AILA Recent Posting List — Volkswagen Pointer III

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Recent Postings

Past 2 Past 4 Weeks

AILA8 is daily e-newsletter that you to read the top 8 immigration news of the day in 8 minutes or less.

AILA Department’s daily immigration update.

AILA Doc. No.

5/20/2014 Southern District of New on “Released” Under INA §236(c) 530 KB) The court held that the was not subject to mandatory detention INA §236(c) because he had never released from a custodial relating to a removable offense and him released unless ICE accords him a hearing within 30 days. of Michael Z. Goldman.

AILA No. 14052006.

5/20/2014 USCIS on Revised I-821 Form for Use (.pdf 463 KB) USCIS message a revised Form I-821, for Temporary Protected Status, an edition date of 2/20/14, is for use as of 5/20/14. Previously accepted of the form will only be until 7/31/14.

Unpublished BIA remands for consideration of whether identity deception under Code 35-43-5-3.8(a)(3) is divisible in of Descamps v. U.S. Special to IRAC. ( Matter of Ugarte . 3/13/14)

With the baby balloon nearing its apex, of lawyers are headed toward trying to develop a retirement with many wondering I sell my practice?” and “What is my worth?” This curated includes tools and resources for and sale of a law practice.

On 6/14/13 Jeff Denham (R-CA) H.R. 2377, the Encourage New Immigrants to Start Training Act. On 5/19/2014 Rep. offered the ENLIST Act as an amendment to 4435, the National Defense Act for FY 2015.

AILA Doc. No.

5/20/2014 Let Your VOICE Be Write for AILA’s Online VOICE: An Immigration Dialogue 638 KB) Be a part of AILA’s VOICE: An Dialogue. Want to submit an for consideration? Have a story Want to share what’s in your life for the news members section? Don’t Contact VOICE at for information.

AILA, the Center for Rights and Constitutional Law (CHRCL), and the Immigration Project of the National Guild (NIP/NLG), are delighted to Danielle Alvarado has been the recipient of the Michael Maggio Rights Summer Fellowship for

Aggregated local and national coverage of major immigration law stories being discussed the U.S. on May 20, 2014.

5/19/2014 AILA8 for May 19, 2014

AILA8 is daily e-newsletter that you to read the top 8 immigration news of the day in 8 minutes or less.

AILA No. 14051955.

5/19/2014 USCIS TRIG Statistics from Meeting (.pdf 481 KB) Statistics as of 3/31/14, provided by USCIS at a stakeholder meeting held on including statistics on exemptions by category, exemptions denied by of application, and cases on hold by of application.

AILA Doc. No.

5/19/2014 Selling Your Law What’s it Worth? (.pdf 974 KB) It like a cliché, but a law practice is exactly what someone will pay for it. And even though the of an attorney’s book of business is harder to predict, it shouldn’t you from exploring the value of practice. Learn the right with this article.

Doc. No. 14051952.

5/19/2014 Stakeholder Event on the AAO and Appeals (.pdf 585 KB) USCIS invitation to a stakeholder event on recent with the AAO and appeals processing. will provide AAO program and will listen to feedback on regulatory reforms and improvements to processing. In-person and telephonic are available.

AILA Doc. No.

5/19/2014 OCAHO States Participation Does Not Entitle to Blanket Protection (.pdf 508 KB) grants partial summary and schedule for supplemental filings, and that while respondent that E-Verify participation it to a presumption that it has not violated the E-Verify provides no such protection. ( U.S. v. Golf . 3/26/14)

AILA Doc. No.

5/19/2014 CA1 Declines to Review Motion to Reopen for Petitioner China (.pdf 480 KB) The court the BIA did not abuse its discretion in concluding the petitioner’s evidence as to population measures “in some areas of was insufficient to establish either a of persecution or materially changed ( Lin v. Holder . 5/14/14)

AILA No. 14051949.

5/19/2014 When I’m 64: Want to Stay Needed in Retirement Years (.pdf KB) Back in the late 1960s, baby boomers cheerfully the lyrics to “When I’m 64” along Paul McCartney and the Beatles, age 64 impossibly far away. A call to all this article emphasizes the for thoughtful planning for lawyers to relevant in their retirement

Greg Chen, Director of for AILA, shares a legislative and discusses the next steps for immigration reform.

AILA No. 14051947.

