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Visa Bulletin and Adjustment of Status Dates for March 2019

DOS posted the Visa Bulletin for March 2019. In addition to the final action dates and dates for filing applications, the bulletin includes notes about diversity immigrant visas (DV), the Employment Fourth Preference Category for Certain Religious Workers (SR), and the Employment Fifth Preference Categories (I5 and R5). USCIS determined that for March 2019, the Dates for Filing chart must be used for family-based preference filings and the Final Action Dates chart must be used for employment-based preference filings.

USCIS Class Action Member Identification Notice

USCIS announced that a class was certified in Zhang v. USCIS that includes any individual with a Form I-526 that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual’s own assets. The notice includes details on how to contact USCIS to identify yourself if you believe you are a potential class member.

Democrats Prepare Resolution Against Trump’s Declaration

The Associated Press reports that House Democrats will file a resolution tomorrow aimed at blocking the national emergency declaration that President Trump issued to help finance a wall along the southwest border. According to The Hill, Republican Senator Susan Collins of Maine is “strongly opposed” to the president’s declaration and supports the lawsuit filed by 16 states challenging the emergency declaration. Sen. Collins said she wouldn’t be surprised “if the courts find the president’s action is contrary to the separation of powers.”

Trump Plan Fails to Cut Immigration Court Backlog, as Caseload Soars More than 26 Percent

The Los Angeles Times reports that the administration’s controversial plan to shrink the ballooning backlog of immigration cases by pushing judges to hear more cases has failed

Acting AG Sets New Briefing Schedule for Matter of L‑E‑A‑ and Matter of Castillo-Perez

Acting Attorney General Matthew Whitaker announced a new briefing schedule for Matter of L‑E‑A‑, a decision he previously referred to himself for review of whether, and under what circumstances, an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. He also announced a new briefing schedule for Matter of Castillo-Perez, a decision he previously referred to himself for review of issues related to eligibility for cancellation of removal and the impact of multiple convictions for driving while intoxicated when determining whether an individual lacks “good moral character.” In both cases, briefs of amici are now due on or before February 25, 2019.

Civil Liberties Groups Ask Congress to Refuse Border Tech Funding in Any Shutdown Deal

The Hill reports that a coalition of civil liberties and immigration groups have raised concerns with congressional leadership about border technologies proposed as part of the bipartisan and bicameral negotiations to reach a border deal by February 15 to avoid another shutdown. According to the groups, surveillance drones, license plate readers, and DNA testing could raise serious privacy concerns for those crossing the border and living in border cities, while “risk-based targeting” and biometrics technologies could result in racial profiling and harm vulnerable communities.

Civil Liberties Groups Ask Congress to Refuse Border Tech Funding in Any Shutdown Deal

The Hill reports that a coalition of civil liberties and immigration groups have raised concerns with congressional leadership about border technologies proposed as part of the bipartisan and bicameral negotiations to reach a border deal by February 15 to avoid another shutdown. According to the groups, surveillance drones, license plate readers, and DNA testing could raise serious privacy concerns for those crossing the border and living in border cities, while “risk-based targeting” and biometrics technologies could result in racial profiling and harm vulnerable communities.

Court Denies Petition for Review, Citing Bermudez-Cota

The Ninth Circuit denied the petition for review of the BIA’s denial of relief from removal after the petitioner argued that in light of Pereira v. Sessions, a Notice to Appear (NTA) lacking the time and date of the hearing was insufficient to vest jurisdiction with the immigration court. Citing Matter of Bermudez-Cota, the court held that even when an NTA doesn’t specify the time and date of an individual’s initial removal hearing, as long as a notice of hearing specifying this information is later sent to the individual in a timely manner, the immigration court has jurisdiction over the individual’s removal proceedings.

House Oversight Committee Chairman Wants Answers on Legal Immigration Backlog

NBC reports that Representative Elijah Cummings (D-MD), Chairman of the House Oversight Committee, sent a letter to CIS Ombudsman Julie Kirchner about “troubling reports” he had received that “raise significant questions” about whether she has “sufficient commitment” to the agency’s mission.

“Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico

The Congressional Research Service issued a report about DHS’s Migrant Protection Protocols, commonly known as the Remain in Mexico Policy, that discusses the rollout of the policy and provides analysis related to expedited removal, statutory authority for the policy, and other legal issues.