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BORDER PATROL FALSELY IMPRISONED 9 & 14-YEAR-OLD US CITIZEN SIBLINGS
In 2019, a 9-year-old girl, Julia, and her 14-year-old brother, Oscar were in a car returning to the United States with their mother’s friend. They had to return to San Diego after a brief trip in order to attend school. When they arrived at the border at 7am the traffic was moving very slowly through…
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Process to Promote the Unity and Stability of Families (PIP Expansion)
USCIS sent out an email regarding the Biden Administrations recent executive action to allow the spouses of US citizens who have been living in the US for ten years and who entered without inspection to get parole in place in order to become eligible for adjustment of status allowing them to bypass the need of…
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DHS Announced Extension and Redesignation of Haiti & Yemen for Temporary Protected Status (TPS)
YEMEN On July 8, 2024, Secretary of Homeland Security Alejandro N. Mayorkas announced the extension and redesignation of Yemen for Temporary Protected Status for 18 months, from September 4, 2024, to March 3, 2026, due to country conditions in Yemen that prevent individuals from safely returning. The redesignation of Yemen for TPS allows an estimated…
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EOIR Launches Respondent Access Portal
On July 2, 2024, EOIR sent out a Stakeholder Update by email announcing the launch of the Respondent Access Portal. Per the announcement, this will be a phased enrollment which will allow unrepresented respondents to access the Electronic Record of Proceedings for their Immigration Court (EOIR) case. This will make it much easier for unrepresented…
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SCOTUS DISGARDS CHEVRON DOCTRINE
In the decision issued on Friday, June 28, 2024, the Supreme Court significantly weakened the power of federal agencies to implement and enforce regulations. The court’s decision written by Chief Justice Roberts, overturns the Court’s 1984 finding in Chevron v. Natural Resources Defense Council and will have a major impact on the Federal Government’s ability…
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Department of State v. Muñoz
In State Department v. Muñoz, the U.S. Supreme Court ruled against a U.S. citizen who said her constitutional rights were violated by the federal government when it denied a visa to her Salvadoran husband. Munoz and her husband, who she married in 2010 and has a child with, have been separated since 2015 while they…
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MATTER OF H-C-R-C- (2024 credibility & CAT)
Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention…
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Biden Administration Expands Parole In Place to Spouse’s of US Citizens–Does NOT Extend Immigration Benefits to Any Immigrants Who Were not Already Eligible for a Green Card
What is Parole-in-Place? Parole-in-Place (PIP) is an immigration policy that grants temporary protected legal status to certain undocumented individuals who are already in the United States that are present without admission or parole. It is a sort of legal fiction in which the person will be “paroled” into the US without actually having to leave…
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Choice of Law
In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023) the Board of Immigration Appeals (BIA) held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. A year later the Board clarified this further in Matter of M-N-I-, 28 I&N Dec. 803…
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SCOTUS Limits Ability To Reopen & Rescind In Absentia Removal Orders
The Supreme Court issued a decision limiting the ability of noncitizens to reopen and rescind in absentia orders of removal issued against them in their June 14, 2024 decision, Campos-Chaves v Garland, 602 U.S. ___ (2024). The relevant portions of the Court’s decision are quoted below. You can read the entire decision at the Supreme Court’s Website.…
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