The First Circuit denied the petition for review, holding that the BIA’s decision to affirm the IJ’s denial of asylum to the petitioner, who argued that she had a well-founded fear of future persecution due to her prior attendance at an underground Christian church in China, was supported by substantial evidence.
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The Fifth Circuit granted the petition for review, holding that the 90-day deadline for filing motions to reopen can be equitably tolled, and remanding for the BIA to determine if equitable tolling was appropriate in the petitioner’s case. The court urged the BIA not to apply the equitable tolling test “too harshly,” noting the difficulties faced by immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”
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https://californiaimmigration.us/motion-to-reopen-granted-for-religious-person/
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The Sixth Circuit granted the petition for review, concluding that the U.S. Supreme Court’s decision in Johnson v. United States, which held that the Armed Career Criminal Act’s residual definition of “violent felony” was void for vagueness, applied to the INA’s parallel definition of “crime of violence.” The court thus held that INA §101(a)(43)(F)’s residual definition of “crime of violence” was unconstitutionally vague.
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https://californiaimmigration.us/i-did-not-use-a-marriage-broker/
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The DOJ filed a petition for rehearing with the U.S. Supreme Court in United States v. Texas, asking the Court to rehear the case when a ninth Supreme Court justice is confirmed. Last month, the Court deadlocked with a 4-4 tie in the case, which concerns President Obama’s expanded DACA and DAPA programs.
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The Fifth Circuit remanded the petition to the Board of Immigration Appeals to determine if equitable tolling is appropriate in Mr. Lugo-Resendez’ case. Importantly, the Court instructed the Board not to apply the test “too harshly,” noting the difficulties faced by deported immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”
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https://californiaimmigration.us/motion-to-reopen-granted-2/
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Beginning on May 11, 2016, USCIS will use a new process to send electronic approval information for H-2A petitions to DOS by the end of the next business day, in place of a Form I-797 approval notice. Consular posts can then process an H-2A nonimmigrant visa application and conduct any required interview. Coinciding with the launch of USCIS/DOS e-Approval
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In a notice published today in the Federal Register, USCIS announced the implementation of the Filipino World War II Veterans Parole (FWVP) policy, which was announced in a July 2015 White House report on modernizing and streamlining the immigration system. Starting on June 8, 2016, USCIS will allow certain Filipino World War II veteran family members who are beneficiaries of approved family-based immigrant visa petitions to apply for a discretionary grant of parole to come to the United States and wait for their immigrant visa to become available. USCIS will review each case individually to determine whether authorizing parole is appropriate.
Parole in place – military inventors
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(1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the Act or any other Federal or State law, and where United States citizenship actually affects or matters to the purpose or benefit sought.
(2) There is a distinction between achieving a “purpose” and obtaining a “benefit” under section 212(a)(6)(C)(ii)(I) of the Act.
(3) Avoiding removal proceedings qualifies as a “purpose” within the meaning of section 212(a)(6)(C)(ii)(I) of the Act.
Victime of crime? Try for the U visa
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 