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Acting AG Sets New Briefing Schedule for Matter of L‑E‑A‑ and Matter of Castillo-Perez

Acting Attorney General Matthew Whitaker announced a new briefing schedule for Matter of L‑E‑A‑, a decision he previously referred to himself for review of whether, and under what circumstances, an individual may establish persecution on account of membership in a “particular social group” based on membership in a family unit. He also announced a new briefing schedule for Matter of Castillo-Perez, a decision he previously referred to himself for review of issues related to eligibility for cancellation of removal and the impact of multiple convictions for driving while intoxicated when determining whether an individual lacks “good moral character.” In both cases, briefs of amici are now due on or before February 25, 2019.

Civil Liberties Groups Ask Congress to Refuse Border Tech Funding in Any Shutdown Deal

The Hill reports that a coalition of civil liberties and immigration groups have raised concerns with congressional leadership about border technologies proposed as part of the bipartisan and bicameral negotiations to reach a border deal by February 15 to avoid another shutdown. According to the groups, surveillance drones, license plate readers, and DNA testing could raise serious privacy concerns for those crossing the border and living in border cities, while “risk-based targeting” and biometrics technologies could result in racial profiling and harm vulnerable communities.

Civil Liberties Groups Ask Congress to Refuse Border Tech Funding in Any Shutdown Deal

The Hill reports that a coalition of civil liberties and immigration groups have raised concerns with congressional leadership about border technologies proposed as part of the bipartisan and bicameral negotiations to reach a border deal by February 15 to avoid another shutdown. According to the groups, surveillance drones, license plate readers, and DNA testing could raise serious privacy concerns for those crossing the border and living in border cities, while “risk-based targeting” and biometrics technologies could result in racial profiling and harm vulnerable communities.

Court Denies Petition for Review, Citing Bermudez-Cota

The Ninth Circuit denied the petition for review of the BIA’s denial of relief from removal after the petitioner argued that in light of Pereira v. Sessions, a Notice to Appear (NTA) lacking the time and date of the hearing was insufficient to vest jurisdiction with the immigration court. Citing Matter of Bermudez-Cota, the court held that even when an NTA doesn’t specify the time and date of an individual’s initial removal hearing, as long as a notice of hearing specifying this information is later sent to the individual in a timely manner, the immigration court has jurisdiction over the individual’s removal proceedings.

House Oversight Committee Chairman Wants Answers on Legal Immigration Backlog

NBC reports that Representative Elijah Cummings (D-MD), Chairman of the House Oversight Committee, sent a letter to CIS Ombudsman Julie Kirchner about “troubling reports” he had received that “raise significant questions” about whether she has “sufficient commitment” to the agency’s mission.

“Migrant Protection Protocols”: Legal Issues Related to DHS’s Plan to Require Arriving Asylum Seekers to Wait in Mexico

The Congressional Research Service issued a report about DHS’s Migrant Protection Protocols, commonly known as the Remain in Mexico Policy, that discusses the rollout of the policy and provides analysis related to expedited removal, statutory authority for the policy, and other legal issues.

What’s the Current Status of TN Visas?

NAFTA was renegotiated and the United States-Mexico-Canada Agreement (USMCA) is coming into full force. What does this mean for TN visas?

“If the Police Aren’t Safe Here, What About Us?” Asylum Seekers Fear “Remain in Mexico” Policy

Texas Monthly reports on the initial implementation of the Trump administration’s Remain in Mexico policy, as well as the dangers that individuals seeking asylum in the United States face while they are in Mexico. If fully enforced, the new policy could result in tens of thousands of migrants waiting in Mexican border cities for their cases to be heard in U.S. courts. The Hill reports that the Congressional Hispanic Caucus sent a letter to DHS demanding information about how this new policy is being implemented.

USCIS Begins Accepting Copies of Negative P Visa Consultations Directly from Labor Unions

USCIS announced that effective immediately, it will begin accepting copies of negative consultation letters relating to current or future P nonimmigrant visa petitions directly from labor unions. This announcement follows a similar announcement made in September 2018 that USCIS would begin accepting copies of negative consultation letters relating to current or future O nonimmigrant visa petitions directly from labor unions.

USCIS Issues Guidance on Policies and Procedures for Secure Identity Documents

Procedures related to secure identity documents issued by the agency, including how the agency delivers and tracks these documents and how requestors should request a replacement or reissuance of one. The guidance is effective today, is controlling, and supersedes any prior guidance on this matter. Comments are due by January 30, 2019.