On Monday, December 28, 2020, USCIS filed an unopposed Motion for Voluntary Dismissal in its appeal of the decision in ILRC v. Wolf. This was the law suit challenging the agency’s new fee schedule. Because USCIS now concedes its challenge to the decision enjoining the new fee schedule, the prior decision will remain in effect […]

USCIS and EOIR issued a joint final rule permitting a bar to asylum when an individual can be considered a public health danger. Namely, it amends existing regulations to clarify that in certain circumstances there are ‘‘reasonable grounds for regarding [an] alien as a danger to the security of the United States’’ or ‘‘reasonable grounds […]

On December 18, 2020, EOIR issued a final rule increasing the fees for filing, effective January 19, 2021. Fee increases are as follows: Fee for Form EOIR-26 increased from $110 to $975. Fee for Form EOIR-29 increased from $110 to $705. Fee for Form EOIR-40 increased from $100 to $305. Fee for Form EOIR-42A increased […]

On December 18th, the DHS announced that the United States and Honduras have concluded the implementation accords for the Asylum Cooperative Agreement, under which certain migrants requesting asylum or similar humanitarian protection at the border will be transferred to Honduras to seek protection in Honduras. Also last week, DHS announced that El Salvador has also […]

The Immigrant Legal Resource Center has published a new Practice Advisory on the Immigration Consequences of Texas Assault under TX Penal Code, Section 22.01. The advisory is geared toward immigration attorneys representing or advising clients with assault charges or convictions, and it provides tips for mitigating immigration consequences of TX assault offenses in criminal proceedings. […]

The rule, which becomes effective on January 19, 2021, would bar any individual from applying for asylum who transit through a third country without seeking protection. Although numerous comments were submitted, the rule goes into place roughly the way it was originally published in the proposed rule.

The American Immigration Council along with its legal partners were successful in obtaining Summary Judgment and Declaratory Relief in its decision in Nightingale et al. v. USCIS. On December 17, the court ruled in Plaintiffs’ favor, granting injunctive and declaratory relief. The court: permanently enjoined defendants from further failing to adhere to FOIA statutory deadlines […]

USCIS announced it has extended the period to respond to certain documents, including Requests for Additional Evidence, NOIDS, as well as many other requests. This extends the original announcement made on March 30, 2020. USCIS will consider a response to the above requests and notices received within 60 calendar days after the response due date […]

It’s been a crazy year! What better way to start a new year than with some fun and laughter. Thank you to Magali Candler for her work as Chair on this committee. This is a FREE EVENT! The info is below: We Survived 2020 Virtual BINGO! – Live January 6, 2021 1:00 PM (ET)Video Roundtable […]

The BIA, in Matter of Melgar, 28 I&N Dec. 169 (BIA 2020), denied a Motion to Reopen based on ineffective assistance of counsel. The Board held: Counsel’s acceptance of responsibility for error does not discharge the disciplinary authority complaint obligation under Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), particularly where the ineffective assistance allegation […]

Over the last few weeks, EOIR has published many proposed rules and final rules. Many of these final rules become effective in the waning days of the Trump Administration. Note, final rules must go through the rule making process to be reversed. See the below chart from AILA National and follow their Tracking Page to […]

This new policy memorandum is the basis for recent reports of expedited scheduling orders. The new “enhanced case flow processing” model will replace master calendar hearings with strict scheduling orders for respondents who have legal representation. This memorandum requires attorney’s to submit written pleadings, applications for relief, and encourages judges to issue orders when hearings […]

EOIR is proposing to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (“BIA”). The proposed rule would update the relevant regulations necessary to implement these electronic filing and records applications, including requiring certain users to file documents electronically andchanges to service of process. EOIR […]

The proposed rule proposes to amend EOIR regulations governingthe filing and adjudication of motions to reopen and reconsider and to addregulations governing requests for discretionary stays of removal. The proposed rule seeks to address failure to report for removal as well as the departure bar, essentially making it easier to remove individuals prior to and […]

The proposed rule would revise 8 CFR 1003.29 and codify standards for what constitutes ‘‘good cause’’ in different scenarios. First, the proposed rule at 8 CFR 1003.29(b)(1) would define ‘‘good cause’’ to require the requesting party to demonstrate a particular and justifiableneed for a continuance, and to make clear that the burden is on the […]

The US District Court for the Northern District of California held that the new Rule violated the APA. The Court concluded that Plaintiffs were entitled to judgment in their favor set aside the Rules on the basis that they were promulgated in violation of 5 U.S.C. section 553(b).

On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions issued against DHS’s Public Charge Rule issued by the Northern District of California and the Eastern District of Washington. The Court, however, limited the injunction issued by the Eastern District of Washington, vacating it from a national injunction. The District Court will need to […]

We wish you all a healthy, and very Happy Thanksgiving! Our chapter is thankful for having the best members of AILA. Take time to reflect on the things you are most grateful for in this crazy year. And also take time to spend time away from work and with your family and restoring your mind. […]

Are you concerned about what the Trump administration could be planning before he leaves office? Join the club! Luckily, AILA National has issued a very good list of pending and possible actions that the administration may take in the coming months. This list is helpful in guiding clients in making important decisions. Please follow the […]

The Department of State issued a Home > Research Library > DOS Temporary Final Rule Creating Visa Bond Pilot ProgramAdd NoteBookmark DOS Temporary Final Rule Creating Visa Bond Pilot Program The Department of State issued a temporary final rule creating a six-month pilot program under which applicants for B-1/B-2 visas from countries with overstay rates of ten percent or […]