Immigration Blog

Alexander J. Segal's picture

BIA Requests Briefs on Whether False Statements Must be "Material" to Constitute an Aggravated Felony "Involving Deceit"

On November 10, 2015, the Board of Immigration Appeals (BIA) invited interested members of the public to submit an amicus curiae (friend of the court) brief discussing the following question: “In determining whether an offense constitutes an aggravated felony under section 101(a)(43)(M)(i) of the Act, 8 U.S.C. § 1101(a)(43)(M)(i), must false statements be “material” in order to find that the statute “involves deceit”? The parties may address other issues pertinent to the case.”

Alexander J. Segal's picture

Attorney General Refers Two BIA Decisions to Herself for Review

Attorney General Loretta Lynch referred two Board of Immigration Appeals (BIA) decisions to herself for review. The decisions are Matter of Chairez (decided February 11, 2015) and Matter of Sama (decided July 17, 2015). Pending the Attorney General’s review, the BIA’s decision in both cases are automatically stayed. The Attorney General is reviewing the cases to determine whether they are consistent with the Supreme Court’s decision in Descamps v. United States (decided June 20, 2013). In this article, I will explain how this referral process works, the main issue that the Attorney General is considering, and the possible effects of this review going forward.

Wendy Barlow's picture

USCIS Offers Benefits to Spouses, Children, and Parents of Active Members of the U.S. Armed Forces, Individuals in the Selected Reserves, and Veterans

The Obama Administrative has used executive action to expand the use of parole to assist members of the armed forces, individuals in the reserves, and veterans. Parole is typically used to permit an alien who is outside the United States to enter the United States, but the Department of Homeland Security has recognized that parole may granted to an alien who is physically present in the United States without inspection or admission.

Alexander J. Segal's picture

Fifth Circuit Upholds Preliminary Injunction Against DAPA and DACA Expansion

On November 9, 2015, by a 2-1 majority, a three-judge panel of the United States Court of Appeals for the Fifth Circuit, in a decision written by Judge Jerry Smith, upheld a District Court's preliminary injunction against the implementation of the Deferred Action for Parents and Lawful Permanent Residents (DAPA) program, and against the expansion of the Deferred Action for Childhood Arrivals (DACA) program. The Fifth Circuit’s decision is sound, and strikes me as quite right on all of the key points. I will use this blog to first explain why the majority on the Fifth Circuit decided to uphold the preliminary injunction, the next steps in the litigation over DAPA and DACA, and my thoughts on why both the Fifth Circuit majority and Judge Hanen are spot on with their reasoning and decisions on these important issues.

Alexander J. Segal's picture

Aila Liaison Notes

Today American Immigration Lawyers Association published its Q&A notes on the Liaison meeting with Field Operations Directorate.

Alexander J. Segal's picture

December 11 Expiration Date for Three Immigration Programs (Including EB-5)

Three significant immigration programs are slated to expire on December 11, 2015. These three programs are the: EB-5 Regional Center Program; Conrad 30 J Waiver Program; Special Immigrant Non-Minister Religious Worker Programs. This blog will discuss the programs' prospects for reauthorization before they are set to expire.

Alexander J. Segal's picture

New BIA Decision on Continuous Physical Presence and Cancellation (2): Matter of Garcia-Ramirez

In Matter of Garcia-Ramirez, the BIA addressed whether an alien had his continuous physical presence (for cancellation of removal purposes) severed when he was picked up near the Mexican border and briefly detained before voluntarily returning to Mexico. The key question was whether that was sufficient to constitute a break in continuous physical presence.

Alexander J. Segal's picture

The Second Circuit Issues an Important Decision on Immigration Detention

On October 28, 2015, the United States Court of Appeals for the Second Circuit decided Lora v. Shanahan, an important case concerning mandatory detention for pending removal proceedings found in section 236(c) of the Immigration and Nationality Act (INA) for aliens who were inadmissible or deportable for certain offenses listed in sections 212(a) and 237(a) of the INA.

Alexander J. Segal's picture

New BIA Decision on Continuous Physical Presence and Cancellation (1): Matter of Castrejo-Colino

On October 28, 2015, the Board of Immigration Appeals (BIA) decided an important case titled Matter of Castrejon-Colino, pertaining to the requisite 10-year continuous physical present requirement in order to be eligible for regular non-LPR cancellation of removal that is found in section 240A(b)(1)(A) of the Immigration and Nationality Act (INA).

Alexander J. Segal's picture

Update: DHS Proposes New Rule to Extend STEM OPT Program

In response to a District Court decision court decision invalidating the STEM OPT program, the Department of Homeland Security proposed a new rule proposal on October 19, 2015. In addition to seeking to maintain the STEM OPT program in compliance with the court ruling, the new rule would make several key changes to the STEM OPT program. We will review the rule proposal and what it means going forward in this article.

Pages