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AG Garland Gives Immigration Judges Back Authority to Administratively Close Cases

Attorney General (AG) Garland ruled that, while rulemaking proceeds and except when a court of appeals has held otherwise, immigration judges and the BIA should apply the standard for administrative closure set out in Avetisyan and W—Y—U—. AILA Executive Director Ben Johnson welcomed “this return to a more effective and efficient immigration court system,” but also noted that “the necessity of this decision only underscores the need for a truly independent immigration court system.”

https://www.uscis.gov/

https://cbocalbos.wordpress.com/tag/expert-immigration-attorney/

https://cbocalbos.wordpress.com/tag/immigration-attorney

https://cbocalbos.wordpress.com/tag/california-immigration-attorney/

9th Circ. says judges can reopen deported immigrant cases.

The Ninth Circuit held that immigration judges can reopen the cases of immigrants who have been removed from the U.S. or who voluntarily left. In its decision, the panel sided with a Mexican native who was removed in 1995 and asked an immigration judge to reopen his case sua sponte after he returned to the U.S. so he could apply for adjustment of status. The judge refused – and the BIA agreed – finding that a judge is blocked from taking sua sponte action because the migrant had left the country. However, the panel said that the departure bar does not apply to a sua sponte reopening of a case, but only limits motions to reopen. The panel has now joined a Circuit split on the issue, siding with the Tenth Circuit, and differing from the Second, Third, and Fifth Circuits.

https://cbocalbos.wordpress.com/tag/immigration-attorney-for-gays/

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https://www.uscis.gov/citizenship

Supreme Court agrees to hear challenge to Trump admin’s public charge rule.

he Supreme Court agreed to take up a case brought by various groups and state officials challenging a Trump-era rule that makes it more difficult for immigrants to obtain legal status if they use public benefits, like Medicaid, food stamps, and housing vouchers. The case challenges the public charge rule which was issued in August 2019 and is still in effect across most states. Advocates and several states that oppose the rule say the changes would penalize immigrants who rely on temporary assistance from the government and impose costs on the states.

tps://brian-d-lerner-blog.com/tag/board-immigration-appeals/

https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/

https://californiaimmigration.us/losing-at-the-immigration-court-is-not-the-end-get-a-long-beach-deportation-lawyer-to-appeal-to-the-board-of-immigration-appeals/

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