the U.S. Supreme Court denied without comment the DOJ’s request to rehear United States v. Texas once a ninth Supreme Court justice is confirmed.
BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J).
University professors who have clinical duties may be eligible for permanent residence through a PERM labor certification application based on special handling with limited special recruitment; a hybrid PERM using basic recruitment; or a Schedule A, Group II, application.
The Associated Press reports that a 31-year-old U.S. citizen who was born in an Indonesian refugee camp filed a lawsuit in federal court on Tuesday to challenge a newly amended Louisiana law that blocked him from obtaining a marriage license because he couldn’t produce a birth certificate. The law requires any foreign-born person wanting to get married in Louisiana to produce both a birth certificate and an unexpired visa or a passport from their country of birth. The suit alleges that the law violates the plaintiff’s constitutional rights and was intended to discriminate against foreign-born individuals.
After referring Matter of Chairez and Matter of Sama to herself for review of an issue relating to Descamps v. United States, and after inviting amicus briefs addressing the proper approach for determining “divisibility” within the meaning of Descamps, the Attorney General (AG) lifted the stay and remanded the two cases to the BIA for any appropriate action in light of the U.S. Supreme Court’s June 23, 2016, decision in Mathis v. United States.
In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.