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Jeff Sessions further curtails Due Process of Foreign Nationals

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.

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.

From El Salvador and did not receive your TPS?

USCIS updated its El Salvador Temporary Protected Status (TPS) webpage with a note indicating that, as of late September 2015, USCIS had approximately 6,000 El Salvador TPS renewal cases that remain pending and have not received a new employment authorization document (EAD) to replace the one that expired on September 9, 2015. On October 5, USCIS began the process of issuing interim EADs with a 180-day validity period for these cases. USCIS expects to issue final EADs by the end of December 2015.

Denial of CATS upheld even with Tattoos

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the evidence did not compel the conclusion that the petitioner established it was more likely than not that he would be perceived as a gang member and tortured in El Salvador due to his decorative, non-gang-related tattoos.

MSNBC: Hunger-Striking Immigrant Moms and Kids Allege Retaliationel

MSNBC reports that lawyers and advocacy groups are alleging that women and children who are holding a hunger strike at an immigrant family detention center in South Texas are now facing retaliation, including intimidation and isolation. MSNBC states that ICE denies that any hunger strike is underway at the Karnes County Residential Center, and said the agency is not aware that any women have fully refrained from eating at either the dining hall or in common living areas

BIA Finds Respondent Removable for Participation in Acts of Torture and Extrajudicial Killing

In a precedent decision, the BIA found respondent removable, where killing of civilians and acts of torture occurred during his command of the Salvadoran National Guard, and he interfered with investigations, and failed to hold the perpetrators accountable. Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015).

TPS for El Salvador coming up! Don’t delay

USCIS posted a reminder that Monday, March 9, 2015, is the deadline for current El Salvador Temporary Protected Status (TPS) beneficiaries to re-register for the 18-month extension of TPS that runs from March 10, 2015, through September 9, 2016.

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