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Senate Reaches Agreement on Trafficking Bill

The Senate agreed on Tuesday not to include five proposed immigration amendments in a bill to combat human trafficking. These amendments would have restricted constitutional birthright citizenship, eliminated protections for unaccompanied children, and granted DHS broad power to detain noncitizens for prolonged periods.

No Summer Immigration Surge, Officials Say

The Associated Press reports that top ICE officials expect there to be far fewer migrant children and families crossing the border on their own this summer than there were during last year’s influx.

HS Provides Pocket-Size Instruction Card on Prosecutorial Discretion to Enforcement Officers

DHS issued an instruction card for enforcement personnel to carry that provides guidance and brief instruction on the DHS enforcement priorities articulated in the November 20, 2014, memo on prosecutorial discretion. ICE Director Sarah Saldaña presented the card to the House Judiciary Committee at an oversight hearing last week.

Thousands of DACA Recipients Are Losing Their Work Permits

Thousands of DACA recipients are suddenly losing their ability to work legally, because USCIS is struggling to renew their employment authorization documents on time. Over 11,000 young immigrants, roughly 5% of the total number of DACA renewals that USCIS has approved so far, have had their DACA status and work permits expire in spite of having applied on time.

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https://californiaimmigration.us/evidence-need-order-prove-various-requirements-physical-presence-daca/

Court Defers to BIA’s Interpretation of Good Moral Character Requirements

The Fifth Circuit held that the BIA did not err in concluding that a petitioner cannot establish good moral character if he has been incarcerated for 180 days or more, regardless of the nature of the underlying crime of conviction. The court also upheld the BIA’s interpretation that INA §240A(b)(1) requires the petitioner to establish good moral character during the 10 years immediately preceding the final administrative decision of the IJ or BIA on the petitioner’s application, as opposed to the 10 years preceding service of the NTA.

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https://californiaimmigration.us/eoir-rescinds-policy-memo-on-case-processing-at-the-bia/

Court Reverses Denial of CAT Relief Based on Internal Relocation Regulations

The Ninth Circuit issued an en banc decision that overruled previous decisions to the extent that they conflicted with the plain text reading of the regulations governing internal relocation and deferral of removal under CAT. The court held that neither the petitioner nor the government bears the burden of proof as to internal relocation; rather, such evidence, if relevant, must be considered in assessing whether it is more likely than not that the petitioner would be tortured if removed.

Washington Post: Little-Known Immigration Program Seeks to Reunite Central American Families Residing in the U.S.

The Washington Post reports on the Central American Minors Refugee/Parole Program, a new but little-known program that allows Central American immigrants who reside legally in the United States to bring family members to the country. The article states that the new policy applies to children from Honduras, Guatemala, and El Salvador who face harm from violence and other dangers. Admission is also possible for spouses and grandchildren of immigrants in some cases.

Court Grants Petition for Review for Ineffective Assistance of Counsel Claim

The Seventh Circuit remanded, holding that the BIA abused its discretion by ignoring a potentially meritorious argument when deciding on the motion to reopen, and that the BIA should determine if the petitioner’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the Immigration Judge.

USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.

H-2B petition

H-2B Cap

The H-2B application

H-2B temporary worker

USCIS Reaches H-2B Cap for FY2015

USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.