• Hours & Info

    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.
  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Court Upholds Finding That Petitioner Falsely Represented Himself as a U.S. Citizen on a Form I-9

The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.
Make AILALink Your Go-To Resource for Immigration Law Research
Subscribe to AILALink to get instant online access to a multitude of AILA publications, including the 14th edition of Kurzban’s Immigration Law Sourcebook, as well as the INA, CFR, case law, immigration forms, and much more. With a comprehensive search function and easy bookmarking and notation features, AILALink allows you to keep your research organized, reliable, and up to date. Flexible subscription options are available. Subscribe today, or sign up for a training to learn how this valuable resource can assist you!
AP: Lawyers Challenge Texas Law on Harboring Immigrants
The Associated Press reports that the Mexican American Legal Defense and Education Fundfiled a federal lawsuit on Monday challenging part of a Texas border security bill that could allow state authorities to target shelters and landlords for harboring undocumented immigrants. The bill, known as HB 11, was signed into law by Texas Governor Greg Abbott last year, and provides that individuals who profit from, encourage, or induce a person to enter or stay in the country illegally “by concealing, harboring, or shielding that person from detection” can be charged with various felony degrees. Jonathan Ryan, AILA member and Executive Director of RAICES, a CARA Project

https://cbocalbos.wordpress.com/tag/form-i-9/

https://cbocalbos.wordpress.com/tag/form-i-9-employment-eligibility-verification-2/

https://cbocalbos.wordpress.com/tag/form-i-912/

https://californiaimmigration.us/directors-of-washington-company-plead-guilty-to-felony-immigration-violations/

DOL Issues Round 10 FAQ on Post-Certification Corporate Restructuring and Definition of “Successor in Interest”

DOL released a Round 10 FAQ on the H-2A 2010 final rule providing guidance on corporate restructuring and “successor in interest” post-certification. Specifically, the FAQ addresses whether, under the H-2A regulations, the successor in interest can still use the certification issued.

https://cbocalbos.wordpress.com/tag/department-of-labor-dol/

https://cbocalbos.wordpress.com/tag/dol/

https://cbocalbos.wordpress.com/tag/million-dollar-investment/

https://californiaimmigration.us/employment/perm/

Circuit Court Upholds Regulation Precluding an Individual Subject to a Reinstated Removal Order from Applying for Asylum

The Ninth Circuit found that 8 CFR §1208.31(e), which prevents a noncitizen who is subject to a reinstated removal order from applying for asylum, is reasonable, and entitled to deference under Chevron. Accordingly, the court affirmed the BIA’s conclusion that it could not consider the petitioner’s application for asylum in light of his reinstated removal order. The court remanded for the BIA to reconsider the petitioner’s applications for withholding of removal and protection under the Convention Against Torture (CAT) in light of intervening circuit precedent inHenriquez-Rivas v. Holder and Madrigal v. Holder.

https://cbocalbos.wordpress.com/tag/asylum/

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

https://cbocalbos.wordpress.com/tag/asylum-application/

https://californiaimmigration.us/political-asylum/refugee-processing/

AAO Grants Motion to Reopen for TPS Applicant Where Notary Falsely Claimed to Be an Attorney

In a nonprecedent decision, the AAO granted the motion to reopen and remanded, finding that the applicant met all of the Lozada requirements, and satisfied his burden of showing that his delay in filing for Temporary Protected Status (TPS) was due to the ineffective assistance of an individual impersonating an attorney.

https://cbocalbos.wordpress.com/tag/tps/

https://cbocalbos.wordpress.com/tag/temporary-protected-status-tps/

https://cbocalbos.wordpress.com/tag/extension-of-tps/

https://californiaimmigration.us/removal/deportation-defense-national-immigration-law-firm/

