The Seventh Circuit held the BIA abused its discretion in denying the continuance pending adjudication of the Form I-130, as a continuance was needed due to USCIS’s carelessness in losing supporting materials about the potential fraudulent nature of the petitioner’s second marriage.
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http://ow.ly/ArKOn Reuters reports that as a result of Congress’s failure to pass a bill to address the humanitarian crisis at the border, DHS will transfer $405 million from other programs to deal with the crisis. The bulk of the transfer, about $270 million, will come from FEMA’s disaster relief fund. An additional $30 million will come from the Coast Guard, and CBP will move $70.5 million from other activities.
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The Seventh Circuit remanded for the BIA to determine whether the petitioner took “substantial steps” to acquire permanent status within one year of his eligibility, as required under INA §203(h)(1)(A) prior to the BIA’s 2012 decision in Matter of O. Vasquez. The court found that retroactive application of the O. Vasquez rule, which requires the individual to have actually filed an adjustment application instead of taking “substantial steps” to file, was manifestly unjust in this case.
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http://www.californiaimmigration.us
The DHS Office of Inspector General (OIG) issued the first of a series of monthly reports on detention conditions for unaccompanied alien children (UAC) in DHS custody. The first memorandum details 87 unannounced site visits conducted from July 1-16, 2014, at 63 detention centers along the U.S. southern border. The memorandum includes a facility observation checklist, a summary of findings, and suggestions for improving DHS compliance with current policies.
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As of August 1, 2014, USCIS receipted 26,345 beneficiaries toward the 33,000 H-2B cap for the second half of FY2014. This count includes 25,210 approved and 1,135 pending beneficiaries. Information on the first half of FY2015 is also available.
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http://www.californiaimmigration.us The Washington Post reports that President Obama is preparing to announce new measures that would potentially allow millions of undocumented immigrants to remain in the U.S. without fear of deportation.
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http://ow.ly/zU4K5 According to documents obtained at the family immigration detention facility in Artesia, New Mexico, the U.S. government is refusing to release on bond Central American mothers and children who have fled violence in their home countries, or is setting bond so prohibitively high as to be meaningless.
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http://ow.ly/zU4ix DOS provided an update regarding the ongoing technical issues with its passport and visa system. DOS anticipates that it will take weeks to resume full visa processing capacity. DOS provided statistics on how the backlog has impacted visa production, stating that “we issued more than 220,000 nonimmigrant visas globally. Based on our average production figures, we would have anticipated issuing closer to 425,000 nonimmigrant visas in that time period, indicating we have been able to print nonimmigrant visas for about half of all approved travelers.” DOS will continue to prioritize immigrant visas, adoption cases, and emergency nonimmigrant visa cases and believes it has been able to print visas for these cases with very few delays.
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http://ow.ly/zU47d The Seventh Circuit applied Chevron deference and upheld the BIA’s decision in Matter of Camarillo that a Notice to Appear (NTA) that does not specify a particular time and date for an initial hearing suffices to trigger the stop-time rule under INA §240A(d)(1).
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http://ow.ly/zU406 The First Circuit denied the application for CAT relief, upholding the adverse credibility finding due to inconsistencies in the Petitioner’s submissions and testimony.
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 