The Associated Press reports that a judge in Arizona ruled yesterday that DACA recipients are eligible for in-state college tuition at Maricopa County colleges. In his ruling, the judge wrote, “Federal law, not state law, determines who is lawfully present in the U.S,” and because the federal government considers recipients of deferred action lawfully present, they can receive lower in-state tuition.
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removableunder section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA reasoned that because the respondent, an LPR who had disclosed during a naturalization interview that she had voted in an election in 2006 that included a local school board race, had intentionally voted in an election involving candidates for federal office, the general intent requirement of §611(a) was satisfied.
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
The Salt Lake Tribune reports that USCIS Director León Rodríguez called on Congress to make the immigration system more just at a convention of the Catholic Legal Immigration Network yesterday. “The immigration system that we are working off of … was mostly built back in the 1960s, meaning that it is an obsolete and archaic scheme that does not reflect our economy, does not reflect our demographics, and does not reflect—above all—our values,” Director Rodríguez said. “Real justice will come when we have reform … that gives us a path to citizenship [for undocumented immigrants].”
Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have “original” signatures, BALCA upheld the denial of three labor certifications in a decision issued yesterday, rejecting the argument that the typewritten name constituted an electronic signature.
Filed under: Immigration Attorney | Tagged: board of alien laber certification appeals, Board of Alien Labor Certification Appeals (BALCA), immigration appeal, Labor Certification, PERM, posting requirement | Leave a comment »