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Immigration Blog

FOIA Results: EOIR’s “Acceptance Guidelines for Notices to Appear”

April 16, 2019|Contributed by: Aaron C. Hall, Esq.

On December 21, 2018, EOIR Director McHenry published PM 19-08, “Acceptance of Notices to Appear and Use of the Interactive Scheduling System.” That memo instructed immigration courts to “reject any NTA in which the time or date of the scheduled hearing is facially incorrect—e.g. a hearing scheduled on a weekend or holiday or at a time when the court is not open.”
Through the Freedom of Information Act (FOIA), we requested supplemental guidance on when immigration courts were supposed to reject NTAs as facially incorrect.

Trump’s Threat to Close the Southern Border

April 2, 2019|Contributed by: Courtney Sommer

President Trump has threatened to close the U.S.-Mexico border as early as this week if Mexico does not do more to control migrants coming across into the U.S. without authorization. His threat describes two different situations, though. Trump wants to stop all individuals from crossing the border without authorization, but the only way he can realistically close the border is to close the ports of entry where individuals either cross with visas or other authorization or come to the port of entry to seek asylum,

Employment-Based Permanent Residency – Immigrant Visa Petition

March 28, 2019|Contributed by: Erin Williams

For some individuals the Immigrant Visa Petition is the first step towards obtaining Lawful Permanent Residence in the United States.  For others, and the majority, this is the second step.  See our previous posts about Employment-Based Permanent Residency: Employment-Based Permanent Residence For “Professionals” And Those With “Advanced Degrees” and Employment-Based Permanent Residency, Can You Sponsor Your “Skilled” Or “Other Worker”?
Regardless, Form I-140 is the Immigrant Visa Petition for Alien Worker that is used by employers to request an Immigrant Visa for an employee.

More Changes at Aurora ICE Detention Facility

February 25, 2019|Contributed by: Courtney Sommer

The ICE detention facility in Aurora, officially known as the “Denver Contract Detention Facility,” is run by GEO Group, a private company contracted by ICE to operate immigration detention facilities. These facilities are civil, not criminal, but you wouldn’t know that by speaking to anyone who has been detained there.
Recently there have been outbreaks of chicken pox and mumps at the Aurora facility, and GEO has expanded its facility into its old building to increase the facility’s capacity by 432 beds.

Trump Defies Congress by Declaring a State of Emergency on Southern Border and Is Immediately Sued by Multiple Parties

February 21, 2019|Contributed by: Alexander D. McShiras, Esq.

Despite the fact that Congress refused to fund President Trump’s border wall and the fact that there was abundant evidence that no actual emergency exists, Trump declared a state of emergency on the southern border on February 15, 2019. Within hours of the announcement, interested parties started to file lawsuits- including immigrant rights activists, property rights activists, environmentalists, state officials, and Democratic senators and congressmen. Although the President has a large amount of latitude to issue national emergencies,

Dispelling Three of the Most Common Myths About Asylum

February 12, 2019|Contributed by: Joseph Law Firm

The United States recognizes the right of asylum. A person who is facing a credible threat of persecution in their home country may be eligible to obtain asylum in the United States. As explained by U.S. Citizenship and Immigration Services (USCIS), a migrant can apply for asylum no matter their country of origin and no matter their current immigration status.
Unfortunately, many people have false beliefs about asylum applicants and the asylum process.

Census Data: Immigration Helping to Drive Population Growth in Colorado

February 5, 2019|Contributed by: Joseph Law Firm

On December 19th, 2018, the United States Census Bureau released its latest national and state population estimate statistics. Colorado remains one of the fastest growing states in the entire country. According to the Census Bureau, Colorado had the seventh largest numeric population growth from 2017 to 2018 (79,622 people), and it had the sixth fastest percentage growth rate (1.4% population increase).
Notably, similar to many of the other rapidly growing U.S. states, Colorado’s population growth has been driven in large part by immigration.

Trump’s New Asylum Policy

January 29, 2019|Contributed by: Courtney Sommer

The Trump administration has come up with yet another way to attempt to limit the ability of asylum-seekers to safely enter the U.S. and request asylum. The Department of Homeland Security has said that starting as early as January 25, 2019, U.S. immigration officials will begin forcing asylum seekers to wait in Mexico while their claims are processed. Under this plan, asylum seekers will be processed by immigration officials and then returned to Tijuana.

Third Circuit: Bad Advice from Notario Not Enough to Reopen Removal Order

January 28, 2019|Contributed by: Aaron C. Hall, Esq.

Last week in Jean Louis v. Attorney General, the Third Circuit Court of Appeals declined to reopen an immigration case. Mr. Jean Louis had been told by an “immigration expert” who Mr. Jean Louis believed as an attorney that he did not have to go to his asylum hearing because he was going to apply for residence through a marriage. After failing to go to the hearing relying on the “expert” advice, Mr.

The Supreme Court Declines to Hear DACA Case – At Least For Now

January 28, 2019|Contributed by: Alexander D. McShiras, Esq.

President Donald Trump’s expectations that the Supreme Court would hand him a win in talks over the government shutdown have been dashed. On Tuesday, January 22, the Justices took no action Tuesday on a case before them concerning the legality of the administration’s decision to end Deferred Action for Childhood Arrivals (DACA).
The inaction effectively allows current DACA recipients to continue to renew their protections every two years. The Supreme Court’s schedule is now full for the year,

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