circuit Court of Appeals held, in Malilia v. Holder, the immigration judge abused his discretion in not granting a continuance to allow petitioner Malilia to have his I-130 Petition for Alien Relative adjudicated by USCIS. The Ninth Circuit held the judge failed to follow the structure set forth by Matter of Hashmi. [Link]
February 1, 2011 - Immigration and Customs Enforcement announced two more Secure Communities in Ohio; Ashtabula and Jefferson Counties. This brings the total of 16 Secure Communities in Ohio. [Link]
January 28, 2011 – The Ninth Circuit Court of Appeals granted a petition for review in part in the case of Young v. Holder. The Court held that the record of conviction was incomplete and insufficient to find that Young had been convicted of an aggravated felony barring him from cancellation of removal.
January 28, 2011 - The Ninth Circuit Court of Appeals held in, Young v. Holder, that the record of conviction provided to the immigration judge did not support a finding that Young had been convicted of an aggravated felony. As such, the Court of Appeals remanded for presentation of evidence in his application for cancellation of removal. [Link]
January 27, 2011 – USCIS announced it has reached the 65,000 cap of H-1B visas. USCIS indicates that they reached the cap on January 26, 2011. The master’s cap exemption was reached on December 22, 2010. Announcement
January 27, 2011 – The Ninth Circuit Court of Appeals denied a petition for review in the case of Mejia-Hernandez v. Holder. The Court held that it lacked jurisdiction to review the BIA’s denial of Petitioner’s untimely motion to reopen.
January 26, 2011 - Tenth Circuit Court of Appeals holds that a conviction for possession of marijuana in a drug free zone is not a "simple possession" and therefore the Respondent was not eligible for a 212(h) waiver.
January 26, 2011 - Second Circuit Court of Appeals holds, in Galluzzo v. Holder, that petitioner did not waive his rights to removal hearings and therefore the order of removal for a denied I-485 was improper. The Circuit remanded back to DHS to determine if petitioner was prejudiced. Petitioner had entered on the visa waiver program, had his I-485 denied and was ordered removed. There are many cases and viewpoints on this issue that are circulating throughout the Circuits and many people are prejudiced by the different perceptions of the USCIS on how to act in these cases. [link]
January 18, 2011 – Immigration and Customs released the linked announcement for foreign nationals to contact ICE if they were terminated from SEVIS due to the recent issues with Tri-Valley State. [Link]
January 18, 2011 - Immigration and Customs Enforcement announces Athens, Ohio is now a under the Secure Communities umbrella. This brings the total number of counties in Ohio to 15 that participate in this program. The program allows local law enforcement to access national databases to ensure individuals charged and booked are checked for other criminal issues. Further, this permits an automated notification to ICE and ICE will independently evaluate immigration status issues and take action. The counties currently activated include: Cuyahoga (Cleveland), Franklin (Columbus), Licking, Athens, Butler, Montgomery, Hamilton (Cincinnati), Summit (Akron), Clark, Warren, Champaign, Logan, Madison, Muskingum, and Union. [Link]
January 12, 2011 - Department of State released the February 2011 Visa Bulletin. [Link]
January 11, 2011 - The Fourth Circuit Court of Appeal, in Crespo v. Holder, held that petitioner/alien's 1997 "conviction" under Virginia Code section 18.2-251 for possession of marijuana was not a conviction for immigration purposes pursuant to U.S.C. 1101(a)(48)(A)(i). [Link]

2010

December 22, 2010 – Office of Chief Administrative Hearing Office found that penalties sought by Immigration and Customs Enforcement in an I-9 compliance case were disproportionate. OCAH ordered Respondent (Subway) to pay $27,150 in penalties for failure to prepare or properly prepare I-9’s. Link
December 9, 2010 - The Department of State issued the January 2011 visa bulletin. [Link]
December 7, 2010 - The U.S. embassy in Mexico has revised the visa procedures and the revised process will begin on January 10, 2011. Biometrics will be collected in another building and done prior to the interview. Further, there will be one overall fee for the information, scheduling and courier service rather than three separate fees. As well, there is no longer a surcharge at Ciudad Juarez, Monterrey and Nuevo Laredo.
December 7, 2010 - The Department of Labor entered into a consent order with Peri Software Solutions, Inc. whereby the company is debarred for 1 year from participating in the H-1B program and the company will pay $638,449 in back wages. [Link] If an H-1B person is benched (or not paid for non-productive time), the company is liable for said wages.
December 6, 2010 - The Sixth Circuit Court of Appeals, in Sanchez v. Holder, held that an alien must demonstrate that the lack of actual notice for a deportation hearing missed was due to some other reason than the alien's failure to properly change his address with the immigration court. [Link]
December 1, 2010-Late last night, Majority Leader Reid (D-NV) filed a new version of the DREAM Act (S. 3992) with the aim of attracting broader support for DREAM to get the requisite 60 votes to pass the Senate. With the filing of this new bill, the anticipated date for bringing DREAM to a vote will be delayed. The earliest Reid could file a cloture motion on the new bill would be this coming Thursday. After waiting out the requisite 30 hours post-cloture, it could "ripen" over the weekend, and effectively come up for a vote on Monday at the earliest.
November 23, 2010 - The Board of Immigration Appeals in, Matter of Sosa Ventura, held that a grant of Temporary Protected Status (TPS) does not constitute a proper basis for terminating removal proceedings.
November 18, 2010 - The Department of Labor assessed J&R Baker Farms $1,311,644 in back wages owed to over 225 workers and assessed fines for violations of the H-2A program in the amount of $126,500.
November 17, 2010 - The Board of Immigration Appeals held, in Matter of Soram, that a violation of Colorado Revised Statute 18-6-401(1)(a) is a crime of child abuse even though no injury occurs.
November 15, 2010 – Department of State releases the December 2010 Visa Bulletin. Having removed Dominican Republic from the general preference categories, we’ve seen the 2A preference remain almost current. However the 2B category remains stagnant. This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas....
November 12, 2010 – USCIS announces its current cap amounts for H-1B bachelor’s cap (47,800 out of 65,000) and H-1B Master’s Cap Exemptions (17,400 out of 20,000) U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. .
November 10, 2010 – USCIS Director Alexander Mayorkas announced several enhancement to E-Verify, the USCIS tool to electronically verify a person’s authorization to work. One of the primary enhancements is the ability to verify the identity of employees who present U.S. passports or passport cards as this data is now compared to data maintained by the Department of State.
November 9, 2010 – The Ninth Circuit Court of Appeals issued its precedent decision in Dent v. Holder. This case stands for the premise that an alien has a right to have a copy of his/her alien file in full as a matter of statute and that the government should not hide behind the regulation requiring a FOIA action to obtain said file.
November 8, 2010 - The Sixth Circuit Court of Appeals, in Camaj v. Holder, held that service of a hearing notice on an alien's counsel is sufficient for purposes of an sustaining an in absentia removal order. [Link]
November 5, 2010 – USCIS announced the current H-1B cap count. There have been 46,800 cap subject petitions submitted in comparison to the cap of 65,000. Additionally, there have been 17,200 Master’s Cap cases submitted in comparison to the 20,000 cap.
November 4, 2010 - Department of Labor announces debarment of Villaverde PLLC for failure connected with the H-1B visa program including but not limited to retaining proper documentation pursuant to regulation and failure to pay the required wage.
October 21, 2010 – Customs and Border Protection (CBP) announced a change in the processing of the I-192 Waiver in Michigan.
October 21, 2010 - The USCIS Administrative Appeals Office (AAO) issued two binding precedent decisions. The first decision holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." Matter of Al Wazzan. The second decision reverses a naturalization denial and clarifies the preservation of residence for an employee of an "American firm of corporation." Matter of Chawathe.
October 20, 2010 – Department of State revised the current reciprocity table with changes to visa validity for Slovakia, Cote D’Ivoire and El Salvador.
October 19, 2010 – USCIS announces current H-1B visa count. There have been 42,800 cap eligible petitions submitted against a cap of 65,000. There have been 15,700 Master’s Cap Exemption cases filed against a cap of 20,000.
October 15, 2010 – Board of Immigration Appeals held that bribery of a public official is not an aggravated felony.
October 14, 2010 - U.S. v. Vision Systems plea agreement is entered where H-1B petitioning company pleads guilty to mail fraud for submitting I-129's containing false information on employee qualifications, location and pay.
October 12, 2010 – Department of State released the November 2010 visa bulletin. Section C addresses diversity visa matters.
October 8, 2010 - Immigration and Customs Enforcement ("ICE") announced its FY10 removal numbers and boasted that DHS had removed more individuals than in any other period in history. According to ICE, the increased use of Secure Communities was a substantial factor. Secure Communities has more than 660 state and local partners nationwide.
September 14, 2010 - The Third Circuit Court of Appeals, in Duhaney v. Holder, held that DHS and ICE are not barred from reinstituting removal proceedings based on criminal activity that was known during a prior proceeding but was not previously charged; res judicata does not apply. [Link]
August 20, 2010 – Ninth Circuit holds that Section 203(g) of the Immigration and Nationality Act requires notice “to the alien” prior to the mandatory termination of immigrant visa registration. This case reminds visa applicants to maintain their current address abroad with the State Department and the National Visa Center to ensure delivery of all notices. This appeal concerns the notice required by statute before the State Department could terminate an immigrant visa registration for failure to file a timely application....
August 19, 2010 - The Sixth Circuit Court of Appeals, Sakarapanee v. DHS, held petitioner's military "discharge on the basis of alienage," barred him from naturalization under INA § 315(a) thus making him ineligible for expedited naturalization under INA § 329(a). [Link]
August 12, 2010. U.S. Citizenship and Immigration Services (USCIS) is pleased to share some important news from U.S. Immigration and Customs Enforcement (ICE). ICE has announced the launch of the Online Detainee Locator System (ODLS) - a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detained aliens in ICE custody. Please click here for an attached ICE News Release and an informational brochure in English and Spanish. The ODLS is located on ICE's public website at http://www.ice.gov/.
