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Court Upholds BIA Denial to Certify Ineffective Assistance of Counsel Claim Because It Is Not Subject to Judicial Review

In a case of first impression, the Ninth Circuit held ineffective assistance certifications are committed to agency discretion by the plain language of 8 CFR §1003.1(c), which contains no standard or meaningful guidance sufficient for judicial review.

HHS OIG Issues Report on Separated Children Placed in ORR Care

The Department of Health and Human Services’ (HHS) Office of Inspector General (OIG) issued a report that found the total number of children separated from a parent or guardian by immigration authorities is unknown. Pursuant to a June 2018 district court order, HHS has thus far identified 2,737 children in the Office of Refugee Resettlement’s (ORR) care who were separated from their parents, but thousands of children may have been separated during an influx that began in 2017, before the accounting required by the court.

Trump Administration Weighed Targeting Migrant Families, Speeding Up Deportation of Children

NBC reports it obtained a draft plan that shows officials wanted to specifically target parents in migrant families for increased prosecutions, contradicting previous statements from the administration claiming it had no policy of separating families but was simply enforcing the law. The copy of the draft plan obtained by NBC also includes comments showing that officials considered speeding up migrant children’s deportations by denying them asylum hearings after separating them from their parents.

The Philippines removed from the H-2B List

Changes are:
Ethiopia and the Philippines were removed from the H-2A and H-2B eligibility lists.
The Dominican Republic was removed from the H-2B eligibility list.
Mozambique and Samoa were added to the H-2A and H-2B eligibility lists.
Paraguay was added to the H-2A eligibility list.

DHS Publishes Notice of Eligible H‑2A and H‑2B Countries for 2019

DHS published notice in the Federal Register of the 84 countries whose nationals are eligible to participate in the H‑2A program and the 81 countries whose nationals are eligible to participate in the H‑2B program for the coming year. The designations in the notice are effective from January 19, 2019, and shall be without effect after January 18, 2020.

DHS Publishes Notice of Eligible H‑2A and H‑2B Countries for 2019

DHS published notice in the Federal Register of the 84 countries whose nationals are eligible to participate in the H‑2A program and the 81 countries whose nationals are eligible to participate in the H‑2B program for the coming year. The designations in the notice are effective from January 19, 2019, and shall be without effect after January 18, 2020.

Court Grants Review of BIA Denial of Cancellation, Holds Findings Were Not Supported by Record and BIA Failed to Apply Appropriate Standard of Review

he Sixth Circuit determined the BIA erred in finding new evidence was previously available and that the BIA failed to consider hardship ground raised in the Motion to Reopen, instead offering a cursory analysis that didn’t allow for meaningful review. The court remanded the case to properly apply the law. The court also addressed petitioner’s argument that no jurisdiction was vested in the immigration judge, BIA, or court because the Notice to Appear failed to state the time and place of the hearing, holding that jurisdiction was vested and distinguishing the stop-time rule in Pereira.

DHS Releases Information on Returning Certain Foreign Nationals to Mexico During Immigration Proceedings

DHS released information about the Migrant Protection Protocols it has begun implementing at the U.S.-Mexico border, whereby certain foreign nationals entering from Mexico may be returned to wait outside the United States for the duration of their immigration proceedings

USCIS to Resume Premium Processing for FY2019 H-1B Cap Petitions on Monday

USCIS announced that it will resume premium processing on Monday, January 28, 2019, for all FY2019 H‑1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in effect for all other categories of H‑1B petitions to which it applied.

Court Remands to BIA to Apply Correct Standard of Review on Good-Faith Marriage Question

The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.