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Court Rules that M‑E‑V‑G‑’s “Particular Social Group” Test Is Entitled to Chevron Deference

The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.

ICE Agents Pressured Parents to Be Deported with Their Children — Then Separated Them Again When They Refused

A group of fathers who were reunited with their children after being separated by ICE were then separated a second time after the fathers refused to sign paperwork to withdraw their children’s immigration cases and be deported together.  It is despicable what ICE is doing. Unfortunately, they seem to have the go ahead from Trump.

USCIS Returns Unselected FY2019 H-1B Cap-Subject Petitions

USCIS announced that as of yesterday, July 30, 2018, it had returned all FY2019 H-1B cap-subject petitions that were not selected in the lottery.

Trump May Slash Number of Refugees U.S. Accepts by 40 Percent

the White House is considering a second major reduction in the number of refugees accepted for resettlement in the United States. Last year, the Trump administration set the cap for refugee admissions at a historic low of 45,000. President Trump must officially set the cap by the start of FY2019, which begins on October 1, 2018

Court Considers Both Charging Document and Statute in Aggravated Felony Analysis

Declining to review the BIA’s denial of the cancellation application, the Ninth Circuit ruled that the petitioner’s guilty plea to the charge of violating a Washington state child assault statute “with sexual motivation” brings the conviction within the definition of the federal offense of sexual abuse of a minor.

Court Rejects Gang Murder Witness’ Purported Social Group

Denying the petition to review the BIA’s reversal of the immigration judge’s grant of withholding of removal, the Eighth Circuit upheld the BIA’s finding that “former taxi drivers from Quezaltepeque who have witnessed a gang murder” was not socially distinct and thus could not qualify as a “particular social group.”

Court Holds that Imposition of Court Costs Does Not Qualify as “Conviction”

The Fourth Circuit granted the petition for review, finding that an assessment of $100 in costs, assessed attendant to prayer for judgment continued under North Carolina law, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA.

Specifics on ‘unlawful presence’ for F-1 and J-1 students

Starting August 9, 2018, a new policy goes into effect for F-1 and J-1 holders. They will start accruing unlawful presence the day after they violate their status, get an order from a Judge they are out of status, or get a ruling from Immigration their status is denied.

New USCIS Policy on Accrual of Unlawful Presence and F, J, and M Nonimmigrants Takes Effect Next Week

USCIS’s new policy on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents will take effect next Thursday, August 9, 2018.

District Judge Denies Government’s Application to Revise FloresSettlement Agreement

U.S. District Judge Dolly Gee issued an order denying the government’s application for limited relief from the settlement agreement in Flores v. Reno, calling the application “a cynical attempt, on an ex parte basis, to shift responsibility to the judiciary for over 20 years of congressional inaction and ill-considered executive action that have led to the current stalemate.”