5/19/2014 GMS International List (Updated 5/19/14) 578 KB) GMS Members have access to a of licensed and qualified immigration law for jurisdictions other than the States.

AILA Doc. No.

5/19/2014 OCAHO Topical of Cases (Updated May 2014) 1749 KB) Cumulative topical of published and indexed OCAHO volumes 1 through 10, which was updated in May 2014.

Unpublished BIA grants joint motion to to permit adjustment of status USCIS by respondent who entered on K but failed to marry for 273 days. thanks to IRAC. ( Matter of . 3/12/14)

Unpublished BIA decision Wisconsin third degree assault is not an aggravated felony sexual abuse of a minor in because the victim’s age is not an element of the Special thanks to IRAC. ( of Martinez . 3/11/14)

Unpublished BIA remands to consider whether of THC in Wisconsin is an aggravated felony, that the statute must that the offense involved remuneration or more than a amount of marijuana. Special to IRAC. ( Matter of Pham .

EOIR 30-day comment on the Application for Cancellation of Removal for Certain Permanent Residents and for Cancellation of Removal and Adjustment of (42B) for Certain Nonpermanent Comments are now due by 6/16/14. (79 FR 28551,

AILA Doc. No. 14051943.

BIA Applies §212(c) Waiver for Before and After April 1, (.pdf 3173 KB) Unpublished BIA for petitioner with 1991 and convictions, sustaining the appeal and the IJ’s holding that the 2010 conviction disqualifies him a §212(c) waiver. Courtesy of Arroyo.

EOIR update that electronic databases are functional but that they are continuing efforts on other applications eRegistration.

Have you had a client who was by USCIS’s failure to respond to a request in 20 days? The AILA Committee is looking for example before USCIS, ICE, and EOIR for possible use in an amicus in the Ninth Circuit. Please the form by 6/1/14.

DOL alert both the iCERT system be unavailable on Thursday, 5/22/14 8pm to midnight ET.

USCIS 60-day request on Form G-28. is revising to add new features to clarify notification practices relating to parties, including sending all notices and documents to the applicant or directly. Comments are due by 7/18/14. (79 FR 5/19/14)

A 05/19/14 Senate Defense Subcommittee field on “Immigrant Enlistment: A Force for the U.S. Armed Forces.”

CBP Liaison alert that CBP a TN checklist on 03/31/14 for officers to use to in the TN adjudication process and to ensure in adjudications. If the TN application is denied, the will be provided a copy of the indicating the alleged deficiencies.

local and national media of major immigration law news being discussed throughout the on May 19, 2014.

5/16/2014 BIA Precedent on Extreme Hardship (.pdf KB) A 10/5/12 list of BIA precedent related to immigrant waivers of and the evaluation of extreme hardship. list was released to AILA in to a FOIA request for I-601A waiver training materials. The referenced in the list are also

AILA Doc. No. 14051653.

AAO Decisions on Extreme Hardship 2145 KB) Three AAO cases extreme hardship that released to AILA in response to a request for I-601A provisional training materials in 2014.

is your daily e-newsletter allows you to read the top 8 immigration items of the day in 8 minutes or less.

Doc. No. 14051651.

5/16/2014 CA1 to Review Petition for Guatemalan (.pdf 464 KB) The court declined to the withholding denial, upholding the decision that concluded “individuals perceived as wealthy on of their return to Guatemala lengthy stays in the U.S.” did not a particular social group. ( Sam v. . 5/14/14)

AILA Doc. No.

5/16/2014 CA1 Denies Motion to (MTR) for Indonesian Christian 463 KB) The court declined to review the MTR on the basis of changed country finding the BIA did not abuse discretion finding the evidence presented did not a particular or individualized risk of if petitioner returned to Indonesia. ( v. Holder . 5/12/14)

Registration is now for AILA’s Fourth Annual Pro Bono Clinic, set to take Saturday, June 21, 2014 at the Boston Public Library 10AM-2PM. We hope that join us for a truly collegial while spending time back to the local immigrant

AILA Doc. No. 14051643.

USCIS Training Slides on General Overview (.pdf 999 KB) An 2013 USCIS PowerPoint used to train adjudicators by a general overview of the I-601A unlawful presence waiver Obtained by FOIA.

AILA No. 14051648.

5/16/2014 USCIS Slides on I-601As: Inadmissibility (.pdf 1562 KB) An undated PowerPoint presentation used to adjudicators on grounds of inadmissibility and in the adjudication of I-601A provisional presence waivers. Obtained by

AILA Doc. No. 14051647.