August 10, 2010 - The Sixth Circuit Court of Appeals, in Barakat v. Holder, held that DHS bears the burden of proving that a vacated conviction was for an immigration or rehabilitative reason in order to avoid deportation or removal consequences. DHS argued that the underlying conviction record "shed(s) no light on the reason for the [vacateur]" and therefore was for an immigration or rehabilitative reason. The Sixth Circuit disagreed. [Link]
August 2, 2010 - The Sixth Circuit Court of Appeals held, in Mezo v. Holder, that the Board of Immigration Appeals abused their discretion by not finding equitable tolling on a motion to reopen. Mezo's primary attorney failed to timely file their brief. Subsequent counsel attempted to reopen the matter making the equitable tolling argument. [Link]
July 30, 2010 - The Sixth Circuit Court of Appeals held, in Villegas de la Paz v. Holder, that it had jurisdiction to review a reinstatement of removal action pursuant to 8 U.S. 1252(b). Reinstatement actions are initiated on Forms I-871 and seek to reinstate a prior order of removal. [Link]
July 26, 2010. USCIS indicates that 26,000 H-1B cap subject matters are processed as of July 23, 2010 and that 11,300 Master's Cap Exemption matters have been processed as of the same date. Read More
July 26, 2010. USCIS announced the results of the public survey on top-to-bottom policy review. The top two areas of policy review for USCIS are the National Customer Service Center and H-1B Programs.
July 26, 2010. Department of Justice announced three Colombian nationals have been returned to the U.S. after having fraudulently procured visas from the U.S. embassy in Bogota. All three face charges of visa fraud, false statements to government officials and conspiracy. Read more
July 20, 2010. Immigration and Customs Enforcement announced the fifth Ohio county to enroll in Secure Communities; Hamilton County. They join Butler (where one of the ICE detention facilities is located), Cuyahoga (Cleveland and where the immigration court is located), Franklin (Columbus) and Montgomery counties. Secure communities allows a link to ICE and DOJ databases to identify criminal aliens.
July 20, 2010. USCIS announces their H-1B cap count for FY2011. USCIS indicates 25,300 cap subject petitions which is an increase of about 500 from last week and 11,000 Master's Cap Exempt cases which is an increase of about 400 from last week.
July 15, 2010. USCIS announces that from October 1, 2009 through the present it has approved 10,000 U Visa petitions. This is the statutory maximum. This is the first time that the statutory maximum has been reached.
July 14, 2010 - The Seventh Circuit Court of Appeals, in Marin-Rodriguez v. Holder, held that the Board of Immigration Appeals has jurisdiction to decide a motion to reopen or reconsider filed by an alien who subsequently removed from the U.S. [Link] This ruling follows the line of thinking in both the Sixth Circuit and the Ninth Circuit.
July 14, 2010. USCIS issued updated H-1B cap numbers indicating that 24,800 cap subject cases are filed and either pending or approved as of
July 14, 2010. USCIS Director Alejandro Mayorkas has appointed Rosemary Langley Melville, currently the Acting Regional Director in the Southeast Region, as the new California Service Center (CSC) Director. Ms. Melville will assume her new responsibilities in late August. Effective Monday, July 12th Barbara Velarde, Deputy Associate Director for Service Center Operations, assumed the role of Acting Director of the CSC with Phoenix District Director John Kramar as the Acting Deputy Director.
July 13, 2010. Immigration and Customs Enforcement announced it has launched eight additional "Secure Communities" in North Carolina. The counties newly linked are Cherokee, Clay, Graham, Haywood, Macon, Madison, Swain, Yancey. It brings the total to 29 jurisdictions in North Carolina. Read More here
July 13, 2010. The Department of State issued the Visa Bulletin for August 2010.
July 12, 2010 - The Sixth Circuit Court of Appeals, in Ferrans v. Holder, held that an alien who claims to be a citizen of the U.S. for purposes of procuring private employment is deportable and inadmissible. [Link]
July 12, 2010. The Federal Register contains notice that extends the registration period for applicants for Temporary Protected Status (TPS) for Haitian nationals through January 18, 2011. Click to read more.
Administrative Review Board finds that moneys paid through a partnership are not wages for the purpose of a Labor Condition Application and H-1B employment. Therefore, the employer (Avenue Dental Care) is liable for payment of all asserted back pay. Read More Here
July 9, 2010. The Department of State announces that effective immediately, non-immigrant visa seekers from China may book their appointments at any of the consulates in any of the U.S. consulate including Chengdu, Guangzhou, Shanghai, and Shenyang regardless of their province of residence.
July 9, 2010. Click here to review most recent Federal Register including the El Salvadoran TPS (Temporary Protected Status) Extension
July 8, 2010. The Third Circuit held in, Leslie v. Holder, that an immigration judges failure to advise a respondent of the free or low cost legal services, as required in the Code of Federal Regulations under 8 CFR 1240.10(a)(2)-(3), renders the underlying removal order invalid.
July 7, 2010. The Board of Immigration Appeals (BIA) held in Matter of Sanchez-Cornejo, that delivery of a controlled substance is not an aggravated felony but is a controlled substance violation.
July 7, 2010. USCIS announced that it has received and is processing 24,200 cap subject petitions towards the 65,000 visa cap. USCIS further announced it has received and is processing 10,400 Master's Cap Exemption petitions. H1-B Cap Count
July 7, 2010. USCIS announces that as of September 30, 2010 it will no longer accept older versions of the Puerto Rico birth certificate. Cases filed on or after September 30, 2010 must include the new and more secure birth certificates. Cases pending will not be affected. The certificate is just proof of status, not status itself. A person born in Puerto Rico as a U.S. citizen does not lose that status. Such a person merely needs to obtain a new version birth certificate.
July 6, 2010. The Department of Justice filed suit against Senate Bill 1070 in Arizona on today's date. The Department of Justice should be applauded for their actions. While the bill may be viewed in many ways, one of the more positive ways to view it is as a cry for help. The immigration system is broken and needs comprehensive reform. This bill may spur Congress to do the right thing and fix the broken system.
June 30, 2010. USCIS issued, via posting on its website, guidance on the "start date" for purposes of E-Verify and I-9 compliance. Read More here.
June 29, 2010. Board of Alien Labor Certification Appeals (BALCA) held, in Matter of Trans Atlantic Systems Inc., that an employer's failure to maintain documentation of posting of recruitment on the company's website violates the requirement in the regulation and is grounds for denial.
June 29, 2010. Board of Alien Labor Certification Appeals (BALCA) held, in Matter of Virginia Carolina Construction, that an employer's conclusory statement that a foreign worker meets the minimum education and work experience requirements is not sufficient and such an assertion necessitates adequate documentation and corroboration before certification.
June 25, 2010. USCIS issued its advisory on the H-1B Cap Processing.
June 23, 2010. Board of Immigration Appeals (BIA) held in Matter of Garcia-Arreola, the mandatory detention provision of the INA only applies to individuals release from criminal custody after the expiration of TCPR and only where the underlying custody is directly tied to the provisions in INA 236(c)(1)(A)-(D). The BIA further withdrew its holding in Matter of Saysana.
June 22, 2010. Immigration and Customs Enforcement announce that US citizen Justin Martin plead guilty to marriage fraud (entering into a marriage for the purpose of evading the immigration laws and in receipt of something of value). His case is being prosecuted in the Western District of Kentucky. Read more here
June 21, 2010. Board of Immigration Appeals (BIA) held that failure to timely submit documents in support of an application for relief does not necessitate an IJ finding of an abandonment of the application itself. Matter of Interiano-Rosa.
June 18, 2010. Board of Immigration Appeals (BIA) held in Matter of Castillo-Padilla, that release from custody on conditional parole pursuant to INA 236(a)(2)(B) is legal distinguishable from temporary humanitarian parole pursuant to INA 212(d)(5)(A) and therefore does not provide a vehicle for foreign national to apply to adjust status.
June 17, 2010. AAO issued a decision on drug use as a ground of inadmissibility. AAO overturned the Officer In Charge's determination that the Applicant was inadmissible pursuant to INA 212(a)(2)(A)(i)(II).
June 15, 2010. USCIS indicates that as of June 11, 2010 they have received/processed 22,200 cap subject H-1B petitions. Link
June 14, 2010. The Supreme Court of the United States held, in Carachuri-Rosendo v. Holder, that in order for an immigration judge to deem a recidivist drug possession conviction as an aggravated felony, the underlying State conviction must have provided the defendant notice of the enhancement and an opportunity to challenge the prior conviction. The Court further indicated that a common sense application of the term "aggravated felony" must be used and that a 10 day sentence for drug possession does not nearly rise to such a connotation.
June 10, 2010. Ninth Circuit held that 212(k) relief applies to beneficiaries of visa petitions where the petitioner received their status through fraud or by other unlawful means. Read More
June 4, 2010. View recent appellate decision in case Gor v. Holder on a review of removal order.
June 3, 2010. Department of Justice announces the denaturalization of a U.S. citizen who served in the Bosnian military between 1992 and 1995. Jadranko Gostic failed to disclose his membership in the military and therefore procured his citizenship in the U.S. via fraud.
June 3, 2010. Department of Justice announces Border Patrol Agent Eduardo Moreno pleaded guilty to violating a Mexican national's civil rights by assaulting him while he was in custody. Sentencing is August 12, 2010.
June 2, 2010. The Northern District of California ruled that the inspection (4 months subsequent to its seizure) of Defendant's laptop required a warrant. Although covered under the border inspection and extended border inspection doctrines, the court held too much time elapsed and the results of the inspection were excluded. U.S. v. Hanson.
June 2, 2010. Immigration and Customs Fugitive Operations announced the arrest of 72 immigration fugitives. Of those arrested, 59 had been ordered deported but remained in the U.S. The others were wanted for deportation proceedings based on past criminal history. Read More here
May 28, 2010. Immigration and Customs Enforcement announces its first removals to Iraq.
May 20, 2010. Department of Homeland Security Secretary Janet Napolitano announced the eliminate of the I-94w (green I-94 card) for participants in the Visa Waiver Program (VWP)
May 19, 2010. Department of Justice settled its document discrimination case with John Jay College. DOJ and John Jay agreed to $23,260.00 in civil penalties and $10,072.23 in back pay. Read settlement here
May 18, 2010. USCIS announces FY2011 H-1B cap count update and indicates that 19,000 cap subject cases have been filed and are either approved or pending as of May 14, 2010 and that 8,100 master's cap exemptions cases (of the 20,000 allotted) are approved or pending.
