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BIA Finds Wisconsin Prostitution Statute Is Categorically an Aggravated Felony

The BIA sustained DHS’s appeal and reinstated removal proceedings, after finding that INA §101(a)(43)(K)(i) encompassed offenses related to the operation of a business that involves engaging in, or agreeing to engage in, sexual conduct for anything of value.1:42 AM

USCIS Notice on the Termination of the Designation of Nepal for TPS

Today, USCIS published notice in the Federal Register on the termination of Nepal’s designation for Temporary Protected Status (TPS) on June 24, 2019. TPS holders from Nepal who wish to maintain their status and receive an employment authorization document (EAD) valid through June 24, 2019, must re-register for TPS in accordance with the procedures set forth in the notice.1:40 AM

Court Holds BIA’s Interpretation of Physical Presence Requirement for NACARA Cancellation to Be Reasonable

The Ninth Circuit held that the BIA’s interpretation of the 10-year physical presence requirement for NACARA cancellation of removal for applicants inadmissible on certain criminal grounds as running from the most recent disqualifying conviction was reasonable.1:39 AM

Court Finds BIA Erred in Requiring Asylum Petitioner to Prove Past Persecution and in Recharacterizing Her Social Group

The Fifth Circuit held that the BIA erred both in requiring the asylum petitioner to prove past persecution to establish a claim based on a well-founded fear of future persecution and in recharacterizing the petitioner’s claimed social group.

Trump’s Crackdown on Students Who Overstay Visas Rattles Higher Education

The New York Times reports that effective August 9, 2018, the Trump administration plans to crack down on international students and visitors who overstay their visas, stoking fears in the higher education community that President Trump’s aggressive immigration policies will hinder university efforts to attract the brightest minds from overseas.

Court Holds Individuals Subject to Reinstatement of Removal May Not Apply for Asylum, Even If Changed Circumstances Exist

The Fourth Circuit denied the petition for review, holding that an individual subject to a reinstated order of removal may not apply for asylum, even when the factual basis for the asylum claim did not exist prior to the original removal.1:22 AM

DHS Proposes to Remove the International Entrepreneur Rule

DHS announced that it is proposing a rule to end the International Entrepreneur Parole Program, which allowed certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses. An advance copy of the proposed rule is currently available and comments will be accepted for 30 days after the publication of the proposed rule in the Federal Register on May 29, 2018.
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