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CBP Issues Updated Statement on Canada’s Legalization of Marijuana and Crossing the Border

CBP released an updated statement regarding Canada’s legalization of marijuana. According to the updated statement, Canadian citizens who work in the legal marijuana industry in Canada and whose travel to the United States is unrelated to the marijuana industry “will generally be admissible,” but individuals whose travel to the United States is found to be for a reason related to the marijuana industry “may be deemed inadmissible.”

USCIS Issues Policy Alert on Marriage and Living in Marital Union Requirements for Naturalization

USCIS is updating policy guidance in its Policy Manual to clarify the married and living in marital union requirements for naturalization under INA §319(a). The updated guidance is effective immediately, is controlling, and supersedes any prior guidance on this matter.

DHS to Increase Premium Processing Fee As of October 1

DHS published a final rule in today’s Federal Register increasing the premium processing filing fee by 14.92 percent, changing it from $1,225 to $1,410. The rule is effective October 1, 2018, and applications postmarked on or after that date must include the new fee.

Judge Denies Preliminary Injunction, Preserving DACA for Now

On Friday, August 31, 2018, a district court judge in Texas declined to issue a preliminary injunction halting DACA.

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.

USCIS’s can now issue denials without an RFE under certain circumstances

USCIS’s new guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018.
Another hit on due process. However, going to court is always an option.

Attorney General Sessions continues to take away due process of Immigrants

Matter of L‑A‑B‑R‑, which outlined when immigration judges (IJs) may grant continuances; Matter of Castro‑Tum, which limited IJs authority toadministratively close a case; and Matter of A‑B‑, which narrowed the criteria for demonstrating membership in a particular social group.

Sessions is trying to turn the Immigration Courts into puppet institutions that just deport people without regard to real representation.
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