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Immigration Blog

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100,000 Green Card Slots May Go Unused

August 10, 2021|Contributed by: Joseph & Hall P.C.

A Biden administration official announced last week that green cards have been processed by the government at such a slow pace that it will come at least 100,000 slots short of using up the annual limit.  Click here to read the entire story.  

AG Garland Overturns Jeff Sessions’ Decision Eliminating Administrative Closure

July 26, 2021|Contributed by: Aaron C. Hall, Esq.

Attorney General Merrick Garland has reversed one of former AG Jeff Sessions’ biggest immigration decisions, Matter of Castro-Tum 27 I&N Dec. 271 (A.G. 2018). With Castro-Tum, Sessions overturned decades of precedent by ending the authority of the Board of Immigration Appeals and Immigration Judges to grant administrative closure—a docketing tool generally used to take cases […]

Latest DACA Updates: Federal Judge Prohibits Approval of New DACA Requests

July 22, 2021|Contributed by: Luke Niermann

On July 16, 2021, a federal district court judge in Texas, Judge Andrew Hanen, ruled that DACA is illegal, finding that it exceeds the power that Congress has delegated to the executive branch. Judge Hanen stated that there were a number of substantive flaws with the program, and that it violated the Administrative Procedure Act […]

Department of State and Department of Homeland Security Expand Central American Minors Program

June 29, 2021|Contributed by: Joseph & Hall P.C.

On June 15, 2021, the U.S. Department of State and the U.S. Department of Homeland Security issued a joint statement expanding access to the Central American Minors Program (“CAM Program”). The CAM Program was initially established in 2014 to reunite children from El Salvador, Guatemala, and Honduras with their parents or legal guardians in the […]

Supreme Court: Crimes Committed Recklessly Not Crimes of Violence

June 24, 2021|Contributed by: Aaron C. Hall, Esq.

On June 10, the U.S. Supreme Court issued its decision in Borden v. United States, ruling that a criminal offense with a reckless mental state does not qualify as a “violent felony.”  While Borden is not an immigration case, it has major immigration applications. In 2018, the Tenth Circuit Court of Appeals had ruled that […]

DHS, DOL Issue Joint Rule Increasing H-2B Visa Cap

May 27, 2021|Contributed by: kirby@immigrationissues.com

Contributed by Kirby Joseph, Alliance of Business Immigration Lawyers The Departments of Homeland Security (DHS) and Labor (DOL) published a joint temporary final rule making available an additional 22,000 H-2B temporary nonagricultural guest worker visas for fiscal year (FY) 2021 “to employers who are likely to suffer irreparable harm without these additional workers.” Of the […]

DHS Withdraws Proposed Rule Expanding Biometrics Collection and Use

May 21, 2021|Contributed by: Joseph & Hall P.C.

On May 10, 2021, the U.S. Department of Homeland Security withdrew a proposed rule titled “Collection and Use of Biometrics by U.S. Citizenship and Immigration Services.” This proposed rule would have greatly expanded the personal data collected for immigration benefits, increasing processing times and costs. USCIS has the general authority to require and collect biometric […]

DHS Announces Closure of Two Detention Facilities

May 21, 2021|Contributed by: Luke Niermann

On May 20, 2021, Alejandro Mayorkas, the Secretary of Homeland Security, directed ICE to immediately discontinue the use of an immigration detention facility in North Dartmouth, Massachusetts and prepare to discontinue the use of another detention facility in Ocilla, Georgia. Both facilities have been at the center of controversy in recent months. At the Massachusetts […]

Supreme Court Ruling Opens Eligibility to Relief in Removal Proceedings

April 29, 2021|Contributed by: Aaron C. Hall, Esq.

Today, the U.S. Supreme Court issued its opinion in Niz-Chavez v. Garland, ruling that where a Notice to Appear does not contain all information required by statute, including the date and time of the initial hearing, it does not trigger the stop-time rule, even when a subsequent notice gives the time and date of the […]

Changing Tides: ICE & CBP Will Limit Arrests at Courthouses & Stop Using Certain Harmful Language When Referring to Immigrants in the United States

April 29, 2021|Contributed by: Jennifer Howard

On April 27, 2021, the Department of Homeland Security (DHS; Department) announced that U.S. Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents will no longer be allowed to arrest people in or near courthouses for most immigration violations. This marks a drastic change in policy and attitude from the Department, as […]

NOTABLE CASES

Appeals & Federal Litigation Cases

PURDUE UNIVERSITY v. EUGENE SCALIA

We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.

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AKER v. TRUMP

This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …

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ANUNCIATO v. TRUMP

This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.

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MILLIGAN v. POMPEO

This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc.

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