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New Proposed Rule to Expand Power of Board of Immigration Appeals

August 25, 2020|Contributed by: Aaron C. Hall, Esq.

The Department of Justice (DOJ) issued a notice of proposed rulemaking which will dramatically alter the role of the Board of Immigration Appeals (BIA) in removal proceedings. Provisions of the proposed rule include: Codification of the Trump Administration’s elimination of administrative closure in removal proceedings from Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) […]

DACA Update: USCIS Refuses to Accept Initial Applications, Limits Advance Parole Requests, and Shortens Renewals from Two Years to One Year

August 4, 2020|Contributed by: Jennifer Howard

On June 18, 2020, the U.S. Supreme Court decided that the Trump administration’s 2017 attempt to terminate the Deferred Action for Childhood Arrivals (DACA) program was legally improper because the government agency failed to provide a reasoned explanation for its action. As explained in a previous post, the Court’s decision left the door open for […]

Status of Current Challenges to Presidential Proclamations

August 4, 2020|Contributed by: Zachary New

On April 22, 2020 and June 22, 2020 President Trump signed two Presidential Proclamations suspending the entry of certain immigrants, those applying for permanent residence, and nonimmigrants, those coming to the United States temporarily for work.  These Proclamations have had massive impacts on the lives of, quite literally, hundreds of thousands of individuals, and as […]

USCIS Filing Fees Set to Increase

August 3, 2020|Contributed by: Aaron C. Hall, Esq.

The Department of Homeland Security (DHS) announced a final rule that will change the filing fees for immigration applications to USCIS. For the first time, the agency will require a filing fee ($50) for those applying for asylum. Some notable changes for other forms include: I-90 Application to Replace Permanent Resident Card Current Fee: $455 […]

Recent Tenth Circuit Decisions Could Significantly Alter Eligibility for Ten-Year Cancellation of Removal

July 30, 2020|Contributed by: Aaron C. Hall, Esq.

Ten-year Cancellation of Removal is a form of immigration relief available to someone who is undocumented and meets certain eligibility requirements including having accrued 10 years’ continuous physical presence in the United States.[1] In cases where the individual was served with a Notice to Appear (NTA) that is not-deficient (meaning, it contained information identifying an actual […]

USCIS Delay in Issuing Work Permits and Green Cards

July 27, 2020|Contributed by: Shana D. Velez

In June, 2020, U.S. Citizenship and Immigration Services (USCIS) significantly reduced its capacity to produce documents such as Legal Permanent Resident Cards (green cards) and Employment Authorization Documents (work permits).  Thousands of individuals have not received their physical cards despite their applications having been approved.  As a result, many people are facing job losses and/or […]

DACA Saved (for now) by U.S. Supreme Court Decision: What’s Next?

June 26, 2020|Contributed by: Jennifer Howard

What Happened? On June 18, 2020, the U.S. Supreme Court decided that the Trump administration’s 2017 attempt to terminate the Deferred Action for Childhood Arrivals (DACA) program was legally improper because the government agency failed to provide a reasoned explanation for its action. The 5 to 4 decision did not address whether the DACA program […]

Military Members Class Action Lawsuit over Naturalization

June 26, 2020|Contributed by: Shana D. Velez

On April 28, 2020, the ACLU filed a class-action lawsuit on behalf of non-citizen military members whose applications for naturalization are being wrongfully denied.  The suit arose from a Department of Defense change in policy that now requires that military servicemen and women satisfy additional criteria including: 1. additional background screening; 2. pass a “military […]

Changes in Regulations Affecting Work Permits for Asylum Seekers Could Result in $255.88 million to $774.46 million in Lost Wages Annually.

June 25, 2020|Contributed by: Aaron C. Hall, Esq.

Following its notice of proposed rulemaking issued last September, USCIS announced on June 19, 2020 that it would adopt its proposed regulations affecting the approval of initial work permit applications for asylum seekers. This new rule, discussed below, affects how quickly the agency must adjudicate an asylum seeker’s initial request for an employment authorization document […]

Federal Appeals Court to Allow Expanded Expedited Removal

June 24, 2020|Contributed by: Aaron C. Hall, Esq.

What Happened A Federal Appeals court ruling appears to have cleared the way for the Trump Administration’s expanded use of “expedited removals.” The lower court’s order blocking implementation of the rule was vacated and the cases were sent back to the lower court for further arguments. Background Back in July of 2019, DHS announced the […]

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.

VIEW CASE

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.

VIEW CASE

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