Immigration Blog

Alexander J. Segal's picture

Election Issues and Immigration #7: Studying the Two Mentions of Immigration in the First Presidential Debate

I hoped to provide analysis of immigration issues discussed in the Presidential Debate between Hillary Clinton and Donald Trump last week. Immigration was mentioned twice. First, Donald Trump said he was endorsed by the ICE. He was not. Second, he said that gangs are roaming the streets “[a]nd in many cases, they’re illegally here, illegal immigrants.” Hillary Clinton did not mention immigration or anything tangentially related. Remarkably, It seems that I do not have much to offer on immigration issues in the debate. Let us hope that the Vice Presidential debate between Tim Kaine and Mike Pence offers more debate about important immigration issues than about Rosie O’Donnell and former Miss Universe winners.

Melsida Asatrian's picture

Supreme Court to Consider Constitutionality of INA's Aggravated Felony Provision

On Sep 29, 2016, the Supreme Court granted a petition for a writ of certiorari in Lynch v. Dimaya, Docket No. 15-4998. In this case, the Supreme Court will consider whether 18 U.S.C. 16(b) (one of the two crime of violence provisions) as incorporated into the INA’s provisions governing an alien’s removal from the United States is unconstitutionally vague.

 

Alexander J. Segal's picture

BIA Issues New Precedent Decision Regarding Divisibility

In the Matter of Chairez, 26 I&N Dec. 819 (BIA 2016), the BIA followed the Supreme Court’s decision in Mathis v. United States, 136 S.Ct. 2243 (2016) in finding that a criminal statute may only be considered divisible when it contains different elements in the disjunctive that each require jury unanimity in order to sustain a conviction.

Eliza Grinberg's picture

AAO Case Processing Times as of September 1, 2016

The Administrative Appeals Office (AAO) released its updated processing times as of September 1, 2016. As of that date, the average processing time for the review of all forms is six months or less. However, the AAO may take longer than six months due to factors beyond its control or for especially complex cases.

Melsida Asatrian's picture

EOIR Swears in 15 New Immigration Judges on September 23, 2016

On September 23, 2016, the Executive Office of Immigration Review (EOIR) swore in 15 new immigration judges.   With the new appointments, the EOIR announced that it now has a record high 291 immigration judges.  

Alexander J. Segal's picture

USCIS Announces Visa Bulletin Filing Dates May be Used for October AOS Applications

The USCIS determined that adjustment of status applicants in both the family-sponsored and employment-based cases may use the dates for filing from the October 2016 Visa Bulletin. In order to file for AOS in October, an applicant must have an approved IV petition and his or her priority cutoff date must be earlier than the filing date.

Eliza Grinberg's picture

BIA Issues Important Decision on Criminal Copyright Infringement and CIMTs

In the Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016), the BIA held that a federal conviction for criminal copyright infringement under 17 U.S.C. 506(a)(1)(A) and 18 U.S.C. 2319(b)(1) is a crime of moral turpitude. A key point was that the statute requires the infringement to be willful, that is, a voluntary violation of a known duty to not infringe on copyrights. 

Alexander J. Segal's picture

USCIS Announces Important Updates to Form N-470

The USCIS announced two important updates to the procedures for filing the Form N-400, Application for Naturalization.  These changes were made now that the Form N-400 is processed electronically, and apply to all applicants who do not reside overseas.  

Melsida Asatrian's picture

TPS Benefits Automatically Extended for Six Months for Guinea/Liberia/Sierra Leone in Advance of Termination

On May 21, 2017, the TPS designations for Guinea, Liberia, and Sierra Leone will terminate. To ensure an orderly transition before then, the DHS is extending TPS benefits and TPS EADs for beneficiaries from these countries through May 20, 2017. This extension is automatic. TPS beneficiaries from these countries should consult with an experienced immigration attorney for guidance.

Alexander J. Segal's picture

DHS Resumes Normal Treatment of Enforcement Decisions for Haitian Nationals

On Apr. 1, 2011, the DHS limited removals to Haiti to those with final orders of removal who were either convicted of a particularly serious crime or who posed a national security threat. On Sep. 22, 2016, the DHS announced that it would treat enforcement decisions with regard to Haitian nationals consistent with standard practice. The move does not affect Haitians on TPS or those who have resided continuously in the USA since Jan. 12, 2011.

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