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BIA Finds that a Subsequent Notice of Hearing “Perfects” a Deficient NTA and Triggers “Stop-Time” Rule

In a split en banc decision, the BIA held that where a notice to appear does not specify the time and place of an individual’s initial removal hearing, the subsequent service of a notice of hearing containing that information “perfects” the deficient notice to appear and triggers the “stop-time” rule. The BIA thus remanded to the immigration judge to consider whether the individuals have met their burden to demonstrate 10 years of continuous physical presence in the United States measured backward from service of the notices of hearing.

Ten Transgender Women Seeking Asylum Just Won Their Immigration Cases After Months of Violence and Discrimination

CBS reports that 10 transgender women who were part of a roughly 80-member group of LGBTQ+ migrants from Central America recently won their asylum cases and were released from a detention center in Texas.

Lawsuit Challenges Legality of USCIS Unlawful Presence Policy for Fs, Js, and Ms

A district court judge for the Middle District of North Carolina issued a nationwide preliminary injunction, effective immediately, enjoining USCIS’s memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” originally issued on May 10, 2018, and updated on August 9, 2018, that went into effect on August 9, 2018, until further order of the court. The memo penalized international students for overstaying or violating the terms of their visas, even accidently.

Court Finds Honduran Boy Should Have Been Advised of Apparent Eligibility for SIJ Status

The Ninth Circuit granted the petition for review and remanded, concluding that the immigration judge erred by failing to advise the 14-year-old petitioner, who had received death threats from a gang in Honduras and had not had any contact with his father for many years, that he was an at-risk child potentially eligible for relief as a Special Immigrant Juvenile (SIJ).

USCIS Notice on Continuation of Documentation for Beneficiaries of TPS Designations for Nepal and Honduras

USCIS published a notice that DHS will not terminate Temporary Protected Status (TPS) for Honduras or Nepal pending final disposition of the appeal in Ramos v. Nielsen. The notice further announces that DHS is extending the validity of TPS-related documentation for Nepalese TPS beneficiaries through March 24, 2020. The TPS designation for Honduras remains in effect through January 5, 2020.

Trump Officials Discussed Deporting Families

The Associated Press reports that DHS officials considered arresting thousands of migrant families who had final deportation orders and removing them from the United States in a flashy show of force. The proposal was intended to deter other migrants but was put aside at the time because of concerns about diverting resources from the border, a lack of detention space, and the possibility of renewed public outrage over treatment of families.

Bipartisan Group of 36 Senators Calls USCIS to Account for Crisis-Level Processing Delays

Led by Senators Thom Tillis (R-NC) and Richard Blumenthal (D-CT), 36 senators sent two letters to the administration, calling it to account for the crisis-level case processing delays at USCIS.

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