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7th Circ. denies Texas’ bid to revive public charge rule

Seventh Circuit denied an attempt by 14 states led by Texas to revive the Trump administration’s public charge policy, which penalizes immigrants for using certain public benefits, after the Biden administration decided not to defend it. The appellate court did not provide a reason for its decision, which followed an announcement from DHS that it would no longer support the rule in courts around the country. The policy had faced lawsuits and been temporarily barred by multiple courts while it was being litigated. The Ninth Circuit has yet to rule on the Arizona-led coalition’s motion to intervene on the same issue. Arizona has said in court filings that it plans to bring the policy to the Supreme Court.

https://cbocalbos.wordpress.com/tag/lawsuit-against-new-public-charge-rule/

https://cbocalbos.wordpress.com/tag/another-case-on-yet-the-public-charge-rule/

https://californiaimmigration.us/end-to-trump-administrations-public-charge-wealth-test/

https://cbocalbos.wordpress.com/tag/new-public-charge-rule/

Court Finds DHS’s Failure to Include Date and Time in NTA Was Not a Jurisdictional Flaw

The Seventh Circuit held that DHS’s failure to include the time and date of the petitioner’s hearing in the Notice to Appear (NTA) was a failure to follow a claim-processing rule, not a jurisdictional flaw, and that the petitioner did not timely object to DHS’s misstep.

Court Grants Asylum to Mexican Man Persecuted After Refusing to Allow Cartel Leader to “Possess” His Wife

The Seventh Circuit granted the petition for review and remanded, finding that the record compelled a finding that the torture and persecution that the petitioner had suffered in the past at the hands of a Mexican drug cartel and feared in the future were and would be because of his membership in the particular social group of his wife’s family, and thus that he had demonstrated statutory eligibility for asylum in the United States.

Ruling against Government for trying not to comply with a FOIA request

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

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