Immigration Blog
The US Supreme Court’s Decision in Mata v. Lynch
On June 15, 2015, the United States Supreme Court issued its decision in Mata v. Lynch, No. 14-185, holding that federal courts of appeals have jurisdiction to review the Board of Immigration Appeal’s (Board) decisions on motions to reopen. A Motion to Reopen is a procedural measure that provides a party to the immigration proceedings […]
Jeb Bush Says He Would Not Repeal DACA and DAPA if Elected
The 2016 Presidential election is more than a year away, but candidates are already staking out their positions on President Obama’s Executive Actions on immigration. The Executive Actions, and in particular the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA), have been the subject of heated argument both amongst politicians […]
USCIS Offers Assistance to Nepali Nationals in the United States
The United States Citizenship & Immigration Service announced today that it would offer temporary, emergency services to Nepali citizens stranded in the United States due to the devastating earthquake on April 25, 2015. Measures that may be available to eligible Nepali nationals upon request include: Change or extension of nonimmigrant status for an individual currently […]
The Status of Family Detention in Dilley, Texas and Karnes City
A District Court Judge in California issued a ruling recently attacking the Obama administration’s family detention policy, arguing that the policy violates parts of an eighteen-year-old court settlement regarding the detention of immigrant children. The ruling is just tentative at this point, and was issued by the judge along with an order that the two […]
Attorney General Withdraws Matter of Silva-Trevino, Strict Categorical Approach to Apply in CIMT Analysis
The Upshot Last week, Attorney General Eric Holder withdrew the decision in Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008). This means that immigration adjudicators should no longer be able to reference police reports or other extraneous evidence when deciding whether a conviction constitutes a crime involving moral turpitude (CIMT). Instead, they will once […]
Update on Texas v. United States: Litigation Regarding DAPA and Expanded DACA
Contributed by Koby Polaski, Senior Attorney, Edwards Office It is difficult to keep straight the many legal issues playing out in the litigation between twenty-six states and the federal government over the legality of President Obama’s DAPA (Deferred Action for Parental Accountability) and expanded DACA (Deferred Action for Childhood Arrivals) programs. We are keeping our […]
Department of Labor is Again Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers
Contributed by Melanie Corrin, Partner On March 4, 2014 a federal district court in the Northern District of Florida vacated the Department of Labor’s 2008 H-2B regulations, finding that the DOL lacks authority to issue regulations in the H-2B program under the Immigration & Nationality Act. Because of this decision, effective March 5, 2015, DOL […]
Hearing Scheduled Today in Texas v. United States
A hearing is scheduled today in Texas v. United States before U.S. District Court Judge, Andrew Hanan. Unfortunately, while this might sound like progress, we should not expect a decision from Judge Hanan anytime soon. Today’s hearing is specifically regarding the Plaintiff States’ Motion for Early Discovery, filed on March 5, 2015. In his Order […]
Department of Labor Not Accepting Prevailing Wage Requests or Labor Certification Applications for H-2B Workers
Contributed by Melanie Corrin, Partner On March 4, 2014 a federal district court in the Northern District of Florida vacated the Department of Labor’s 2008 H-2B regulations, finding that the DOL lacks authority to issue regulations in the H-2B program under the Immigration & Nationality Act. Because of this decision, effective immediately, DOL states that […]
Update on Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)
Contributed by Koby Polaski, Senior Attorney, Edwards Office On November 20, 2014 President Obama announced a series of executive actions which have the intended purpose of securing the United States borders, prioritizing the removal of felons, and allowing certain undocumented immigrants to apply for deferred action. Those that are eligible must pass a criminal background […]
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.
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 …
ANUNCIATO v. TRUMP
This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.
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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