EOIR Director James McHenry is being reassigned and removed as the person in charge of overseeing the Immigration Courts. He will be replaced by Jean King, who has served in several positions in the BIA and EOIR. https://www.reuters.com/article/immigration-eoir/head-of-us-immigration-court-agency-is-stepping-down-idUSL1N2K3014
The BIA issued a decision holding that where a notice to appear fails to specify the time or place of a respondent’s initial removal hearing, the subsequent service of a notice of hearing specifying this information perfects the notice to appear and ends the accrual of physical presence for purposes of voluntary departure at the […]
The U.S. District Court for the Southern District of Texas, Victoria Division, issued a temporary restraining order to enjoin the government from executing the 100-day pause on the removal of individuals already subject to a final order of removal, as outlined in the DHS memo on January 20, 2021. The government is enjoined from executing […]
The Department of Homeland Security and the Executive Office for Immigration Review published a delay of the final rule they had announced on December 23, 2020. The rule barred applicants from seeking asylum, withholding or removal, and other relief, if they were deemed a danger to the security of the US based on health related […]
Counsel for the plaintiffs provided the following pertaining to the injunction on the EOIR Fee Hike: Following the January 18, 2021 Order from the D.C. District Court, enjoining nearly all of the fee increases EOIR had slated to go into effect the following day, counsel for the Plaintiffs in CLINIC v. EOIR, No. 20-cv-03812 (APM) […]
On day one, President Biden wasted no time in sending an immigration reform bill to congress. The bill provides as follows: Allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. Dreamers, […]
The Texas, New Mexico, and Oklahoma Chapter of AILA welcomes our new President Joe Biden and Madame Vice President Kamala Harris! President Biden began his administration with many immigration related actions. Following is a short list of day one immigration actions: A proclamation revoking discriminatory bans on entry to the United States. An executive order […]
Late in his last full day of office, former President Trump issued a Memorandum granting Deferred Enforced Departure to Venezuelans who were present in the U.S. on January 20, 2021. This announcement, requested for over a year, comes as he leaves office. The intent behind the prospective timing is questionable as it immediately caused a […]
With just before the rule became effective, District Court in Washington, DC enjoined the most parts of the EOIR fee increase on a nationwide basis. Accordingly, fees will stay the same for the following applications, motions, and appeals: BIA appeals from IJ decision (EOIR-26) BIA appeals from decision of DHS officer (EOIR-29) BIA motions to […]
The Acting Attorney General issued an opinion to provide additional clarity on asylum cases involving applicants who claim persecution by non-government actors on account of an applicant’s membership in a particular social group and remanded to the Board to issue a new opinion consistent with this opinion. Matter of A-B- 28 I&N Dec. 199 (A.G. 2021) Matter […]
USCIS issued policy guidance in the USCIS Policy Manual regarding applications for discretionary employment authorization based on 8 CFR 274a.12(c)(9) (pending application for adjustment of status under INA §245) or 8 CFR 274a.12(c)(14) (grant of deferred action). USCIS is also providing guidance outlining the categories of individuals eligible for discretionary employment authorization. Comments are due February […]
The Policy Manual provides stakeholders with access to all of EOIR’s policies in a single resource, and includes the Immigration Court and Board of Immigration Appeals Practice Manuals, the Office of the Chief Administrative Hearing Officer Practice Manual, and all current agency policy memoranda. The Policy Manual will be regularly updated, and the most current […]
Several plaintiff groups, including CLINIC, Florence Immigration Project, and the National Immigrant Justice Center, filed suit against the EOIR and DOJ, alleging the agency’s rule, entitled Appellate Procedures and Decisional Finality in Immigration Proceedings, Administrative Closure, was unlawfully issued. Plaintiffs argue that the rule was issued without authority and without effective comment period. The regulation […]
Judge James Donato of the U.S. District Court for the Northern District of California preliminarily enjoined the government from implementing, enforcing, or applying the final rule issued by DHS and DOJ on 12/11/20 titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review” or any related policies or procedures, including the […]
The memo provides a non-exhaustive list of legal and policy principles as an aid to adjudicators considering common types of continuance requests.
Please follow the link to provide examples of H-1B Cap-Subject Petitions that have been rejected for failing to list an October 1, 2020 start date. Your assistance is greatly appreciated. Call For Examples: H-1B Cap-Subject Petitions Rejected or Denied for Failure to List an October 1, 2020, Start Date Posted 1/7/2021 AILA has received reports […]
An advance copy was made available of a USCIS final rule creating a wage-based selection process for H-1B registration. The final rule will be published in the Federal Register tomorrow, January 8, 2021, and will be effective 60 days from the date of publication.
The court reversed the district court injunction of the Healthcare Proclamation (PP 9945), which requires immigrant visa applicants to demonstrate they can acquire health insurance within 30 days of entry or have the ability to pay for their foreseeable healthcare costs. Note: The injunction of Presidential Proclamation 9945 will remain in place until the mandate […]
On 12/31/20, President Trump issued Proclamation 10131 continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until 3/31/21.
On December 23, 2020, without a public announcement, EOIR made significant changes to the Immigration Court Practice Manual. Most of the changes are made to reflect those ordered in the Enhanced Case Flow Processing Memorandum, however, there were also changes to general filing deadlines for represented individuals. Some changes include: -Added Changes from Enhanced Flow […]