DHS published a final rule revising procedural requirements in the regulations related to service of process of summonses, complaints, and subpoenas. The rule is effective today, April 23, 2020.
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The Board of Immigration Appeals has issued a decision in Matter of J-J-G-, 27 I&N Dec. 808 (BIA 2020).
Headnotes:
(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.
(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.
Read full decision at https:/
I don’t see how that changes anything
(1) The exceptional and extremely unusual hardship for cancellation of removal is based on a cumulative consideration of all hardship factors, but to the extent that a claim is based on the health of a qualifying relative, an applicant needs to establish that the relative has a serious medical condition and, if he or she is accompanying the applicant to the country of removal, that adequate medical care for the claimed condition is not reasonably available in that country.
(2) The Immigration Judge properly determined that the respondent did not establish eligibility for cancellation of removal because he did not demonstrate that his qualifying relatives will experience hardship, including medical, economic, and emotional hardship, that rises to the level of exceptional and extremely unusual.
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The BIA ruled that for determining the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by an individual’s unwillingness to satisfy the terms of acceptance.
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A gay man from Ghana was brutally attacked for his sexual orientation before he escaped and made his way to the U.S. Immigration judges denied his claim in part because there were not multiple attacks. On appeal, a federal appeals court ruled that the man must have his claim reconsidered, saying a single attack can be sufficient for an asylum claim depending on the circumstances.
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Last week, USCIS announced that responses to Requests for Evidence (RFEs) and Intent to Deny (NOID) would be due 60 days after the listed deadline. On March 30, USCIS expanded that flexibility to Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers. This also applies to certain filing date requirements for Form I-290B, Notice of Appeal or Motion. The goal is to minimize immigration consequences from the COVID-19 pandemic.
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On April 1, USCIS announced that the temporary office closures in response to the COVID-19 pandemic have been extended to May 3. USCIS will continue to provide limited emergency services, including processing employment authorization extensions.
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The Ninth Circuit upheld a ruling blocking a policy that categorically denied bond hearings to asylum seekers, targeted at individuals who immigration officers previously determined have a “credible fear” of persecution or torture if returned to the places they fled.
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ProPublica reports on an internal memo that orders Border Patrol agents to push the overwhelming majority of migrants back to Mexico, citing little-known power given to the CDC to ban entry of people who might spread disease. ProPublica‘s Dara Lind writes, “For the first time since the enactment of the Refugee Act in 1980, people who come to the United States saying they fear persecution in their home countries are being turned away by Border Patrol agents with no chance to make a legal case for asylum.”
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Granting the petition for review, the 10th Circuit held that, given the unambiguous statutory language for the stop-time rule and Notices to Appear (NTAs), the stop-time rule is not triggered by the combination of an incomplete NTA and a notice of hearing.
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