Matter of Sesay Applicability to Former K-1 Fiancés

Beneficiary who marries a K-1 petitioner within 90 days after admission into the United States, but subsequently divorces, can still adjust status based on the original K-1 marriage, as long as an I-864 was filed by the petitioner, and the beneficiary can prove that the marriage was bona fide. The practice pointer explains when USCIS will accept a signed I-864 from the K-1 petitioner.

https://cbocalbos.wordpress.com/tag/k1/

https://cbocalbos.wordpress.com/tag/8-cfr-%c2%a7245-13k1/

https://cbocalbos.wordpress.com/tag/priority-to-k1-visa/

https://californiaimmigration.us/visas/k-1-fiance/

Court Says Vehicle Theft Under California Law Is Not a CIMT

The Ninth Circuit granted the petition for review of the BIA’s precedent decision in Matter of Almanza-Arenas, which held that a conviction for vehicle theft under California Vehicle Code §10851(a) constitutes a crime involving moral turpitude (CIMT). The court remanded to the BIA, holding that, because the least of the acts criminalized under §10851(a) is a temporary taking, the statute is overbroad and thus not categorically a CIMT. The court also found that §10851(a) is an indivisible statute under Descamps v. United States.

https://cbocalbos.wordpress.com/tag/vehicle-theft/

https://cbocalbos.wordpress.com/tag/cmt/

https://cbocalbos.wordpress.com/tag/crime-of-moral-turpitude/

https://californiaimmigration.us/can-i-be-deported-for-this-crime/

DHS Announces Final Rule Impacting Highly Skilled Workers

Today, DHS published in the Federal Register the final rule entitled “Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants,” which becomes effective on February 16, 2016. This DHS announcement outlines the changes the rule makes to DHS regulations affecting highly skilled nonimmigrant workers for specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3); EB-1 immigrant outstanding professors and researchers; and nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification.

https://cbocalbos.wordpress.com/tag/highly-skilled-workers/

https://cbocalbos.wordpress.com/tag/skilled-worker/

https://cbocalbos.wordpress.com/tag/skilled-workers/

https://californiaimmigration.us/president-obamas-immigration-reform-requirements-extends-visa-processing-employment-based-visas/

Court Limits Attorney General’s Discretion to Use Mandatory Detention Provision

An equally divided en banc First Circuit affirmed the U.S. District Court for the District of Massachusetts, holding that the bar to bonded release found in the detention mandate in INA §236(c) applies only to those specified criminal undocumented immigrants whom the Attorney General took into custody when they were released from criminal custody. The court concluded that the two petitioners were not taken into immigration custody when they were released from criminal custody, because they had been released from criminal custody years before their immigration custody began. As a result, the court found that the detention mandate did not bar either petitioner from seeking release on bond pursuant to the Attorney General’s discretionary release authority.

https://cbocalbos.wordpress.com/tag/detention/

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

https://cbocalbos.wordpress.com/tag/detention-facility/

https://californiaimmigration.us/immigration-reform-usa-2014-news-brings-the-new-dapa/

USCIS Hits U Visa Cap for Seventh Straight Fiscal Year

USCIS approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status for FY2016. This marks the seventh straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2009. For eligible petitioners who cannot be granted a U-1 visa solely because of the cap, USCIS will send a letter notifying them that they are on a waiting list. USCIS will resume issuing U visas on October 1, 2016.

DOL Releases Emergency H-2B Guidance on Implementing the 2016 DOL Appropriations Act

The 2016 Consolidated Appropriations Act (Public Law 114-113), signed into law on December 18, 2015, contains several provisions in Division H, Title I impacting the Office of Foreign Labor Certification’s (OFLC) administration of the H-2B temporary nonagricultural visa program.

https://cbocalbos.wordpress.com/tag/h-2b/

https://cbocalbos.wordpress.com/tag/h-2b-countries/

https://cbocalbos.wordpress.com/tag/h-2b-list/

https://californiaimmigration.us/visa-applications-h-1b-and-h-2b-specialty-and-temporary-employment-face-a-new-i129-form/