Immigration Blog

New Jersey Chief Justice Letter Regarding Immigration Arrests in New Jersey Courts

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On April 19, 2017, New Jersey Supreme Court Chief Justice Stuart Rabner submitted a letter to the Department of Homeland Security (DHS) objecting to the immigration arrest of two individuals as they were making required appearances in New Jersey Court for criminal proceedings. A spokesman for the United States Immigration and Customs Enforcement (ICE) stated that the ICE only arrests targets at courthouses after all other options have been exhausted. He added that tracking criminal aliens is resource intensive, and that in certain cases courthouses provide “the most likely opportunity” to locate a target and take him or her into custody”. Furthermore, he added that courthouse arrests are safer for agents because courthouses have metal detectors and other screening processes.

OFLC Discusses Progress on Implementing Changes After "Buy American and Hire American" EO

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On June 21, 2017, the American Immigration Lawyers Association (AILA) posted the minutes of a meeting with the Office of Foreign Labor Certification (OFLC) that took place on June 6, 2017 (see AILA Doc. No. 17062131 (6/21/2017)). In this post, I will examine in brief an update provided by the OFLC regarding the implementation of the provisions of President Trump’s April 18, 2017, Executive Order 13788 titled “Buy American and Hire American.”. Please see our full article on the “Buy American and Hire American” Executive Order to learn in more detail about its immigration-related provisions.

Two Important Supreme Court First Amendment Decisions

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On June 19, 2017, the Supreme Court of the United States released a flurry of decisions as the term came to a close. In this post, I will examine in brief two interesting First Amendment cases that are not related to immigration law. The two cases are Matal v. Tam, 582 U.S. __ (2017), and Packingham v. North Carolina, 582 U.S. __ (2017). Please follow our site closely for information on likely upcoming Supreme Court decisions that directly implicate immigration issues.

EOIR Swears in 11 New Immigration Judges

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On June 16, 2017, the Executive Office for Immigration Review (EOIR) announced that it had sworn in 11 new immigration judges. The 11 new immigration judges were selected by Attorney General Jeff Sessions. The 11 new judges will serve on 10 immigration courts, with the Otay Mesa Immigration Court welcoming two new immigration judges.

AILA Reports Members Erroneously Received ASC Appointment Notices From NBC

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The American Immigration Lawyers Association (AILA) reported on June 19, 2017, that several of its members have erroneously received Application Support Center (ASC) Appointment Notices from the United States Citizenship and Immigration Services (USCIS). AILA explained that the biometrics notices were issued to AILA attorneys by the National Benefits Center (NBC), but did not relate to any individual clients of the attorneys. NBC informed AILA that it would provide updates as necessary.

July 2017 Visa Bulletin

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On June 9, 2017, the United States Department of State (DOS) released the “Visa Bulletin for July 2017.” The July 2017 Visa Bulletin contains dates for filing and application final action dates for the family-sponsored and employment-based immigrant visa preference categories in July of 2017. On June 13, 2017, the United States Citizenship and Immigration Services (USCIS) determined that both family-sponsored and employment-based immigrant visa beneficiaries must use the final action dates contained in the July 2017 Visa Bulletin. In this article, we will reproduce the relevant charts for family-sponsored and employment-based beneficiaries of approved immigrant visa petitions who are waiting to file for adjustment of status. This post will also include news and notes from the DOS’s July 2017 Visa Bulletin.

Matter of Deang, 27 I&N Dec. 57, 64-66: Dissenting Opinion of Board Member Garry Malphrus

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On June 16, 2017, the Board of Immigration Appeals (BIA) issued a precedent decision in the Matter of Deang, 27 I&N Dec. 57 (BIA 2017), in which it held that an essential element of an aggravated felony receipt of stolen property offense under section 101(a)(43)(G) of the Immigration and Nationality Act (INA) is that the offender must receive the stolen property with the “knowledge or belief” that it has been stolen. However, Judge Garry Malphrus, who was a member of the three-judge panel considering the case, dissented from the opinion of the Board. Although Judge Malphrus’s dissent is not controlling – and the majority’s decision now constitutes binding precedent – it evinces that there may be members of the Board open to reassessing Matter of Deang in the future.

GAO Report on Case Backlogs in Immigration Courts

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On June 1, 2017, the United States Government Accountability Office (GAO) released a 146-page report titled “Immigration Courts: Actions Needed to Reduce Case Backlog and Address Long-Standing Management and Operations Challenges.” The report focuses on backlogs in the processing of immigration cases at the Executive Office of Immigration Review (EOIR), and it details the dramatic increase in processing times at the EOIR over the past decade. The report makes 11 recommendations for beginning to address the issues. In this article, we will examine key points from the GAO report as well as its recommendations for the EOIR. In so doing, we will rely on the following two documents that we have uploaded for those who want to follow along.

FWVP Performance Statistics and Potential Changes to Parole Policy in the Future

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In this article, we will examine several issues relating to the Filipino World War II Veterans Parole Program (FWVP). First, we will examine recently-released performance statistics for Form I-131, Application for Travel Document, applications for benefits under the FWVP through the second quarter of fiscal year (FY) 2017. Second, we will discuss uncertainty about the prospects of the FWVP for future applicants with respect to potential changes in immigration parole policy. Notwithstanding the second point, it is important to note that as of June 14, 2017, the USCIS is processing applications for benefits under the FWVP as it did when it commenced the program on June 8, 2016.

BIA Issues Amicus Invite on Statutory Interpretation in CIMT Cases

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On June 12, 2017, the Board of Immigration Appeals (BIA) issued Amicus Invitation No. 17-06-12. The Amicus Invitation, titled “Modified Categorical Approach & CIMTS),” welcomes interested members of the public to file amicus curiae briefs with the BIA by July 12, 2017, addressing issues relating to how the Board should interpret statutes of conviction in determining whether the convictions were for crimes involving moral turpitude (CIMTs).

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