May 17, 2010. Department of Justice announces a settlement in its H-1B discrimination case against ValleyCrest Landscape Companies in Virginia. The settlement calls for back pay of $11,173 to a U.S. citizen who applied for a job and was not hired. Read settlement here
May 17, 2010. Department of Justice and Executive Office of Immigration Review swore in four new immigration judges including Judge Alison Brown for the Cleveland Immigration Court.
May 12, 2010. Department of State released the June 2010 Visa Bulletin.
May 11, 2010. The Sixth Circuit Court of Appeals held that the government failed to meet its burden of clear and convincing evidence that Hassan and his wife were married prior to their entrance into the U.S. The Hassans therefore were not deportable for having been inadmissible at entry. The Circuit further held that the government failed to meet its burden in proving that Hassan falsely claimed to be a U.S. citizen on a loan document. The Circuit ordered the removal order quashed and the removal proceedings terminated. Hassan v. Holder
May 11, 2010. USCIS announced the introduction of a new, security enhanced resident alien card. USCIS indicates it will issue these cards from this point forward. There is no language in the announcement indicating that all permanent residents must file to get these new cards. In fact, in the FAQ, USCIS indicates that prior cards with no expiration date remain valid. Contrary to past versions, this card will actually be green in color to conform with the common name of "green card." To file for a new card, an alien must complete and submit a form I-90. If an alien has any kind of criminal history, he/she should retain counsel prior to filing. Read more here
May 11, 2010. USCIS announces it has approved 24,199 H-2B cap subject petitions and there are 828 pending. H-2B's are not dual intent visas and should not be misconstrued with the H-1B program. The H-2B cap is split into two parts of the fiscal year with USCIS allotting 33,000 per half of the year.
May 11, 2010. USCIS announces (as of May 6, 2010) it has approved 18,000 H-1B cap subject petitions of the 65,000 allotted. USCIS further indicates 7,600 approvals of the 20,000 master's cap exemption. Read Announcement.
May 11, 2010. USCIS announces the re-registration for Honduran and Nicaraguan TPS filings. Persons who entered after December 30, 1998 are not eligible for this benefit.
May 10, 2010. The Ninth Circuit Court of Appeals granted petition for review in Casares-Castellon v. Holder of the Board of Immigration Appeals decision to deny petitioners application for cancellation of removal. Petitioner filed his application timely, but failed to timely submit his supporting documents and the matter was denied for that failure. The Ninth Circuit overturned that decision.
May 10, 2010. The Ninth Circuit Court of Appeals denied petition for review in Partap v. Holder. The petitioner's application for cancellation of non-lawful permanent residents had been denied at the immigration court level and at the Board of Immigration Appeals. The basis for the denial was that Partap did not have a qualifying relative. Partap sought cancellation based off an unborn child. All courts agreed that an unborn child is not a child under the Immigration and Nationality Act.
May 7, 2010. ICE Memorandum from Assistant Secretary John Morton dated December 8, 2009 titled National Fugitive Operations Program: Priorities, Goals and Expectations. Of critical note is the allocation of resources to those with final orders of removal and criminal aliens. Additionally and of note is the requirement for the Fugitive Ops team members to undergo Fourth Amendment Search and Seizure training bi-annually.
May 7, 2010. ICE Memorandum from Assistant Secretary John Morton dated November 19, 2009 titled Superseding Guidance on Reporting and Investigating Claims to U.S. Citizenship. Critically, this memo delineates the protocol for ICE Agents in determining how to handle cases involving claims to citizenship, removal proceedings and most importantly custody determinations.
May 4, 2010. The Ninth Circuit Court of Appeals granted petition for review in Cruz Rendon v. Holder as the Immigration Judge denied a reasonable continuance request and limited the testimony of the Petitioner/Respondent. The Circuit Court held that this constituted a denial of Due Process rights.
May 4 ,2010. The Seventh Circuit denied the petition for review of Agron Kucana. This matter had been at the Supreme Court for review of whether or not the Circuit court had jurisdiction to determine if the BIA abused its discretion in denying a motion to reopen. This matter dealt with the ultimate merits of the case and the Circuit court denied the petition for review. Read More here.
May 3, 2010. The Seventh Circuit held (in a consolidated appeal) that an immigration judge has jurisdiction to review a rescission order if the sufficiency of the notice requirement is at issue. Cueto Estrada properly challenged the immigrations judge's refusal to review the rescission order in his application for cancellation of removal and Cueto Estrada fought the matter on a second front by litigating the underlying order with USCIS and the federal district court.
April 26, 2010. Immigration and Customs Enforcement continued its trend of charging employers for unlawful hiring practices. ICE levied charges against two staffing companies in Bensenville, IL for supplying temporary workers who were not authorized for employment in the U.S. Read Article Here
April 23, 2010. The Ninth Circuit, in Sum v. Holder, denied the petition for review and clarified its definition of the term "admitted" for purposes of a 212(h) waiver.
April 23, 2010. USCIS Announces that it has received approximately 13,600 regular H-1B cap cases and 5,800 master's cap exemption cases as of April 15, 2010.
April 23, 2010. CBS News (and other sources) report President Obama considers the Arizona immigration law as "misguided" and that is "legislation that threatened to undermine the basic notions of fairness that we cherish as Americans, as well s the trust between police and their communities that is so crucial to keeping us safe." The law would mandate police inquiry into a person's status if there is suspicion the person lacks proper federal immigration documentation. Immigration laws are federal in nature and the States (until now) did not have right or authority to enforce them.
April 22, 2010. The Board of Immigration Appeals held, in Matter of Richardson, that a conviction for Conspiracy without an overt act is still an aggravated felony for immigration purposes. [Link]
April 21, 2010. The Board of Immigration Appeals held, in Matter of Koljenovic, that an entrance without inspection coupled with a subsequent adjustment of status is considered an admission for purposes of a 212(h) waiver.
April 21, 2010. Immigration and Customs reports that a San Diego area bakery, its owner and manager have been indicted on federal charges for hiring undocumented workers. There are fourteen felony counts including making false statements. According to the indictment the managers certified I-9's indicating that the documents presented by the workers appeared to be genuine. However, the managers allegedly received "no match" letters from the Social Security Administration and continued the employment by paying the workers in cash. Read story here.
April 20, 2010. The San Jose Mercury News reports that a federal jury convicted former Immigration and Customs Enforcement Trial Attorney Constantine Kallas of 36 counts ranging from Conspiracy to Obstruction of Justice for taking bribes from immigrants to help them stay in the country.
April 19, 2010. Department of Justice files lawsuit against John Jay College for engaging in a pattern and practice of discrimination by requiring all non-U.S. citizens to present certain work authorization documents, to the exclusion of other acceptable documents, and thereby placing an unnecessary burden on them.
April 16, 2010. Board of Alien Labor Certification Appeals issued a decision in PSI Family Inc. indicating that a failure to show the dates of a website advertisement does not comply with the regulations for recruitment. Read Decision Here.
April 14, 2010. The Ninth Circuit, in Joseph v. Holder held an immigration judge may not use their bond hearing notes in determinations made in removal proceedings. All attorneys are expressly encouraged to request review of the IJ's record of proceeding to ensure that no bond hearing notes are included.
April 12, 2010. The Second Circuit held an applicant under the Visa Waiver Program who uses a fraudulent passport is still an applicant an therefore properly removed upon denial of their asylum claim. Read Decision Here
April 12, 2010. Department of State issued the May 2010 Visa Bulletin.
April 9, 2010. USCIS advises that it has received approximately 13,500 H-1B towards the FY 2011 cap with approximately 5,600 of those with advanced degrees. Click here to view.
April 9, 2010. The Ninth Circuit held, using the modified categorical approach, that a conviction pursuant to 487(a) of the California Penal Code is an aggravated felony as the court abstract identified tangible property as stolen and not services. Read More Here
April 7, 2010. Board of Alien Labor Certification Appeals affirmed the CO's denial and held the CO may posit an issue on its final determination for the first time and no prior notice to employer is necessary. Read More Here
April 7, 2010. Board of Alien Labor Certification Appeals affirmed CO's denial for additional job requirement in advertising but not in the ETA 9089. Read More Here
April 6, 2010. Cleveland Immigration Court Administrator Bill Roder announced the following "[i]t is with great pleasure that I have the opportunity to inform you of the arrival of our third Immigration Judge. Judge Alison Brown will officially report to the Cleveland Immigration Court on Monday, the 26th of April, 2010. Please keep in mind Judge Brown will be completing various phases of her IJ training after her arrival, and will not be hearing cases in Cleveland until June."
April 6, 2010. USCIS Vermont Service Center Stakeholders Meeting Notes indicate that, as of close of business on Monday, April 5, 2010, VSC had received a total of 9,525 cap-subject H-1B petitions. Of those petitions, 6,791 were "regular" cap, and 2,734 were advanced degree. All cases received before April 7, 2010, will have an April 7, 2010 receipt date. Those received on April 7, 2010 or later will bear the actual receipt date. For those submitted for Premium Processing, the clock will start on April 7, 2010. VSC reminds that the numbers quoted above do not include the California Service Center intake, which has not yet been made available.
March 31, 2010. The Supreme Court held that criminal defense lawyers must advise their noncitizen clients about the risk of deportation if they accept a guilty plea. The Court further recognized that current immigration laws impose extremely harsh and mandatory deportation consequences onto certain criminal convictions. The Court noted that Congress eliminated from these laws the Attorney General's discretionary authority to cancel removal in many meritorious cases. The Court stated, "These changes to our immigration law have dramatically raised the stakes of a noncitizen's criminal conviction. The importance of accurate legal advice for noncitizens accused of crimes has never been more important." Link to decision.
March 30, 2010. Board of Alien Labor Certification Appeals held use of an employee referral program, even if not specifically promoting the underlying job, is sufficient recruitment. Clearstream Banking
March 30, 2010. Board of Alien Labor Certification Appeals held that a letter to the publisher of a newspaper requesting an ad be placed and documentation showing the ad was paid for is not sufficient documentation to prove ads ran in compliance with the regulations. Natural Nature Inc.
