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DHS to Increase Premium Processing Fee As of October 1

DHS published a final rule in today’s Federal Register increasing the premium processing filing fee by 14.92 percent, changing it from $1,225 to $1,410. The rule is effective October 1, 2018, and applications postmarked on or after that date must include the new fee.

Judge Denies Preliminary Injunction, Preserving DACA for Now

On Friday, August 31, 2018, a district court judge in Texas declined to issue a preliminary injunction halting DACA.

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.

USCIS’s can now issue denials without an RFE under certain circumstances

USCIS’s new guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018.
Another hit on due process. However, going to court is always an option.

Attorney General Sessions continues to take away due process of Immigrants

Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group.

Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.

Court Denies Asylum for Failure to Meet Nexus, “Particularity” Prong

The First Circuit upheld BIA denials that the petitioner was targeted based on her family relationship and that “single mothers with no male protection who are unable to relocate in El Salvador” are a particular social group. The court also denied the CAT claim, affirming that the petitioner presented no evidence that a Salvadoran official would acquiesce to the petitioner’s torture by gang members.

USCIS Announces Filing Location Change for Form I-751

USCIS announced that today, September 10, 2018, it changed the filing location for Form I-751, Petition to Remove Conditions on Residence. The form was previously filed at the California and Vermont Service Centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility; however, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices.
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