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“Has been” interpretation in the Cancellation of Removal

For purposes of INA §240A(a) cancellation, the term “has been” lawfully admitted for permanent residence means that the alien must currently possess LPR status. It does not include a person who held that status but has since lost it.

Petitioner’s entry date in the NTA for purposes of NACARA eligibility

The government did not make a binding judicial admission about Petitioner’s entry date in the NTA for purposes of NACARA eligibility because it disputed the date during an evidentiary hearing and Petitioner never expressly objected.

FY2011 cap-subject H-1B petitions

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 9/10/10, approximately 37,400 H-1B cap-subject petitions were receipted. USCIS has receipted 13,700 H-1B petitions for aliens with advanced degrees.

Extension of validity of Form DS-156E

DOS issued a 30-day comment period on extension of validity of Form DS-156E, which is completed by aliens seeking nonimmigrant treaty trader/investor visas to the US.

Jurisdiction to review the BIA’s credibility determination

The court found that INA §242(a)(2)(B)(ii) and INA §216(c)(4) deprive it of jurisdiction to review the BIA’s credibility determination or its weighing of the evidence found to be credible in a conditional residence waiver case.

More than 9,000 individuals become U.S. citizens as part of Constitution Day and Citizenship Day

USCIS announcement that more than 9,000 individuals will become U.S. citizens as part of Constitution Day and Citizenship Day on 9/17/10. Included is a list of 2010 Citizenship Day ceremonies, including naturalizations at 22 national park sites across the country

Requests comments for a closed federal Homeland Security Advisory Council

DHS requests comments for a closed federal Homeland Security Advisory Council meeting schedule for 10/14/10. Agenda items include Watch List operational improvements.

32 individuals from the Atlanta area were arrested by Fugitive Operations Teams

ICE announcement that 32 individuals from the Atlanta area were arrested by Fugitive Operations Teams (FOT). Those arrested include individuals with prior criminal convictions, prior deportations, or outstanding final orders of deportation issued by an immigration judge.

55 U.S. Military members were naturalized in South Korea

USCIS announcement that 55 noncitizen members of the U.S. military and 17 military spouses were naturalized in South Korea. USCIS has naturalized 196 military members in South Korea, the most since the inception of the overseas naturalization program in 2004.

Extension of validity of Form DS-117

DOS issued a 30-day comment period on extension of validity of Form DS-117, which is used to determine the eligibility of an alien applicant for special immigrant status as a returning resident.