March 27, 2010. Immigration and Customs Enforcement Secretary John Morton issued the this memo withdrawing a previous memorandum published in the Washington Post. The withdrawn memo leveled deportation goals on each officer based on pay grade. It also leveled deportation goals for non-criminal cases contrary to the Obama Administration’s policy. The Morton Memo clearly shows that the right hand of ICE does not agree with the left hand and this will only confuse the ranks and cause more issues within the agency. Immigration reform is critical but unlikely in the next few months. Until that time, the entire detention system should be put reviewed by an independent third party and possibly managed by a third party.
March 26, 2010. The Administrative Appeals Office held, in a very unusual case, that a beneficiary of a labor certification cannot adjust their status if there has been a substitute beneficiary of that labor certification. March 26, 2010 Decision.
March 25, 2010. The Eighth Circuit held, and in consideration of Kucana v. Holder, that the immigration judge did not abuse his discretion in denying a continuance as it was one of many and where the Respondent had submitted fraudulent documents in conjunction with an I-130 petition.
March 24, 2010. Southern District of Iowa court (hearing an immigration fraud case titled U.S. v. Vision Systems) ruled on Defendants Motion to Dismiss and Motion to Suppress. This case deals with a company allegedly fraudulently attempting to obtain H-1B visas for their employees. The court held that the notice require in the H-1B regulations is insufficient as a property right to sustain a mail fraud charge under 18 USC 1341. The court therefore dismissed counts 2 through 9. The court further dismissed the forfeiture count as it was fatally vague as to which Defendant. Finally, the court excluded all electronic data images from the case and described the lead agent as grossly reckless in not adhering to the sixty (60) day time frame in which ICE was supposed to conduct the electronic data search.
March 22, 2010. The Eighth Circuit, in Clifton v. Holder, held the BIA failed to properly support its decision denying to exercise its discretion in a motion to reopen/remand based on an approved I-360.
March 18, 2010. Office of Chief Administrative Hearing Officer issued its decision in U.S. v. New China Buffett finding that New China's failure to complete section 2 of the I-9 within three business days of the hiring of new employee was a substantive violation and not a technical violation. Case is set for briefing on penalties.
TRAC reports that Immigration Judge’s across the country are increasingly ruling against ICE in determining whether or not a person is subject to removal. The current report shows that one of every three cases the IJ’s are denying ICE. This has increased from one out of every four; about an 8% increase in favor of the foreign nationals. TRAC also reports ICE refuses to comply with a FOIA action filed on March 17, 2010.
March 15, 2010. Department of State issued the visa bulletin for April 2010.
March 12, 2010. Ninth Circuit holds that a state drug trafficking crime that does not contain a firearm element is nonetheless a drug trafficking crime under the federal code and is therefore an aggravated felony. Read more here
March 11, 2010. President Obama issued the following statement regarding his meeting on immigration reform. The members of AILA, including myself, are participating in the National Day of Action with Congress on March 25, 2010. We will be lobbying Congress for positive changes to the broken immigration system.
March 9, 2010. DHS Secretary Janet Napolitano designates Greece as a Visa Waiver Program country. The Visa Waiver Program permits citizens and nationals of designated countries to enter the U.S. as visitors without visas for a period of ninety days. However, such entrances are without the safeguards of the immigration courts as status violators and other deportable offenses trigger summary removal without court proceedings (thus the "waiver" portion of the Visa Waiver Program).
March 9, 2010. USCIS announces it will accept H-1B filings for FY 2011 on or after April 1, 2010. Read full announcement.
March 9, 2010. American Immigration Lawyers Association released this document indicating removals by country for fiscal years 2008 and 2009.
March 3, 2010. Second Circuit Court of Appeals holds, in Herrera-Molina v. Holder, that section 241(a)(5) of the INA (regarding reinstatement of prior removal orders) is not impermissibly retroactive for orders entered prior to the sections enactment (IIRIRA). The Circuit also held that this section strips respondent of the ability to apply for any form of relief from removal and does not deprive him of his Due Process.
February 24, 2010. First Circuit Court of Appeals holds, in Castro-Soto v. Holder, a previously exercised I-130 petition cannot be reasserted for purposes of adjusting status under section 245(i) of the INA.
February 19, 2010. BIA holds, in Matter of Millan-Dubon, that a police report incorporated into a record of conviction can be used in determining removability.
February 19, 2010. Board of Immigration Appeals held that when applying the modified categorical approach to assess an alien's criminal conviction, the immigration judge may consider the contents of the police report if said report is specifically incorporated into the record of the criminal proceedings. Read decision here.
February 17, 2010. Economic Policy Institute issued a paper titled "Bridge to Immigration or Cheap Labor? The H-1B & L-1 Visa Programs Are a Source of Both"
February 10, 2010. Ninth Circuit Court of Appeals holds that indecent exposure, a violation of section 314 of the California Penal Code, is not a crime involving moral turpitude using the categorical approach. Nunez v. Holder (2/10/10).
February 10, 2010. Boulder, Colorado restaurant owner indicted for fraud, harboring illegal aliens and other charges. He entered the U.S. using E-2 Non-Immigrant Principal Investor Status and ran Thai and Japanese restaurants in several cities. He allegedly added additional terms of employment to foreign nationals including paying a "bond," monetary penalties for violating the terms of the employment and visa preparation fees.
February 9, 2010. Department of State issued the visa bulletin for March of 2010.
January 29, 2010. BIA holds, in Matter of Young Ho Kim an unpublished decision, that a Georgia court's modification of sentence should be given full faith and credit and therefore alien was not deportable for an aggravated felony.
January 25, 2010. Second Circuit Court of Appeals finds that an Applicant for Naturalization cannot be absent from the U.S., post-examination, for more than one year and still qualify for citizenship. Read more here.
January 20, 2010. Seventh Circuit Court of Appeals holds, in Bayo v. Napolitano, that a foreign national must knowingly and intelligently waive their rights to removal proceedings in order to be summarily removed for a Visa Waiver Program violation.
Immigration and Customs Enforcement released a listing of all detainee deaths from 2003 to present. Fifteen of these deaths were listed as "suicide;" that's over 10% of the total.
January 21, 2010, the Department of Homeland Security issued a notice announcing that the designation of Haiti for Temporary Protected Status (TPS) would last for a period of 18 months. The 180-day registration period (for eligible individuals to submit their TPS applications) begins on January 21, 2010 until July 20, 2010. (75 FR 3476, 1/21/10).
January 21, 2010, the New York Times reports that Immigration and Customs Enforcement agents broke up a hunger strike at the Varick Detention Center in Lower Manhattan.
January 20, 2010, the Supreme Court of the United States held that 8 U.S.C. 1252(a)(2)(B)(ii) does not preclude federal court review of a denial of a motion to reopen. This decision removes the ability of the BIA to rubber stamp discretionary denials as federal court review acts as a Sword of Damocles. Read decision here
January 8, 2010 the Ninth Circuit Court of Appeals held that it had jurisdiction to review the immigration judge's determination on whether or not a foreign national has demonstrated "extreme hardship" and is therefore eligible for a waiver of the joint filing requirement in a petition to remove conditions. Read decision here
January 18, 2010. The Department of Homeland Security in conjunction with the U.S. Department of State announced a policy regarding issuance of humanitarian parole for orphaned children from Haiti. Humanitarian parole is a device that does not confer an immigration status, but does allow a person to enter the U.S. temporarily. This humanitarian parole is designed to ensure that they receive the care they need. Click here to read full policy announcement.
January 14, 2010. Police Chief Richard Biehl issued the executive order to his nearly 390 officers on Dec. 30 telling them, "Citizens must feel free to call for police services without fear of undue repercussions." Ohio AILA applauds the efforts of Chief Biehl in restoring immigrants' confidence in law enforcement that their immigration status would not hinder their ability to seek police assistance and protection. Read full article
January 13, 2010. Department of Homeland Security issued a press release today announcing a halt in all removals (formerly known as deportation) of Haitian nationals. This policy will be in effect for the foreseeable future.
January 13, 2010. American Immigration Lawyers Association has formerly requested that Department of Homeland Security designate Temporary Protected Status for all Haitian nationals. TPS, as it is commonly known, permits a person from the designated country to remain in the U.S. until the country is removed from the TPS list. TPS is permitted if the foreign national has not committed any crimes and does permit for the foreign national to obtain work authorization.
January 12, 2010. The First Circuit held in Saysana v. Gillen, No. 09-1179 (1st Cir. Dec. 22, 2009) that the statute only contemplates mandatory detention following release from non-DHS custody that relates to the INA 236(c) offense, not merely any release from any non-DHS custody.
January 12, 2010. The Sixty Circuit held in Acquaah v. Holder, No. 09a0430p-06 (6th Cir.) that unless immediate and affirmative steps are taken to correct a scheduling or communication error, the immigration judge is correct in denying a motion to reopen an in absentia order under the exceptional circumstance standard.
January 11, 2010. On December 19, 2009, American Immigration Lawyers Association submitted an amicus brief in the Matter of Albert Einstein Medical Center and Abingdon Memorial Hospital. The brief requests that Board of Alien Labor Certification Appeals (BALCA) should overrule Matter of Vito- Volpe and Matter of Crawford & Sons. AILA further requested that BALCA adopt a test for determining what constitutes permanent full time work.
January 10, 2010. New York Times reports on how Immigration and Customs hid the details of the shocking death of Baboucar Bah, a detainee. The Times also reports 107 ICE detainees have died in custody since 2003. Read full article
January 4, 2010. The Office Administrative Appeals sustained an EB-1 petition based on extraordinary ability in the sciences. The Service Center originally denied it as the alien had co-authored (and wasn't the sole author) of required published material and that "weight" should not be assigned to collaborative material. Read More Here
January 4, 2010. Board of Alien Labor Certification Appeals (BALCA) reversed the certifying officers denial for the employer's omission of certain facts. BALCA found the denial arbitrary and capricious, absent the COs explanation of the materiality of the omissions. However, the Board continued to emphasize the employer's failure to file a complete Labor Certifictaion Application is grounds for denial. Matter of Ben Pumo, 2009-PER-00040 (10/29/09).
