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Immigration Blog

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USCIS Offers Assistance to Nepali Nationals in the United States

May 6, 2015|Contributed by: kirby@immigrationissues.com

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

May 1, 2015|Contributed by: Koby L. Polaski, Esq.

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

April 14, 2015|Contributed by: Aaron C. Hall, Esq.

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

March 26, 2015|Contributed by: kirby@immigrationissues.com

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

March 25, 2015|Contributed by: kirby@immigrationissues.com

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

March 19, 2015|Contributed by: Koby L. Polaski, Esq.

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

March 5, 2015|Contributed by: kirby@immigrationissues.com

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)

February 25, 2015|Contributed by: kirby@immigrationissues.com

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 […]

Federal Government Files Notice of Appeal and Motion for Emergency Stay

February 23, 2015|Contributed by: kirby@immigrationissues.com

Contributed by Koby Polaski, Senior Attorney, Edwards Office As expected, the Federal Government today filed a Notice of Appeal and Motion for Emergency Stay of Judge Hanen’s order issuing an injunction in the case of Texas v. United States. If granted, the Stay would allow United States Citizenship and Immigration Services (USCIS) to begin accepting […]

USCIS Delays Acceptance of Expanded DACA Applications

February 18, 2015|Contributed by: kirby@immigrationissues.com

Contributed by Amber L. Blasingame, Associate Attorney, Colorado Springs The US Citizenship and Immigration Services, as of this afternoon, announced that the agency will not accept applications for the Expanded Deferred Action for Childhood Arrivals (Expanded DACA) on February 18, 2015, as originally announced. The agency has also suspended plans to implement and accept requests […]

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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