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Court Rules that BIA Erred in Failing to Analyze Past Persecution Under Childhood Standard

The First Circuit vacated the BIA’s order dismissing the petitioner’s appeal and remanded, finding that because the Ecuadorian asylum applicant was a minor at time of mistreatment, the immigration judge and BIA should have taken a child-specific analysis.

Helping Persecutors

New case showing that helping under duress is a defense (1) An applicant who is subject to being barred from establishing eligibility for asylum or withholding of removal based on the persecution of others may claim a duress defense, which is limited in nature. (2) To meet the minimum threshold requirements of the duress defense to the persecutor bar, an applicant must establish by a preponderance of the evidence that (1) he acted under an imminent threat of death or serious bodily injury to himself or others; (2) he reasonably believed that the threatened harm would be carried out unless he acted or refrained from acting; (3) he had no reasonable opportunity to escape or otherwise frustrate the threat; (4) he did not place himself in a situation in which he knew or reasonably should have known that he would likely be forced to act or refrain from acting; and (5) he knew or reasonably should have known that the harm he inflicted was not greater than the threatened harm to himself or others.

USCIS No Longer Accepting I-765 Service Requests at the 75-Day Mark

USCIS confirmed that it is no longer accepting service requests for I-765 applications that have been pending for more than 75 days unless the applications are outside of USCIS’s posted processing times.1:06 AM

USCIS Announces Re-Registration Period Is Now Open for Hondurans with TPS

USCIS announced that current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain their status through the termination date of January 5, 2020, must re-register between June 5 and August 6, 2018. Re-registration procedures were published today in the Federal Register.1:03 AM

DOJ Announces 311 New Assistant United States Attorney Positions

Attorney General Jeff Sessions announced that DOJ is allocating 311 new Assistant United States Attorneys to assist in priority areas, including 35 additional immigration prosecutors. This is the largest increase of new Assistant U.S. Attorneys in decades.1:02 AM

Additional H-2B Visas Already Exhausted

H-2B visas available under the FY2018 supplemental cap, following yesterday’s announcement from USCIS that it will conduct a lottery to randomly select the number of petitions required to meet the increased FY2018 cap from H-2B cap-subject petitions received between May 31 and June 6, 2018 is already exhausted12:55 AM

BIA Finds Respondent Subject to “Material Support” Bar Because of Cooking and Cleaning She Performed Under Threat of Death

In a decision published recently, the BIA remanded the record to the immigration judge for entry of a new decision after finding that the respondent afforded material support to the guerillas in El Salvador in 1990 because the forced labor she provided in the form of cooking, cleaning, and washing their clothes aided them in continuing their mission of armed and violent opposition to the Salvadoran government.12:54 AM
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