USCIS PowerPoint Slides on General Overview (.pdf KB) An undated USCIS PowerPoint providing a general overview of the provisional unlawful presence process including eligibility, tips, and adjudication information. by FOIA.

AILA Doc. No.

5/16/2014 USCIS Training on I-601As: Extreme Hardship and (.pdf 1831 KB) A February USCIS PowerPoint presentation to train adjudicators on evaluating hardship and making discretionary in the I-601A provisional unlawful waiver process. Obtained by

AILA Doc. No. 14051646.

USCIS Standard Operating for Form I-601A (Version 1) 1932 KB) USCIS Standard Procedure (SOP) Version 1 for I-601A, Application for Provisional Presence Waiver, received via Manual is dated 3/4/13 and applicable statutory and regulatory resources, and procedural guidance.

Doc. No. 14051644.

5/16/2014 Training Slides on I-601A Operating Procedures (.pdf KB) January 2013 USCIS presentation used for training on the I-601A provisional unlawful waiver Standard Operating Obtained by FOIA.

AILA is examples of individuals who were by CBP after crossing into the and issued expedited removal without the opportunity for a credible interview. Please provide examples by May 30, 2014.

AILA is information on adjustment of status that are subject to retrogression as of including the F-2A and EB-3 and that have been at TSC or NSC since November 2013 or Please complete the form as as possible, but no later than

USCIS alert that the San CA Application Support Center is today due to wild fire.

local and national media of major immigration law news being discussed throughout the on May 16, 2014.

5/15/2014 Your for May 15, 2014

AILA8 is your e-newsletter that allows you to the top 8 immigration news items of the day in 8 or less.

DOS notice of the determination of Front (and other as a foreign terrorist organization to Section 219 of the INA. (79 FR 27972,

DOS notice of the determination of al-Qa’ida in (and other aliases) as a terrorist organization pursuant to 219 of the INA. (79 FR 27972, 5/15/14)

Doc. No. 14051545.

5/15/2014 Invitation to NSC and TSC Engagement on Business (.pdf 577 KB) USCIS invitation to a NSC and TSC stakeholder engagement at the NSC to discuss and employment-based immigration case Registration information included. was originally scheduled for 6/19/14.

Doc. No. 14051351.

5/15/2014 Brief Challenging Consular Doctrine (.pdf 657 KB) AILA brief including case filed with the Ninth challenging the consular non-reviewability and a visa denial because the had tattoos, and to reaffirm that the legitimate and bona fide standard requires meaningful by lower courts.

Anastasia AILA Secretary, highlights the announcement that some of H-1B holders will work authorization but asks, stop with a narrowly out subsection? Changes are welcome, and we can do Let’s do it.”

5/15/2014 Five Must-Have for AILA’s Annual Conference

With hundreds of thousands of in the App Store and Google Play, how can lawyers know which are the best without sorting them all? Here are apps you’ll want to and install now to be prepared for a great Annual Conference experience.

opinion pieces by AILA on immigration issues including enforcement, business immigration, and the for comprehensive immigration reform.

The NSC Committee requests questions for an stakeholder teleconference with NSC on issues. Please send specific items by end of business on

AILA Doc. No. 14051542.

DOL Practice Pointer: Are You Audit (Updated 5/15/14) (.pdf 524 KB) DOL Committee practice pointer tips for avoiding common in PERM labor certification and outlining proactive steps can take so that they are to respond in the event of an audit.

Advocacy is seeking examples of apprehended by Border Patrol or who enforcement action at a POE by CBP, strong ties to the U.S. length of residence, close members who are U.S. citizens or or education/business ties. Please examples by 5/30/14.

AILA like to welcome its newest

AILA Doc. No. 11123049.

AAO Processing Time Report (.pdf 557 KB) AAO Processing Times as of May 1,

CBP webpage for the Western Hemisphere Initiative (WHTI), including sheets, overview of enhanced licenses, document requirements for air and land/sea travel, FAQs, and

AILA Doc. No. 06112811.