Janaury 4, 2010. Board of Alien Labor Certification Appeals (BALCA) vacated the certifying officer's denial finding the CO failed to precisely request the documentation regarding prevailing wage determination. Matter of Galaxy Studios, Inc., 2009-PER-00221 (10/29/09).
February 2010. Visa bulletin has been released by the Department of State.
January 4, 2010. USCIS issues guidance regarding medical examination form I-693. Forms filed with adjustment of status cases that have no Class A or Class B conditions will remain valid until completion of the underlying case. This policy remains in effect until January 1, 2011.

2009

December 21, 2009. USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for FY 2010. USCIS indicates that December 21, 2009 therefore is the "final receipt date" for new H-1B petitions requesting an employment start date in FY 2010. For those cases filed above the cap on that day, a random lottery will be instituted for selection for processing. Link to Announcement
December 15, 2009. U.S. Congressman Luis V. Gutierrez (D-IL) introduced a comprehensive immigration reform (CIR) bill today in the House of Representatives. The bill is named the CIR for America's Security and Prosperity Act 2009 (CIR ASAP).
December 15, 2009. USCIS announces they've received 62,900 H-1B toward the 65,000 numerical cap.
December 14, 2009. Ninth Circuit holds, in Palayo-Garcia v. Holder, that a conviction pursuant to section 261.5(d) of the California Penal Code does not meet the definition of an aggravated felony for "sexual abuse of a minor."
December 11, 2009. DOS released the Visa Bulletin for January 2010. Section D offers an extensive discussion of visa availability projections for the remainder of FY 2010.
December 9, 2009. USCIS issued a statement through their website indicating they have received 61,500 H-1B petitions. The cap is 65,000 with exemptions for master's degrees and some of the unused visa numbers from the H-1B1 Chile/Singapore category. Filing H-1B's is now at a premium. Read Announcement
December 4, 2009 - EOIR Announces the opening of an immigration court in Lumpkin, GA at the Stewart Detention Center. Read Announcement
December 2, 2009. Ninth Circuit holds, in Cruz-Rendon v. Holder that the immigration judge failed to permit a full hearing on petitioner's cancellation of removal case. The Ninth Circuit remanded the matter for the IJ to take the appropriate testimony.
November 30, 2009. Board of Immigration Appeals held that a step-child, as defined in section 101(b)(1)(B) of the INA is a qualifying relative for purposes of cancellation of removal for non-LPR's under INA 240A(b)(1)(D). Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009)
November 20, 2009. USCIS updated their webpage to indicate that they received 56,900 H-1B petitions. With a cap of 65,000, we are nearing the exhaustion. It is critical that any cap subject business that has been holding out on petitioning for a foreign national for a specialty occupation position, consider the cap numbers and move to file immediately.
November 19, 2009. At a Department of Homeland Security program titled "2009 Government and Employers: Working Together to Ensure a Legal Workforce," Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) office, explained the three types of site visits to include:
1) Risk Assessment Program study
2) Targeted Site Visits and
3) Administrative Site Visits (primarily for religious worker and H-1B cases). His comments included some hints as to what the visits should include and the information requested by the inspectors.
November 19, 2009. Immigration and Customs Enforcement issued guidance on I-9 Inspection protocol. If your company has received a Notice of Inspection or a subpoena for records, call us today. If your company has not received anything from CIS or ICE but wants to ensure compliance with any potential I-9 audit, call us.
November 19, 2009. ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. The use of the I-9 inspection buoys the Obama Administration protocol to target employers more than individuals in immigration enforcement.
November 19, 2009. DHS Secretary Janet Napolitano, ICE Assistant Secretary John Morton, USCIS Director Alejandro Mayorkas announced the new "I E-Verify" campaign to recognize the approximately 170,000 businesses that use E-Verify, DHS' online system to verify employment eligibility of new hires.
November 17, 2009 - Board of Immigration Appeals held that it is the alien's burden to prove he/she is not a danger to persons or property before an immigration judge can consider issuing a bond. Matter of Urena, 25 I&N Dec. 140 (BIA 2009)
November 12, 2009. Board of Immigration Appeals issued its decision in Matter of Rajah, 25 I&N Dec 127 (BIA 2009) regarding how an immigration judge should view a motion to continue for a pending employment based visa petition.
November 11, 2009. Department of Labor issued the December 2009 Visa Bulletin.
November 5, 2009. USCIS announced it will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. Said H-1B petitions will only be accepted if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL's email giving notice of receipt of the LCA.
November 4, 2009. The Board of Immigration Appeals held, "[a]n alien may be rendered inadmissible under section 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(i)(II) (2006), on the basis of a conviction for possession or use of drug paraphernalia" and that "[a]n alien who is inadmissible under section 212(a)(2)(A)(i)(II) of the Act based on a drug paraphernalia offense may qualify for a waiver of inadmissibility under section 212(h) of the Act if that offense "relates to a single offense of simple possession of 30 grams or less of marijuana." The case is Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009). Call our office to discuss representation.
November 2, 2009. Board of Immigration Appeals holds that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien's plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009).
November 1, 2009. USCIS issued an update and FAQ on their recent revisions to the medical examination Form I-693 and the recent change in tuberculosis testing. Read Announcement.
October 30, 2009. The AAO sustained an appeal and found that the occupation of a "market research analyst" does not require specification of one or more fields of study for a Master's degree. The AAO based its conclusion on the Occupational Outlook Handbook (OOH) and O*Net online database to confirm that the offered position requires at least a bachelor's degree and in some cases a Master's. Link to Decision
October 30, 2009. The AAO sustained an appeal and found that the occupation of a "computer software engineer" does not require specification of one or more fields of study for a Master's degree. The AAO based its conclusion on the Occupational Outlook Handbook (OOH) and O*Net online database to confirm that the offered position requires at least a bachelor's degree and in some cases a Master's. Link to Decision
October 30, 2009. Customs and Border Protection recently issued a practice alert regarding the ESTA application and disclosure of any 221(g) denials. Please contact our office if you are filing an ESTA application and have previously received a 221(g) denial.
October 29, 2009. The New York Times reports President Obama's administration may push for asylum relief for victims of spousal abuse. This trends from the recent and well publicized case of Rody Alvarado Pena. Click here to read Article
October 29, 2009. USCIS updated its website and instructs that although the revised G-28 notes that previous versions of the form will not be accepted, USCIS has decided to extend the grace period for accepting previous versions of Form G-28. In the interim, USCIS will not reject filings accompanied by older versions of the form until further notice.
October 29, 2009. The Sixth Circuit Court of Appeal finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. Petitioner raised the argument as a matter of chronological procedure arguing that once an asylum application is found to be time barred, then the immigration judge should make a finding on the merits or if the application was frivolous. The Sixth Circuit disagreed. See Ghazali v. Holder 10/29/2009.
October 25, 2009. USCIS Announces Updates the FY 2010 H-1B cap. As of 10/25/2009, USCIS received approximately 52,800 H-1B cap subject petitions. With a cap of 65,000, that means approximately 12,200 remain. Petitioners now filing for a cap subject H-1B should consider using premium processing to ensure their petition is received and processed prior to exhaustion of the cap.
BIA finds that in determining whether the alien is eligible for a waiver under former INA §212(c), the date of the alien's plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009).
October 24, 2009. Pocono Record reports "Federal authorities say the temp agency that supplied an East Stroudsburg factory with undocumented workers in 2007 is involved in an extensive and complicated web of fraud." Read Article
October 23, 2009. "According to court documents, from October 1998 until June 2007, Steven Mahoney filed up to 99 false asylum claims on behalf of immigrants. The applications falsely stated that these individuals would be abused because they were homosexual, or they held religious or political views that would result in torture in their home countries. Once the fraudulent applications were completed, Helen Mahoney submitted them to U.S. Citizenship and Immigration Service (USCIS), the federal agency that processes these documents. Court documents show that the Mahoneys knew these statements were not true for certain applicants, but still filed the claims. The Mahoneys coached applicants on how to pursue immigration status based on these false claims." Read full article
Hebrew Immigrant Helps Spawn Google! Were it not for the Hebrew Immigrant Aid Society, there might be no Google. Thirty years ago today, Sergey Brin, a 6-year-old Soviet boy facing an uncertain future, arrived in the United States with the help of the society. Read Article Here
October 21, 2009. Board of Immigration Appeals holds "an alien whose status was adjusted pursuant to section 1 of the Cuban Refugee Adjustment Act of November 1, 1966, Pub. L. No. 89-732, 80 Stat. 1161, is removable as an alien who has been convicted of a crime involving moral turpitude committed within 5 years after the alien's "date of admission," the admission date is calculated according to the rollback provision of section 1, rather than the date adjustment of status was granted." Link to Decision.
October 21, 2009. Congress voted to include appropriation earmarked for the E-Verify system. This system helps U.S. employers identify potential employees that are not authorized to work in the U.S. (and thus likely do not have proper immigration status). Read full article
October 20, 2009. USCIS issued a fact sheet for non-citizens about public charge determinations. An individual who is likely at any time to become a "public charge" is inadmissible to the U.S. and ineligible to become a legal permanent resident. Some non-citizens and their families are eligible for public benefits without being found to be a public charge.
October 20, 2009. Congress passed legislation that strikes down the widow penalty. Previously USCIS determined that a foreign national, whose petitioning U.S. citizen spouse passed away prior to conferring status, was ineligible to adjust status to that of permanent residency. The new legislation permits foreign nationals to self-petition if their spouse passes away within two years of the marriage. In order for USCIS to approve the case, the foreign national must still show a bona fide marriage. Click here to read the NY Times Article
October 17, 2009. Houston Chronicle reports the Houston Police Department will not sign the 287(g) agreement and therefore not implement the controversial screening procedure. This is great news from a high profile city police department.
October 16, 2009. Immigration and Customs Enforcement announces standardized 287(g) agreements. The announcement clarifies which state jurisdictions are participating and it indicates which state jurisdictions are negotiating an agreement.
