Former Immigration Judges and BIA Members Slam DHS on Immigration Detention System

On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”

BIA Says Arizona Felony Conviction for Solicitation to Possess Marijuana for Sale Is a CIMT

In a precedent decision issued today, the BIA clarified Matter of Vo, holding that, within the jurisdiction of the Ninth Circuit, a returning lawful permanent resident (LPR) who has a felony conviction for solicitation to possess marijuana for sale is an arriving alien who is inadmissible under INA §212(a)(2)(A)(i)(I) for having committed a crime of moral turpitude (CIMT), even though that section of the INA refers only to attempt and conspiracy to commit a CIMT.

U.S. News and World Report: Supreme Court to Consider Indefinite Detention for Immigrants

This U.S. News and World Report article reports that the U.S. Supreme Court will hear arguments on Wednesday over whether immigrants facing deportation can be detained indefinitely for months or even years without a hearing. The case, Jennings v. Rodriguez, could have broad implications for President-elect Donald Trump’s proposals to step up immigration enforcement and ramp up deportations. If the respondents prevail, the Supreme Court could require mandatory bond hearings for detained immigrants nationwide. If the government wins, however, tens of thousands of people could be exposed to potentially indefinite periods of immigration detention.

BALCA Reverses Denial due to due process

BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation. BALCA further opined that it was not fundamentally fair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence of notice or guidance, particularly when the organized immigration bar has been pressing OFLC for years to clarify issues related to “roving” employees.

USCIS Designates Matter of L-S-M- as an Adopted Decision

USCIS issued a policy memorandum designating Matter of L-S-M- as an AAO adopted decision, which establishes this decision as policy guidance that applies to and binds all USCIS employees. Matter of L-S-M- clarifies that INA §240B(d)(2), which provides an exception for certain victims of domestic violence or related abuse to the civil penalties in INA §240B(d)(1) for failure to comply with an order of voluntary departure, does not extend to U-1 nonimmigrant victims of qualifying criminal activity.

USCIS Alert: H-2B Returning Workers Are Exempt from the FY2016 H-2B Cap

USCIS advised stakeholders that, effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the FY2016 annual H-2B cap of 66,000 visas, pursuant to the 2016 Consolidated Appropriations Act (Public Law 114-113). H-2B employers are urged to identify “returning workers” when filing petitions.

BIA Says Endangering the Welfare of a Child in New York Is Categorically a Crime of Child Abuse

In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child, is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).