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New Travel Ban issued

On September 24, 2017, President Trump issued a presidential proclamation establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen.

If you are in this, check with an Immigration Lawyer for your options

Court Finds BIA Erred in Denying Chinese Christian Petitioner’s Motion to Reopen Based on Changed Country Conditions

The Tenth Circuit granted the petition for review and remanded, holding that a significant increase in the level of persecution constitutes a material change in country conditions for purposes of INA §240(c)(7)(C). The court found that the BIA abused its discretion by denying on factually erroneous, legally frivolous, and logically unsound grounds the petitioner’s motion to reopen based on the significantly increased persecution of Christians in China in 2014 and 2015.

H-1B’s to open up in April

You should start thinking about preparing and getting ready the H-1B you might qualify for in order to try to be in this years allotment of H-1B’s.

ICE Not Following Its Own Rules on Releasing Pregnant People

There are indications that ICE has revoked a policy issued in August 2016 recommending that pregnant people “generally not be detained” and is currently detaining pregnant people “at the rate of one per day.” Cases of pregnant women being detained by ICE have been detailed in an administrative complaint filed with DHS on behalf of these women.

Extreme Vetting Policies

Touting national security concerns, President Trump has been swiftly implementing burdensome, ineffective, and unnecessary policies through executive actions and memoranda, including implementing several travel bans on Muslim-majority countries and refugees, and now requiring USCIS to conduct in-person interviews for people who have already been thoroughly vetted. Federal agencies like DHS and DOS are not being transparent about how these immigration policies are being developed and administered, leaving individuals and businesses in the dark about how they will be impacted

Court reverses Asylum Denial

Court Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The Fourth Circuit granted the petition for review and remanded, holding that, in affirming the IJ’s clearly erroneous factual finding that ignored critical evidence in the record, the BIA abused its discretion. The court found that the Salvadoran petitioner’s familial relationship to her father was “at least one central reason” that the MS-13 gang targeted and threatened the petitioner.

English Translations

You must remember to certify all translations in accordance with immigration law or it will be rejected.

The SUCCEED Act

The new act is proposed to legislate the DREAM ACT in order to give the 800,000 young people a way to legally stay in the U.S. Call your congressional representative to vote ‘Yes’ on it

Latest Travel Ban Will Weaken, Not Strengthen, America

On September 24, 2017, President Trump issued a presidential proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Restrictions vary between countries; DOS has provided information and a chart on the various levels of travel restrictions for nationals of the eight countries.

Closing an Immigration Case

Matter of W-Y-U-, 27 I&N Dec. 17 (BIA 2017)
(1) The primary consideration for an Immigration Judge in evaluating whether to administratively close or recalendar proceedings is whether the party opposing administrative closure has provided a persuasive reason for the case to proceed and be resolved on the merits. Matter of Avetisyan, 25 I&N Dec. 688 (BIA 2012), clarified.
(2) In considering administrative closure, an Immigration Judge cannot review whether an alien falls within the enforcement priorities of the Department of Homeland Security, which has exclusive jurisdiction over matters of prosecutorial discretion.

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