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Court Vacates BIA Ruling That IJ Was Without Authority to Grant a Waiver of Inadmissibility

The Eleventh Circuit granted the petition for review and found the BIA erred in concluding that immigration judges (IJs) cannot have concurrent jurisdiction over a waiver of inadmissibility for U visa applicants, stating the BIA did not address or analyze the plain meaning of INA §212(d)(3).

USCIS Issues Policy Memorandum on Issuance of Certain RFEs and NOIDs

USCIS issued a policy memo with guidance to adjudicators regarding the discretion to deny an application, petition, or request without first issuing a request for evidence (RFE) or Notice of Intent to Deny (NOID) if initial evidence is not submitted or if the evidence in the record does not establish eligibility. Guidance is effective September 11, 2018.

Judge Orders Government to Temporarily Stop Deporting Reunited Families

an order issued by a federal judge in San Diego this morning to temporarily stop the government from deporting families who were separated at the border for at least one week after reuniting them.

Court Finds Violation of Municipal Ordinance Was “Conviction”

The Eighth Circuit found that the BIA properly denied the petitioner Temporary Protected Status (TPS) because he was convicted of two misdemeanors, adding that it is irrelevant whether state law classifies crimes as “infractions” or “violations,” so long as punishment imposable under state law meets the definition of misdemeanor.

EOIR Hotline Once Again Includes Names of Immigration Judges

EOIR is once again including the names of immigration judges on its automated case status hotline, reversing course following complaints over the names being removed from the system in March 2018.

Court Rules That Violation of Maryland Theft Statute Is Not CIMT

The Fourth Circuit held that Md. Crim. Law §7–104, which combines multiple theft offenses into a single statute, cannot categorically qualify as a CIMT under Diaz-Lizarraga and remanded for consideration for cancellation of removal.

New York Times: Whistle-Blowers Say Detaining Migrant Families ‘Poses High Risk of Harm’

The New York Times reports that as the Trump administration moves to expand family detention, two of the government’s own medical consultants sent a letter to the Senate’s Whistleblower Protection Caucus detailing a series of 10 investigations over the past four years that “frequently revealed serious compliance issues resulting in harm to children.”

Court Finds SIJ Designees May Enforce Their Rights Under the Suspension Clause

The Third Circuit found that the jurisdiction-stripping provision of the INA operates as an unconstitutional suspension of the writ of habeas corpus as applied to Special Immigrant Juvenile (SIJ) designees seeking judicial review of expedited removal.

USCIS Announces Attorneys and Accredited Representatives Can Now File Form N-565 Online

USCIS announced that attorneys and accredited representatives can now file Form N-565, Application for Replacement Naturalization/Citizenship Document, for their clients online using their myUSCIS account. No substantive changes have been made to the content of the form.

DHS Announces Extension of TPS for Somalia for 18 Months

DHS Secretary Kirstjen Nielsen announced her decision to extend the Temporary Protected Status (TPS) designation for Somalia for 18 months. Individuals from Somalia with TPS will be eligible to re-register and extend their status through March 17, 2020. Further details, including information about the re-registration process and employment authorization documents, will appear in a Federal Register notice.