Vermont Service Center (VSC) Liaison Committee has confirmed with the VSC that petitioners should continue to file L-1 petitions with the VSC until February 12, 2018, at which point the Texas Service Center (TSC) will start accepting Form I-129 petitions requesting L nonimmigrant classification.
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In Garcia-Moctezuma v. Sessions, the Eighth Circuit denied the petition for review of the denial of withholding of removal and protection under the Convention Against Torture, holding that substantial evidence supported the finding that the petitioner, a follower of the deity Santa Muerte, failed to establish either a sufficient nexus between his faith and his mistreatment in Mexico or a likelihood of torture if removed to Mexico.
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DOJ announced that it sent letters to 23 cities, counties, and states as part of a review of 8 U.S.C. 1373 compliance, demanding the production of documents that could show whether each jurisdiction is restricting information sharing with federal immigration authorities. The letter states that recipient jurisdictions that fail to respond will be subject to a DOJ subpoena.
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Declining to follow the Ninth Circuit’s ruling in Bravo-Pedroza v. Gonzales, the BIA held that DHS is not precluded by res judicata from initiating a separate proceeding to remove a foreign national as one convicted of an aggravated felony burglary offense under INA §101(a)(43)(G), based on the same conviction that supported a crime of violence aggravated felony charge under §101(a)(43)(F) in the prior proceeding.
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USCIS announced that it has suspended operations at its Havana field office due to staff reductions at the U.S. Embassy in Havana, Cuba. During this suspension, USCIS’s field office in Mexico City will assume Havana’s jurisdiction, which only includes Cuba.
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The Associated Press (AP) reports on an ICE operation early this morning that initiated investigations into the hiring and employment practices of approximately 100 7-Eleven stores nationwide. A top USCIS official told the AP that the operation was “the first of many” and “a harbinger of what’s to come” for employers
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The Department of Justice (DOJ) announced that a judge revoked the naturalized U.S. citizenship of Baljinder Singh and canceled his Certificate of Naturalization, reverting him to lawful permanent resident status and rendering him potentially subject to removal proceedings at DHS’s discretion. This case was the first denaturalization to result from the DHS initiative Operation Janus.
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Answer: On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. On September 8, 2017, the University of
California filed a complaint challenging the rescission of the DACA program and asking the
court to enjoin the implementation of the rescission. On January 9, 2018, the district court issued an order directing the government to partially maintain the DACA program.
Question: What is the scope of the order?
Answer: The court’s decision orders DHS to maintain the DACA program on a nationwide basis, under the same terms and conditions that were in effect before the program was rescinded, with the following exceptions:
• New Applications: The court stated that applications from people who have never applied
for DACA “need not be processed.” However, the court also noted that the decision does
not prevent DHS from adjudicating new DACA applications.
• Advance Parole: The court stated that applications for advance parole based on DACA
do not have to be continued for the time being. However, the court also noted that the
decision does not prevent DHS from adjudicating advance parole applications based on
DACA.
• Discretion: The court stated that the government can take steps to ensure that discretion
is exercised fairly and on an individualized basis for each renewal application.
Question: What about deportation?
Answer: Importantly, the court also stated that the decision does not prohibit DHS from taking
enforcement action against anyone, including those with DACA, who it determines may pose a
risk to national security or public safety or who – in the judgement of DHS – “deserves … to be
Removed.”
Question: What must I file?
DACA
Answer: Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF). USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. USCIS will not accept or approve advance parole requests from DACA recipients.
This is just temporary. The Federal Judge did not rule on the merits and that is still upcoming in Federal Court.
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