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(AAO) Processing Times as of December 1, 2010

The Administrative Appeals Office (AAO) Processing Times as of December 1, 2010.

Administrative Appeals Office (AAO) updates and procedures

The Administrative Appeals Office (AAO) Liaison provides AAO updates and procedures. Additionally, practice tips on how to submit AAO inquiries and searching for AAO decisions are also provided.

Aggravated Felony of “sexual abuse of a minor”

The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)

USCIS executive stakeholders meeting on Form I-9

USCIS executive summary issued from the 11/02/10 Verification Division stakeholders meeting on Form I-9. USCIS indicated that it will be drafting a Notice of Proposed Rulemaking (NPRM) for the Form I-9 and gave stakeholders an opportunity to comment on the Form I-9 process.

Congressional Research Service (CRS) report on Human Trafficking

A 10/29/10 Congressional Research Service (CRS) report on human trafficking. Topics include the definition of human trafficking, anti-trafficking efforts, relief for victims, and an overview of legislation and policy issues related to human trafficking.

Res Judicata and Waiver Application

The court held that res judicata did not bar the government from lodging new removability charges based on convictions it had not previously raised and that petitioner’s 212(c) waiver did not apply to the instant removal order. (Duhaney v. U.S. Att’y Gen., 8/24/10)

Res Judicata and Waiver Application

The court held that res judicata did not bar the government from lodging new removability charges based on convictions it had not previously raised and that petitioner’s 212(c) waiver did not apply to the instant removal order. (Duhaney v. U.S. Att’y Gen., 8/24/10)

Concern on Counsel’s part to meet multiple court deadlines

The court denied petition for review in asylum case and directed a copy of the opinion to the Wisconsin Office of Lawyer Regulation, finding a lack of evidence of diligent efforts on counsel’s part to meet multiple court deadlines. (Umezurike v. Holder, 7/9/10)

Grant Stay of Voluntary Departure

The court held that under 8 C.F.R. § 1240.26(i), it cannot stay a grant of voluntary departure after a petitioner seeks judicial review because the grant has already terminated. (Patel v. U.S. Att’y Gen., 8/24/10)

Conditional Green Card Holder Eligibility for §212(c) Relief

The court remanded the case for the BIA to clarify whether it considered the date that petitioner was first admitted as a conditional permanent resident in its finding that he was ineligible for §212(c) relief (Gallimore v. U.S. Att’y Gen., 8/16/10)