Earlier this month, a federal judge in North Carolina ruled that USCIS erred in denying an H-1B petition based on its finding that an engineering position did not qualify as a specialty occupation because it did not require a degree in a specific subspecialty.
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The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice management resources to assist members with firm continuity, remote working, and more. AILA’s CBP Liaison Committee issued a practice alert about the closing of the northern and southern borders. AILA requested that USCIS provide additional accommodations to facilitate filings during the COVID-19 national emergency.
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In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time.
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In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated ports of entry.
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On Friday, a few hours after the Ninth Circuit affirmed a preliminary injunction enjoining implementation of the Migrant Protection Protocols, the three-judge panel voted unanimously to suspend its own order and granted an emergency request for an immediate stay of its earlier decision pending disposition of a petition for certiorari before the Supreme Court.
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On Monday, the Supreme Court heard arguments on whether asylum seekers may seek judicial review after their claims are denied in summary proceedings. During oral argument, the court seemed split on whether some amount of judicial review was appropriate. This is all in light of expedited removal proceedings, where many asylum seekers are initially denied without having ever seen an immigration judge.
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The court held that the U.S. Supreme Court’s decision in Pereira v. Sessions abrogated the Third Circuit’s decision in Orozco-Velasquez v. Attorney General, and thus found that, for purposes of the stop-time rule, a deficient Notice to Appear (NTA) that omits the time and date of appearance may not be cured with a later Notice of Hearing that provides the missing information.
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U.S. District Judge David C. Bury found that the conditions in CBP holding cells in the Tucson Sector violate the U.S. Constitution and ordered that CBP can no longer hold individuals for over 48 hours without providing a bed, blanket, shower, meals that meet acceptable dietary standards, and a medical assessment
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n December, an ICE request to delete records was granted. The request to delete records, which was filed in 2015 under the Obama administration, would include documents relating to detainee deaths, sexual assaults, and abuse allegations while in ICE custody. On Tuesday, the ACLU filed a FOIA request to get access to the documents before they are deleted. The ACLU has argued that these documents should be protected in order to keep ICE accountable in the future
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19-year old Kevin Euceda came to the U.S. and applied for asylum 3 years ago. While he was detained for nearly 3 years, he was ordered to attend mandatory therapy sessions. During the confidential therapy sessions, he told the therapist about his history of physical abuse, neglect, and former gang affiliation in Honduras. In court, ICE used these confidential therapy notes against him; Kevin’s case is currently under appeal. Other asylum seekers’ therapy notes have been used against them as well. The information sharing is technically legal, but psychologists say the policy breaks important doctor-patient confidentiality.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 