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DHS Publishes Final Rule Delaying Date for Card-Based Enforcement of REAL ID Regulations

DHS issued a final rule delaying the date for card-based enforcement of the REAL ID Act regulations from October 1, 2020, to October 1, 2021. Beginning on October 1, 2021, federal agencies may not accept a state-issued driver’s license or identification card for official purposes from any individual unless such license or card is a REAL ID-compliant driver’s license or identification card.

CA9 on Credibility Findings under the REAL ID Act

The court found that the BIA complied with its remand mandate by considering the REAL ID Act’s impact on the immigration judge’s finding that the petitioner’s claims were not sufficiently corroborated for his request for CAT relief.

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Burden and Standard of Proof after the REAL ID Act

Burden and Standard of Proof after the REAL ID Act – Avvo.com http://ping.fm/w7ejX

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New case

New Case: REAL ID Act stripped district court of habeas corpus jurisdiction to consider alien’s challenge to the administrative denial of his adjustment-of-status application because that denial was part of a reinstatement order constituting an “order of removal.” Construing alien’s appeal denial of his habeas petition as a timely filed petition for review was consistent with the purpose of the REAL ID Act and its transfer provision. Judicial interpretation of the Immigration and Naturalization Act from Gonzales v. Dep’t of Homeland Sec.–that a Form I-212 waiver, even if granted, does not cure the inadmissibility of an alien who reenters the United States without inspection after a prior removal–applies to all cases currently on direct review. Alien had no fundamental right to reside in the United States just because his family lives here.

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