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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.

Senate and House Democrats Request Investigation of Illegal Hiring Allegations at DOJ

Top Senate and House Democrats sent a letter to DOJ’s Inspector General, requesting an investigation into allegations that DOJ has targeted candidates and delayed job offers for immigration judge (IJ) and BIA positions based on the candidates’ perceived political or ideological views. 

Companies File Motion for a Temporary Restraining Order Challenging USCIS Policy Memo on Third-Party Worksites

Plaintiff companies filed a motion in a New Jersey district court for a temporary restraining order and preliminary injunction challenging USCIS’s policy memo on contracts and ititeraries requirements for H-1B petitions involving third party worksites and the special eligibility requirements for job contractors participating as employers in the H-1B program.

DACA Recipients File Motion to Intervene in Texas’ Lawsuit Challenging DACA Program

A group of DACA recipients filed a motion to intervene in a lawsuit challenging the DACA program that was filed by Texas and six other states earlier this month, arguing that their interests are not represented in the case, given the plaintiff states and the defendant, the federal government, all oppose the DACA program. 

Court Upholds Denial of Asylum to Petitioner Who Supported Gay Rights in Cameroon

The Eleventh Circuit denied the petition for review, holding that substantial evidence supported the BIA’s findings that the petitioner, who sought asylum based on claimed persecution due to his support of gay rights in Cameroon, did not experience past persecution and did not have a well-founded fear of future persecution.

Jeff Sessions Is Exerting Unprecedented Control Over Immigration Courts — By Ruling on Cases Himself

On three BIA decisions that the Attorney General has referred to himself for review, as well as a proposal in DOJ’s spring 2018 regulatory agenda that could widen the Attorney General’s power over the immigration court system

USCIS Policy Memo on Accrual of Unlawful Presence and F, J, and M Nonimmigrants

USCIS Policy Memo on Accrual of Unlawful Presence and F, J, and M Nonimmigrants 

So it would seem that F and J status people out of status may start accruing unlawful presence.

Attorney General Announces Zero-Tolerance Policy for Criminal Illegal Entry

DOJ announced that Attorney General Jeff Sessions notified all U.S. Attorney’s Offices along the southwest border of a new “zero-tolerance policy” for offenses under 8 U.S.C. §1325(a), which prohibits both attempted illegal entry and illegal entry into the United States by an individual. Sessions further directed the U.S. Attorney’s Offices to prosecute all DHS referrals for §1325(a) violations to the extent practicable.

Presidential Proclamation Removes Travel Ban Restrictions on Chad

Yesterday, President Trump announced that effective April 13, 2018, Chad is no longer subject to the restrictions and limitations of Presidential Proclamation 9645, commonly known as Travel Ban 3.0. DOS and DHS also issued statements about the president’s decision.

SPLC Sues Over Lack of Access to Counsel in Immigration Detention Centers

The Southern Poverty Law Center (SPLC) filed a lawsuit last week in federal district court challenging immigration detainees’ lack of access to counsel in the LaSalle, Irwin, and Stewart detention centers.