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EOIR Releases Two Memos Related to Case Priorities and Performance Measures

EOIR supplemented its January 17, 2018, memo, Case Priorities and Immigration Court Performance Measures by announcing the tracking and expedition of “family unit” cases at ten immigration court locations. EOIR further supplemented the January memo by heightening the bar for overcoming a 180-day adjudication window, stating that for an immigration judge to grant a continuance resulting in an asylum case taking longer than 180 days to adjudicate, a respondent must satisfy the good-cause standard and show exceptional circumstances.

BIA Dismisses Appeal and Denies Adjustment After Ex-Spouse Withdrew Affidavit of Support

The BIA dismissed the appeal and found respondent was inadmissible due to her likelihood of becoming a public charge, stating that even though the respondent divorced, she was required to provide an affidavit of support from her former husband.

DOL Issues Guidance in Light of Damage Done by California Wildfires

The DOL Office of Foreign Labor Certification (OFLC) issued guidance regarding California wildfires, stating that extensions will be granted for issues that arise from disaster-related conditions, including delays caused as a result of the disaster.

Trans Woman Was Beaten in ICE Custody Before She Died

An autopsy released yesterday shows that Roxsana Hernández, a Honduran trans woman who died in ICE custody, was likely physically abused at a privately operated ICE detention center before she died of untreated dehydration. ICE announced yesterday that Mergensana Amar, a Russian man who attempted suicide at an ICE detention center earlier this month, passed away on Saturday after he was removed from life support.

A Defendant Shows Up in Immigration Court by Himself. He’s 6.

Wilder Maldonado, who was separated from his father at the border and is facing immigration proceedings alone. ICYMI, the LA Times Published Published an op-ed earlier this week by a former DOJ employee about why he resigned from his position at the Los Angeles immigration court. Gianfranco de Girolamo writes, “I couldn’t stand by, or be complicit in, a mean-spirited and unscrupulous campaign to undermine the everyday work of the Justice Department and the judges who serve in our immigration courts — a campaign that hurts many of my fellow immigrants in the process

City of Baltimore Files Lawsuit Challenging DOS Change to Foreign Affairs Manual on Public Charge Ground of Inadmissibility

The city of Baltimore filed a lawsuit in federal district court challenging a change made by DOS to the Foreign Affairs Manual (FAM) in January 2018 which expanded the scope of the FAM’s “public charge” provision. The complaint asks the court to vacate the FAM change due to it being “arbitrary and capricious, procedurally infirm, and unconstitutional.”

9th Circuit Rules against Trump’s Asylum Ban

The 9th Circuit just ruled that it was unlawful for Trump to deny Central Americans into the U.S. to apply for asylum and cannot unilaterally stop asylum laws.