October 16, 2009. The LA Times reports "Kelly Einstein Darwin Giles, 46, owner of a West Covina law practice, was arrested by customs agents at Los Angeles International Airport as he returned from a trip. His two business associates, Joseph Wai-man Wu, 50, and Wu's wife, May Yin-man Wu, 43, were arrested earlier in the day. Bail for the pair was set at $250,000 each. All three are charged with visa fraud. They are accused of setting up nearly a dozen fake companies to file fraudulent employment visa petitions, many of them for H1-B visas, which are reserved for foreign workers with specialized skills, according to ICE. The immigrants named in the applications never worked for the defendants or the fictitious companies."
October 16, 2009. Chattanooga Free Times reports Corrections Corporation of America has implemented a new 500-bed facility in Gainesville, Ga. This is the third immigration detention center in Georgia where detainees can stay more than 72 hours. The other two facilities are in Lumpkin and Atlanta. It is unknown how ICE will utilize this facility; criminal detainees, specific jurisdiction housing or specific nationalities.
October 14, 2009. Board of Immigration Appeals held that an Immigration Judge has jurisdiction to modify bond conditions set by Department of Homeland Security pursuant to INA 236(a)(2). This is a precedent decision and will be applied throughout the country. Link to Decision. More Imformation on Immigration Bonds
October 9, 2009. The Fifth Circuit reversed the BIA in Alvarado de Rodriguez v. Holder and found that the BIA incorrectly applied de novo review to conclude that the marriage was not entered into in good faith.
October 8, 2009. Board of Immigration Appeals held An alien who entered the United States pursuant to a crewman's visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal under section 240A(c)(1) of the Immigration and Nationality Act. Link to Decision
October 7, 2009. Greenville News Observer reports "Fort Bragg soldiers and Central Asian immigrants staged courtships and marriages to reap the benefits America gives those who get hitched, according to federal investigators. The scheme has landed the several young soldiers and three foreign brides in the hot seat. This week, two of the soldiers and one of the brides pleaded guilty to marriage fraud in federal court; the crime could land each in prison for as long as five years."
October 6, 2009. Brownsville Herald reports "Federal agents have arrested two men and a woman accused of smuggling undocumented immigrants into the United States using Jet Skis."
October 6, 2009. Federal Register incorporates and publishes Attorney General Eric Holder's memorandum on presumption of openness in FOIA proceedings.
October 6, 2009. BIA holds in Matter of Silitonga Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application.
October 6, 2009. Federal Register indicates the procedure of applying for the 2011 Diversity Visa Lottery. Please call our office at 216-298-1191 with any questions surrounding your eligibility.
October 1, 2009. Wrong turn on highway may lead to WA man's removal
September 29, 2009. The Ninth Circuit Court of Appeals finds Petitioner (who had been convicted in a military court for violating any general law) was not convicted of an aggravated felony for child pornography. The Circuit Court applied the categorical and modified categorical approach and found that the statute of conviction was too general to support a finding of an aggravated felony. Link to Decision
September 29, 2009. The Seventh Circuit Court of Appeals in Krasilych v. Holder denied petition for review because the BIA's determination of removability is supported by substantial evidence and petitioner did not apply for relief. The Court found the BIA properly affirmed the IJ's denial of petitioner's request to exclude evidence gathered during an undercover investigation. ICE caught petitioner obtaining a fraudulent stamp in his passport.
September 29, 2009. CBP National Headquarters confirmed that, beginning on October 1, 2009, there is a greater likelihood that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at ports of entry versus a grant of deferred inspection. In addition, depending on the nature of the conviction, CBP staffing, and available detention bedspace, among other factors, it also is possible that more returning LPRs with criminal convictions will be detained. CBP confirmed, however, that deferred inspection for such returning LPRs is still an option. CBP explained that it modified its policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for such inspection. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida. Call our office today before traveling. Deportation and Removal Defense
September 29, 2009. Department of Homeland Security filed a brief with the Board of Immigration Appeals requesting the Board reverse its holding in Matter of Perez-Vargas. DHS argues, in concert with AILA and AILF's position, that the immigration judge does have jurisdiction to determine whether or not a visa petition remains valid when ported pursuant to INA 204(j).
September 29, 2009. Department of State announces opening of FY 2011 Diversity Lottery. Please contact our office for assistance.
September 26, 2009. The Executive Office of Immigration Review released the following fact sheet regarding its fraud and abuse program.
September 25, 2009. USCIS announces approximately they've received 46,700 H-1B petitions. Approximately 18,000 H-1B visas remain. Click here for the H-1B Update
September 23, 2009. Immigration Policy Center on New Americans in North Carolina.
September 23, 2009. Immigration Policy Center on New Americans in Ohio.
September 22, 2009. Middletown Journal reports that an Ohio state senator introduced a bill conferring the power to arrest and detain potential non-criminal immigration violators. Click here for article.
September 22, 2009. As reported in USA Today, the United States faces "brain drain" due to the abyss that is our immigration system. A Duke University professor predicts over 100,000 highly intelligent immigrants will return to India and China due, in large part, to the certainty of the immigration system in those countries. Click here to read more
September 22, 2009. Florida man convicted for selling memberships to Native American Indian Tribe to obtain immigration status. Read More
September 21, 2009. New York Governor Mario Cuomo announces the issuance of more than 300 subpoenas in an ongoing and expanding immigration fraud investigation. Read More
September 21, 2009. Virgina based immigration consultant sentenced to 41 months for immigration violations. Click here to read more.
September 21, 2009. Board of Immigration Appeals issued a precedent decision indicating that a foreign national who fails to attend an immigration hearing due to custody in a criminal case, is eligible to have his case reopened regardless of the factual circumstances leading to his/her arrest. The purpose behind the statute is to protect those who are in custody and who ICE fails to transport to the hearing. Matter of EVRA. Click here to read full decision.
September 21, 2009. Board of Immigration Appeals issued a precedent decision permitting permanent residents in removal proceedings to apply for special rule cancellation as a battered spouse. Previously, only non-permanent residents were permitted to do so. Matter of Martinez.
September 18, 2009. USCIS announces that 19,000 H-1B Bachelor Cap visas remain available. The master's cap continues to be exhausted.
September 10, 2009. Department of State issued the October 2009 visa bulletin, the first visa bulletin for the Fiscal Year of 2010. A cursory review of the EB categories indicates that EB-2's from China and India remain backlogged for about four years. Second, it appears that all EB-3's are available, but significantly backlogged. All FN's on H-1B's should plan to file their extensions accordingly.
August 20, 2009. Newsday reports New York Attorney General Andrew Cuomo announced legal action taken by the State of New York against six firms he alleges were defrauding clients seeking assistance in obtaining immigration status. Three of the firms have ceased operation as of the writing of the article. One of the alleged victims indicated she spent $17,000 for permanent resident status (or a "green-card") for her three children. Click here to read full article
August 19, 2009. The Sixth Circuit Court of Appeals issued its decision in Stolaj v. Holder. This case has an interesting fact pattern in that it involved the criminal prosecution of a CIS supervisor for accepting bribes for immigration benefits. The Petitioners in this case were subject to removal for misrepresentation of material facts and failure to have entry documents. The legal issue presented revolved around whether or not the government could seek rescission of their permanent resident status after having placed them into removal proceedings. The Court aligned itself with the majority of the Circuits and held the government acted in accordance with the statute. The most damning portion of the case to foreign nationals was the last sentence in the Court's opinion where it found that Crawford v. Washington did not apply as this was not a Sixth Amendment case. Case Opinion.
August 19, 2009. "The Department of Homeland Security (DHS) proposes to amend its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters." 74 Fr 41801 (8/19/09)
August 18, 2009. The Wall Street Journal reports that John Morton, the new chief of Immigration and Customs Enforcement (ICE), indicated the agency is "set to increase the number of companies it will audit and systematically impose fines on violators." Morton further indicated that "654 companies are currently being audited and that many more employers will be notified soon." Read Article.
August 11, 2009. Immigration and Customs Enforcement announces the indictment of 50 individuals in a nationwide marriage scheme. Defendants face criminal consequences and those who are not citizens face deportation cases as well. Announcement.
August 11, 2009. Secretary of Department of Homeland Security Janet Napolitano spoke at the Border Security Conference at the University of Texas at El Paso. She indicated she believes comprehensive immigration reform is on the horizon, and that she supports such reform. However she reiterated that until it is enacted, DHS must intelligently enforce the existing laws. She further indicated SBInet will go active in the Project 28 area near Tucson, that the backlog of naturalization cases has been eradicated and that more federal funding is headed to the Southwest border. Read her remarks.
August 11, 2009. USCIS announces that as of August 7, 2009, only 44,900 cap subject petitions have been received. This indicates a continued opening for foreign nationals seeking to change or enter on the prized dual intent visa. The primary challenge remains finding employment in the hard economic times. Announcement.
August 11, 2009. Department of State issued the September 2009 Visa Bulletin. As has been the case, the EB-3 category remains unavailable and the EB-2 category for China and India remain significantly backlogged. Bulletin.
July 31, 2009. Department of State reminds the consular posts and others the new J Visa Skills list is in effect. The new list was published in the Federal Register in April and went effective on June 28, 2009. The skills list enumerates countries and specific skills that would subject to foreign nationals to Section 212(e) of the Immigration and Nationality Act and require a two year foreign residence prior to obtaining an H or L visa or filing to adjust status. Click here to view Skills List
July 31, 2009. On the heels of too many wrongful detention suits and due process violations, members of the Senate will introduce legislation regulating the standards of foreign nationals in detention. Our firm strongly supports this bill. Click here to read the legislation.
July 29, 2009. James Hector Alcala, an attorney in Utah, was indicted for visa fraud. The unsealed indictment revealed allegations that he and his firm prepared over 700 visa petitions that procured 5,000 work visas for mostly ineligible foreign nationals. The exact number of visas was unavailable. This case is one in a number of recently reported cases where ICE actively investigates attorneys and visa consultants for fraud. Read more here.
July 28, 2009. ICE continues its crackdown on attorneys and other people obstructing the visa and removal process. In this case a former diplomat of Armenia helped create "refusal letters" for Armenian citizens ordered deported. These refusal letters were served on ICE and prevented ICE from executing the removal. A "refusal letter" is generated by a foreign nationals native country indicating that the country will not accept the alien back. Click Here to read more.
