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USCIS to Implement Online Processing of FOIA Requests

USCIS announced the launch of its Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online.

DOL Releases Form ETA-9142-B-CAA for H-2B Filings

DOL’s Office of Foreign Labor Certification (OFLC) published Form ETA-9142-B-CAA and its instructions in support of the DHS/DOL temporary rule increasing the FY2018 numerical limitation for the H-2B program, which was published today and is effective immediately

Due Process decreased

The new policies “systematically deprive people coming to the United States of due process and the opportunity to apply for legal relief to which they may be entitled under law.”

Retired IJs and Former BIA Members Express Disappointment in AG’s Decision in Matter of Castro-Tum

Retired immigration judges (IJs) and former members of the BIA expressed disappointment in Attorney General Jeff Sessions’ decision in Matter of Castro-Tum, which held IJs and the BIA do not have authority to administratively close cases unless they meet very narrow criteria. The National Association of Immigration Judges (NAIJ) sent a letter on January 30, 2018, urging Sessions to affirm the authority of IJs and the BIA to administratively close cases. See AILA’s featured issue page for more information.

BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony

The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.

Senate and House Democrats Request Investigation of Illegal Hiring Allegations at DOJ

Top Senate and House Democrats sent a letter to DOJ’s Inspector General, requesting an investigation into allegations that DOJ has targeted candidates and delayed job offers for immigration judge (IJ) and BIA positions based on the candidates’ perceived political or ideological views. 

Companies File Motion for a Temporary Restraining Order Challenging USCIS Policy Memo on Third-Party Worksites

Plaintiff companies filed a motion in a New Jersey district court for a temporary restraining order and preliminary injunction challenging USCIS’s policy memo on contracts and ititeraries requirements for H-1B petitions involving third party worksites and the special eligibility requirements for job contractors participating as employers in the H-1B program.

DACA Recipients File Motion to Intervene in Texas’ Lawsuit Challenging DACA Program

A group of DACA recipients filed a motion to intervene in a lawsuit challenging the DACA program that was filed by Texas and six other states earlier this month, arguing that their interests are not represented in the case, given the plaintiff states and the defendant, the federal government, all oppose the DACA program. 

Court Upholds Denial of Asylum to Petitioner Who Supported Gay Rights in Cameroon

The Eleventh Circuit denied the petition for review, holding that substantial evidence supported the BIA’s findings that the petitioner, who sought asylum based on claimed persecution due to his support of gay rights in Cameroon, did not experience past persecution and did not have a well-founded fear of future persecution.

Jeff Sessions Is Exerting Unprecedented Control Over Immigration Courts — By Ruling on Cases Himself

On three BIA decisions that the Attorney General has referred to himself for review, as well as a proposal in DOJ’s spring 2018 regulatory agenda that could widen the Attorney General’s power over the immigration court system