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Sign-On Letter to Secretary Napolitano Expressing Concerns on Prosecutorial Discretion

On 2/9/12, AILA joined immigrants’ rights organizations in requesting that DHS Secretary Napolitano make changes to implement an effective and fair prosecutorial discretion policy.

https://www.uscis.gov/

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CA2 on False Claims of Citizenship on Form I-9

The court found the petitioner, who argued he had intended to claim nationality, not citizenship, when he checked a box marked “citizen or national” on a Form I-9, failed to meet his burden of proving he did not falsely claim citizenship.

USCIS Hosts Entrepreneurs in Residence Information Summit

USCIS press release on Director Alejandro Mayorkas hosting an Information Summit to launch the USCIS Entrepreneurs in Residence (EIR) Initiative seeking to realize the full potential of immigration law to foster entrepreneurship and bolster American prosperity.

https://www.uscis.gov/

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AILA Files Amicus Brief on Social Visibility/Particularity Inquiries in Asylum Cases

AILA amicus brief filed in the Ninth Circuit Court of Appeals on the meaning of “particular social group” for asylum purposes, arguing that the “social visibility” or “particularity” should not constitute part of the social group inquiry.

USCIS Statement on EB-5 Tenant Occupancy Methodology

USCIS statement on stakeholder questions about the adjudication of petitions that for purposes of the job creation requirement have utilized what has been commonly termed a “tenant-occupancy” methodology.

Supreme Court Finds Federal Tax Offenses Qualify as Aggravated Felonies

The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i).

AAO Grants 212(i) Waiver to Brazilian Spouse of USC

In an unpublished 2/6/12 decision, the AAO granted a 212(i) waiver. The AAO found that the applicant’s U.S. citizen spouse would face emotional, psychological, and financial hardships upon separation from the applicant.

CA9 Finds California Conviction for Making Threats “With Intent to Terrorize” to be CIMT

The court held that a conviction for making threats “with intent to terrorize” in violation of California Penal Code § 422 is a crime involving moral turpitude.

DOL Announces Final Rule on Non-Agricultural Employment of H-2B Aliens

DOL final rule, to be published in the Federal Register on 2/21/12, amends the regulations governing the certification of H-2B temporary or seasonal workers, and the enforcement of the obligations applicable to employers of such nonimmigrant workers.

CIS Ombudsman Update on Federal Change of Address Procedures

A July 2011 CIS Ombudsman update provides information and additional resources on the USCIS, DOS, EOIR, and BIA procedures, filing locations, and timeframes for submitting a change of address.

https://www.uscis.gov/

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