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Ninth Circuit Defends Asylum in Two Rulings

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.

Trump’s New Attorney General Launches Fresh Changes to Immigration Courts

The San Francisco Chronicle reports DOJ plans to issue rule changes that would make it easier for a handful of appellate immigration judges to declare their rulings binding on the entire immigration system. The changes could also expand the use of single-judge, cursory decisions at the appellate level.

Another Win for Our Law Office on Writ of Mandate

Our client’s date of birth was incorrect on her naturalization certificate and for years she unsuccessfully tried to correct this error with Immigration, including various appeals.  When our office was retained, we filed a lawsuit against Immigration in federal court to force them to amend our client’s naturalization certificate.  Within months of filing, our client received her correct certificate.

Court Rules that M‑E‑V‑G‑’s “Particular Social Group” Test Is Entitled to Chevron Deference

The Third Circuit denied the petition for review and accepted the immigration judge and BIA’s determination that “immediate family members of Honduran women unable to leave a domestic relationship” is not a legally cognizable particular social group.

Court Holds that Imposition of Court Costs Does Not Qualify as “Conviction”

The Fourth Circuit granted the petition for review, finding that an assessment of $100 in costs, assessed attendant to prayer for judgment continued under North Carolina law, is not a “penalty” under INA §101(a)(48)(A)(ii) and is therefore not a “conviction” under the INA.

Court Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude

The Fifth Circuit vacated the BIA’s decision and remanded, holding that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1).

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.
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