July 27, 2009. The San Francisco Chronicle reports the number of wrongful deportation and detention suits is on the rise. However, the Chronicle does not cite any specific number in the article. The Chronicle does enumerate several specific cases that led to successful suits. Immigration and Customs Enforcement, by and through their spokesperson, admits they don't track the number of suits filed against them for wrongful deportation. Read Article
July 27, 2009. The Board of Immigration Appeals issued a precedent decision in Matter of Lamus-Pava, 25 I&N Dec. 61 (BIA 2009) and held "[a] motion to reopen to apply for adjustment of status based on a marriage entered into after the commencement of removal proceedings may not be denied under the fifth factor enumerated in Matter of Velarde, 23 I&N Dec. 253 (BIA 2002), based on the mere fact that the Government has filed an opposition to the motion, without regard to the merit of that opposition." Read Decision.
July 27, 2009. "We are saddened by the charges. We are confident that the legal process will provide justice for all parties." United States of America v. Lilian Asante
July 24, 2009. USCIS announces that as of this date only 44,900 H-1B Cap Subject petitions have been filed. This presents unique opportunities for businesses, whose numbers are on the rise, to embrace foreign talent without the usual rush to the mailbox. Read More.
On July 24, 2009. Immigration and Customs Enforcement arrested a Columbus immigration attorney, Lillian Asante, for marriage fraud. She and her "real" husband had married separate U.S. citizens to obtain their permanent resident status. Asante's primary practice was defending deportation cases. In concert with EOIR's recent notice regarding notario fraud and visa consultants, this type of behavior puts all noncitizens even further at risk. Read more here
July 23, 2009. The Board of Immigration Appeals held "[a]n alien's departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack of notice." This is an equitable and logical decision in which DHS counsel did not file reply belief (lending to the opinion that they too agree). Read More here.
July 22, 2009. New York Times reports widespread Constitutional violations as well as their own internal policies by ICE in conducting predawn raids. The "cowboy mentality" of ICE agents is well known throughout the country. The article identifies a study conducted by the Cardozo School of Law that included input from local law enforcement officers. Click here to read more
July 22, 2009. The Executive Office of Immigration Review (EOIR) issued this notice warning foreign nationals of notarios and visa consultants. EOIR recognizes that notarios and visa consultants are not attorneys and implicit in the warning is that case filed by notarios/visa consultants may be fraught with misrepresentations and illegalities. Hiring an experience and honest attorney is the best strategy. Immigration laws are complex; even for attorneys. All foreign nationals should be extremely careful when hiring someone to work on their status and should check to ensure the attorney is licensed in at least one state in the U.S., is not subject to discipline and is a member of at least a local bar association.
On July 21, 2009. The Board of Immigration Appeals granted Respondent's motion to reopen removal proceedings and rescinded in absentia removal order. The BIA found the notice of hearing was not properly served under INA § 239(a), as it was given to an attorney who appeared for the Respondent (but had not been retained by Respondent) at the underlying hearing. This is a non-precedent and unreported case. Click here to read the Board's decision.
July 19, 2009. Bedri Kulla, a Citizenship and Immigration Officer, was arrested on charges of blackmail and released on bond by a federal judge in Greensboro, NC. He is accused of threatening a foreign national with deportation if she did not date him. Read Story.
July 17, 2009. A Pennsylvania woman was sentenced to federal prison for lying on her adjustment of status application. The U.S. Attorney's office prosecuted her for making a false statement to a government official. After she serves her sentence, ICE will likely institute removal proceedings for misrepresentation and conviction for a crime involving moral turpitude. Read Story.
July 17, 2009. USCIS Issued guidance regarding denied H-1B petitions of health care specialty occupation cases. Previously and incorrectly denied cases will be reopened upon email request by the Petitioner. The guidance memo provides procedural details for those needing relief. Read Guidance.
July 17, 2009. Consistent with the Obama Administration's new focus on workplace enforcement, the U.S. Attorney's office indicted the company on 29 counts and two managers on several counts relating to false identity documents. Read Story here
July 17, 2009. Fifth Circuit Court of Appeals finds immigration judge abuses his discretion by denying request for continuance to adjudicate an I-130 petition. This case is significant in that it arises out of the Fifth Circuit, the notoriously toughest Circuit for immigrants, and it applies the Hashmi factors. Read Opinion.
July 15, 2009. Former Manhattan Civil Court Judge Salvador Collazo was arrested on immigration fraud charges. He and his paralegal are accused of charging clients penalty fees where none existed and overcharging fees for legal impossibilities. This type of case reinforces the importance of hiring an attorney who maintains high integrity and ethics. Read Story.
July 13, 2009. Reuters reports deportations are on the rise from an estimated 3,700 to 4,200 per week. The story attached is typical of what happens to a good person trying to make a living for his family here in the States. The article also reports the Obama administration has shifted its policy towards workplace enforcement instead of individuals. Read the story.
July 13, 2009. The Department of State issues August Visa Bulletin. Click here for more information.
July 12, 2009. Seattle Times reports that Immigration and Customs Enforcement, the enforcement arm of the Department of Homeland Security, has breached the trust of a confidential informant. Ernesto Gamboa is another in the line of informants whom ICE refuses to help and in fact deports. As is typical for ICE, they refused comment. Read the story.
July 10, 2009. DHS announces new 287(g) partnerships for local law enforcement. The implementation of 287(g) partnerships is extremely troubling in that there is limited accountability for local law enforcement who engage in fishing expeditions trying to remove criminal aliens. Of particular note, the Guildford County, North Carolina Sheriff's office has signed a Memorandum of Agreement with ICE. Click here for more information.
July 8, 2009. Secretary of Department of Homeland Security Janet Napolitano announced the intent to rescind the Social Security No-Match Rule. This rule was never implemented and was enjoined from use by a court order. However, Napolitano did reinforce DHS commitment to E-Verify and announced all federal contracts will only go to employers who use this program. Read Announcement.
July 8, 2009. USCIS announces only 45,000 cap subject cases filed. Click here for more information
July 7, 2009. Krispy Kreme settled their 2007 I-9 Notice of Intent to Fine in the amount of $40,000. Earlier this month ICE issued 652 I-9 audit notices as it continues to increase investigations of U.S. employers for workplace violations. Click here for more information
July 2, 2009. The Sixth Circuit Court of Appeals released its decision in Van Don Nguyen v. Holder, determining that a conviction for unauthorized use of a motor vehicle (under the California grand theft statute) is not a crime of violence and therefore not an aggravated felony. Link to Decision
July 1, 2009. ICE issued 652 audit notices today in a further attempt to fish for workplace violations. Employers should be reminded they are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. Employers should further be reminded the I-9 requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
June 30, 2009. USCIS has reportedly cancelled some biometrics appointments for July 7-July 10, and all appointments are to be rescheduled in 2-4 weeks.
June 29, 2009. The Sixth Circuit Court of Appeals released its decision in King v. Holder, determining that sufficient evidence supported the immigration judge's decision that she entered into her marriage solely to obtain an immigration benefit. King, a female, married a homosexual male in order to obtain lawful permanent resident status.
June 29, 2009. "The Transactional Records Access Center (TRAC) released this study on the backlog of immigration courts nationwide. A rise in new case filings and inability to properly staff the position has led to year long delays in the courts." Click here for more information
June 26, 2009. USCIS received 44,800 cap subject H-1B petitions. USCIS received approximately 20,000 advanced degree petitions. USCIS will continue to receive cases for both categories until the statutory maximum is exhausted. Click here for more information
June 24, 2009. As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
June 15, 2009. The Supreme Court issued a slip opinion today in Nijhawan v. Holder. This case holds that the immigration judge may, in determining whether a crime is an aggravated felony for immigration purposes, inquire behind the record of conviction to determine the amount of loss. This case broadens the government's reach in cases of fraud and deceit. All immigration practitioners and their criminal defense counterparts should be aware of this decision prior to entering into plea agreements. Link to Decision
June 15, 2009. The Cleveland Plain Dealer reports that the White House may be seeking to repeal portions of the Real ID law. Real ID was enacted in response to the attacks on September 11, 2001. What is not clear is whether the repeal will include the portion of Real ID that forecloses habeas relief to foreign nationals in removal proceedings. Click here for more information
June 9, 2009. The Wall Street Journal. "Wanted: A Smarter Immigration Policy" -Edward Alden
June 9, 2009. Department of State issues June 2009 Visa Bulletin Click here for more information
June 6, 2009. US Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens-as well as their unmarried children under 18 years old-who reside in the United States and who where married for less than two years prior to their spouses' death. Click here for more information.
June 3, 2009. Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations. Link to Decision.
May 26, 2009. USCIS updated the FY 2010 H1-B count. Click here for more information.
May 26, 2009. President Barack Obama nominated Judge Sonia Sotomayor to fill the impending vacancy of the U.S. Supreme Court. Read President Obama's remarks here.
May 19, 2009. "USCIS issued the following policy memo regarding the adjudication of I-90 applications where foreign nationals may have a criminal history. USCIS indicates that all I-90 applications must be adjudicated in a timely manner regardless of a criminal history, that all requests to produce conviction records are no longer to be issued and that a permanent resident does not lose that status until they abandon it, it is rescinded or they are ordered removed from the country. No foreign national with a criminal record should file an I-90 application with USCIS without first consulting with an attorney to determine if they are subject to removal." Memo
May 15, 2009. Philip Eichorn was elected to the position of Secretary of the Ohio Chapter of American Immigration Lawyers Association.
May 13, 2009. USCIS updated the FY 2010 H1-B count. Click here for more information.
May 13, 2009. Department of State issues June 2009 Visa Bulletin.
May 12, 2009. The Board of Immigration Appeals issued this decision holding the immigration judge lacked the necessary impartiality. This is one of the primary reasons it is critical to obtain professional and experienced legal counsel for removal proceedings. Learn more about removal proceedings.
May 12, 2009. According to AILA InfoNet Doc. No. 09051232: "The Department of Labor has informed AILA liaison that they will keep the old LCA system operational through June 30, 2009. The DOL has implemented fixes to many of the issues brought to their attention by AILA and other stakeholders thus far. The decision to keep the old LCA system operational will allow the DOL to continue to evaluate issues brought to their attention and to give users additional time to become familiar with the system."
May 4, 2009. USCIS issues an update for the H-1B cap filings. USCIS received 45,000 of the Congressionally mandated 65,000. Therefore, there is room for filings. Call us today. Click here for more information.
May 1, 2009. The Firm is pleased to announce the hiring of Panteha Baghani as an associate attorney. She is a graduate of Cooley Law School, recently worked at Jones Day and will be focused on family and employment based cases.
April 27, 2009. The Sixth Circuit issued this non-precedent decision admonishing the BIA for failure to exercise their discretion and properly review the evidence presented. Gasca-Rodriguez was improperly ordered removed from the U.S. after failing to appear for his hearing. However, neither he nor his attorney received sufficient notice. Read Case.
Cap Count for H-1B and H-2B Workers for Fiscal year 2010
Myth Busters:
FACT: H-1B workers don't "steal" jobs from U.S. workers. H-1B visas are issued to temporary, "nonimmigrant" workers in "specialty occupations." As described by the Congressional Research Service, a "specialty occupation" is one "requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum."

FACT: H-1B workers are not "cheap labor." H-1B Visas and Job Creation points out that employers are required not only to pay an H-1B employee the higher of either the "prevailing wage" or "actual wage" paid to similarly employed Americans, but must also pay about $6,000 in legal and government fees for each H-1B hire, plus up to $12,000 more to sponsor an H-1B worker for permanent residence in the United States.
Department of State issues May 2009 Visa Bulletin
On 4/9/09 USCIS announced an updated count of the number of fiscal year 2010 H-1B filings that it has received.
The Sixth Circuit Court of Appeals held that a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA.
Letter from AILA Executive Director Jeanne Butterfield and AILA President Charles Kuck to President Obama regarding comprehensive immigration reform.
USCIS Update, April 8, 2009 - USCIS Continues to Accept FY 2010 H-1B Petitions
April 07, 2009 - America’s Premier Lawyers Series – Top Verdicts
March 20, 2009 - EOIR News Release - Cleveland Has Admin Control of All Ohio Cases
March 18, 2009 - Matter of Louissant Using Silva-Trevino to Determine CMT
March 9, 2009 - Department of State issues April 2009 Visa Bulletin
Members of AILA, including our firm, submitted the following letter to Attorney General Eric Holder requesting action on Matter Silva-Trevino.
The U.S. District Court for the Central District of California has issued a notice to foreign national widows and widowers of U.S. citizens regarding the pending class action suit Hootkins v. Napolitano.
February 23, 2009 - BIA Remand for More Evidence In cancellation of Removal Case
A 2/23/09 letter from Thomas Snow, Acting Director, EOIR, to Tom Shroder, Editor of the Washington Post, regarding a 2/22/09 Washington Post Magazine article titled "The Outsider." Acting Director Snow states that the article incorrectly describes the public's access to immigration proceedings.
On 2/12/2009 the Sixth Circuit Court of Appeals held that because the petitioner is unable to establish grounds of inadmissibility that are comparable to the ground of removal/deportation filed against him, he is ineligible for INA § 212(c) relief.
January 23, 2009. President Barack Obama issued a memorandum regarding Freedom of Information Act requests. Memorandum.
The Attorney General overrules the Board's decisions in Matter of Lozada, and Matter of Assaad. Finds there is no fifth amendment right to counsel. Matter of Compean-Bangaly & J-E-C, 24 I&N, Dec. 710 (A.G. 2009). This decision makes it imperative that all foreign nationals in removal proceedings retain competent private counsel. The decision clearly indicates that the BIA will not, as a matter of right, reopen cases where the private lawyer's representation was ineffective. Foreign nationals retain the right to hire private counsel and should do so at the initiation of proceedings.
January 7, 2009. USCIS issues announcement that FY 2009 H-2B cap is exhausted. Announcement.
January 7, 2009. Restaurant Owner Sentenced to Eight Months for Knowingly Employing Undocumented Workers

2008

December 10, 2008. Department of State issues January 2009 Visa Bulletin.
November 10, 2008. Department of State issues December 2008 Visa Bulletin.
Novermber 3, 2008. Department of Homeland Security Announces Romania will join the countries involved in the Visa Waiver Program. Press Release.
Charlotte Immigration Court Opens on November 4, 2008. Press Release.
October 31, 2008. Board of Immigration Appeals issues two decisions regarding in absentia orders of removal. Both cases address the presumption of delivery of regular mail versus certified mail. These cases are significant for all foreign nationals who have missed their court hearings and have been ordered removed because of lack of notice. Matter of C-R-C- & Matter of M-R-A-.
October 17, 2008. President Bush announces additions to the country list for the Visa Waiver Program. Those countries are the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea. Press Release.
October 14, 2008. USCIS issues a notice of increased period of stay for TN Visa holders. Announcement.
October 14, 2008. Department of State issues November 2008 Visa Bulletin.
September 24, 2008. USCIS issues reminder of program flexibilities. Document. Please contact my firm or another attorney prior to engaging in business with USCIS. Very often foreign nationals are not eligible for the benefits elicited. Consulting with an attorney will help such a determination and prevent wasted use of financial resources (filing fees).
September 18, 2008. USCIS issues a notice to all naturalization applicants regarding the new testing requirements. Document.
September 12, 2008. USCIS notifies seven companies of potential debarment. Document.
September 12, 2008. Department of State issues October 2008 Visa Bulletin.
August 13, 2008. Department of State issues September 2008 Visa Bulletin.
August 1, 2008. Washington Post reports Travelers' Laptops May Be Detained At Border. In an ever increasing encroachment on all person's civil liberties, the Department of Homeland Security asserts they have the right to search all electronic devices at points of entry. DHS asserts this authority in this document.
July 30, 2008. USCIS announces the H-2B cap for the second half of Fiscal Year 2008 has been reached. Link.
July 24, 2008. USCIS announces updated list of vaccinations required for Adjustment of Status. Link.
U.S Conference of Mayors isues a resolution requesting ICE cease and desist workplace raids until after comprehensive immigration reform. Link.
July 14, 2008. Department of State issues August 2008 Visa Bulletin.
July 13, 2008. New York Times Editorial titled "The Shame of Postville, Iowa." Link.
July 8, 2008. An essay by Erik Camayd-Freixas, Ph.D. It is a personal account of the Postville, Iowa raids. Link.
June 30, 2008. USCIS announces online status inquiries for Freedom of Information Act Requests. Announcement. Link to USCIS.
June 16, 2008. Supreme Court of the United States issues decision in Dada v. Mukasey.
June 12, 2008. AILA USCIS Service Center Operations Liaison indicates that efective with the July 2008 Visa Bulletin the EB-3 category will become unavailable until October 1, 2008. Adjustment of status applications will continue to be accepted and receipted through the end of June.
June 11, 2008. USCIS announces it will resume premium processing of certain I-140 petitions. Link.
June 10, 2008. Department of State issues July 2008 Visa Bulletin.
June 9, 2008. Secretary Chertoff announces two-year validity periods for employment authorization documents in certain cases. Link.
June 8, 2008. Cleveland Plain Dealer article regarding Philip Eichorn. Link.
May 19, 2008. USCIS issues guidance on naturalization through military service. Link.
American Immigration Lawyers Association (AILA) recently posted the following two cases regarding false claims to citizenship; Kechkar and Theodros. Foreign nationals should be aware of the severe consequences of a false claim to citizenship. Employers should equally be aware and seek legal assistance in ensuring I-9 compliance.
Washington Post Article about detention issues in the U.S.
May 13, 2008. Department of State issues June 2008 Visa Bulletin.
April 21, 2008. USCIS issues guidance for VAWA self-petitioners who entered without inspection. VAWA self-petitioners are permitted to adjust status without a waiver for the entrance without inspection. Further, all cases filed after January of 1998 that were denied for such a reason may be reopened without a filing fee. Link.
April 14, 2008. USCIS announces H-1B lottery is complete. Petitions that have been selected will be issued receipt notices. Petitions not selected (or double filed petitions) will be returned to the petitioner. Link.
April 11, 2008. New York Times Review of "The Visitor" a 2007 movie that addresses many immigration issues.
April 8, 2008. USCIS announces Fiscal Year 2009 H-1B Cap is reached. Link.
April 2008 Visa Bulletin.
March 13, 2008. Department of Justice and the Executive Office of Immigration Review issued a statement regarding the effective date of the new Immigration Court Practice Manual. The Practice Manual will be effective July 1, 2008. Click here for the EOIR Announcement.
March 11, 2008. Department of State issued its annual Country Reports on Human Rights Practices. These are critical for claims of asylum, withholding of removal and withholding of removal pursuant to the Convention Against Torture. Link.
March 10, 2008. USCIS announces an 18-month extension of TPS for Somalia. Employment Authorization Documents are extended to September 17, 2008. Nationals of Somalia granted TPS should re-register within the 60-day period beginning March 12, 2008. Click here for the USCIS Announcement.
March 5, 2008. USCIS announces change to biometrics policy for I-131 Travel Documents. Click here for Announcement.
February 26, 2008. Department of Justice published the final rule increasing civil penalties for U.S. employers who knowlingly employing a foreign national not authorized to work. The maximum penalty increased from $2,200 to $3,200. USDOJ Announcement.
February 7, 2008 USCIS Memorandum regarding name check policy. If you have an application for Adjustment of Status, I-601 Waiver or application for temporary resident status that has been pending for more than 180 due to name check delays, contact me. There are procedures being set up to adjudicate these cases in a timely manner.
USCIS Application and Receipting Notice dated February 11, 2008.
Please review a recent quote of Attorney Philip Eichorn in the Washington Post.

On December 11, 2007, USCIS issued a statement regarding the validity of expired I-551. While USCIS indicates such a document is valid, foreign nationals in possession of an expired I-551 should contact my office to discuss their options as soon as possible. In the future, such a document will become invalid.
USCIS reminds business the new I-9 should be used subsequent to December 26, 2007. All employees hired after that date should complete the new version of the Form I-9.

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