CA9 Remands, Considering Indonesian Post-Removal Conversion to Christianity 526 KB) The court held that a untimely motion to reopen may under the changed conditions in 8 CFR §1003(c)(3)(ii), even if the changed conditions are made relevant by a in the petitioner’s personal circumstances. ( v. Holder . 5/12/14)

The newest in the Inside Immigration series is free on Agora! Read the changes in adjudications of Form applications for EB-5 regional since June 2013. free this month, a recording on strategies for maintaining during lengthy visa

5/15/2014 Article: Immigration Tech Crash Drags On

Immediate Past President Lichter discussed the ongoing issues affecting immigration cases with Politico, the impact on immigrants and that people with cases the immigration courts are actually to get them heard.”

Aggregated and national media coverage of immigration law news stories discussed throughout the U.S. on May 15,

5/14/2014 Your AILA8 for May 14,

AILA8 is your daily that allows you to read the top 8 news items of the day in 8 minutes or

A compilation of Mississippi’s ethics including Rules of Professional selected formal opinions and articles and publications.

AILA Doug Stump discusses revised voting procedures for the elections. For more information, go to

USCIS invitation to stakeholders to a NSC on 6/12/14 on business issues. information will be provided the of the teleconference.

AILA Doc. No.

5/14/2014 CA3 Says Pennsylvania Assault Conviction Is an Aggravated (.pdf 631 KB) The court found the BIA determined that “indecent” referred to in the PA indecent assault categorically constituted molestation, and by sexual abuse of a minor, and petitioner removable under INA ( Cadapan v. Att’y Gen. .

On 05/07/14 Rep. Royce introduced H.R. 4586, the Overseas Recruitment and Trafficking Act of 2014.

AILA Doc. No.

5/14/2014 USCIS Alert on Consultants Being Sentenced for Bogus Asylum Applications 537 KB) USCIS press release on the of a San Gabriel immigration consulting for participating in a long-running scheme to and file fraudulent asylum that made phony of religious persecution on behalf of nationals.

AILA Doc. No.

5/14/2014 VSC Stakeholders Newsletter, 2014 (.pdf 883 KB) Vermont Center (VSC) stakeholders for spring 2014, providing tips, information on the FY2015 filing period, announcing Selby as VSC Deputy Director and Director, and including information on newest facility in Essex,

A compilation of Michigan’s ethics including Rules of Professional selected formal opinions and articles and publications.

Updates and related to Secure Communities, AILA press statements, and testimonies.

AILA Doc. No.

5/14/2014 Civil Immigration Backgrounder (.pdf 897 KB) An AILA guide on civil immigration

AILA Doc. No. 14051443.

CA7 Declines to Review Petition for Asylum Seeker from (.pdf 636 KB) The court denied the for review, affirming the IJ’s credibility determination and finding the petitioner could not provide outside her testimony that she was because she is Roma. ( Georgieva v. . 5/6/14)

AILA Doc. No.

5/14/2014 CA1 Declines to Reopen Proceedings for Haitian Petitioner TPS (.pdf 462 KB) The court declined to removal proceedings for the Haitian holding the BIA correctly ruled the temporary protected status relief only served to execution of the removal order and it did not the validity of the order. ( Donnee v. . 5/9/14)

AILA Doc. No.

5/14/2014 DC and Philadelphia Chapters’ Minutes with CBP Liaison (.pdf 618 KB) D.C. and Philadelphia liaison minutes from a with Washington Dulles Baltimore CBP, and Philadelphia CBP on Topics include: I-94 G-28s, parole, TPS/advance LPR re-entry permits, and returning

As of 5/9/14, USCIS receipted beneficiaries toward the 33,000 cap for the second half of FY2014. count includes 21,036 and 2,585 pending beneficiaries.

local and national media of major immigration law news being discussed throughout the on May 14, 2014.

5/13/2014 Your for May 13, 2014

AILA8 is your e-newsletter that allows you to the top 8 immigration news items of the day in 8 or less.

The Immigration Nationality Act and Regulations are the most important sources immigration attorneys have as part of their libraries. Order the newly 2014 editions from today and save on the three-volume

5/13/2014 TRAC Report Arizona Is Driving Changes in Immigration Re-entry Prosecutions

report indicates substantial in criminal enforcement of immigration particularly in southern border Report found a drop in the of criminal prosecutions for illegal under INA §275, but a continued in prosecutions for illegal re-entry INA §276.

A compilation of Massachusetts’ ethics including Rules of Professional selected formal opinions and articles and publications.

In the May 2014 AILA member Noah an Australian transplant himself, tips on establishing a legal in the Land Down Under and U.S. employees there. For on moving staff from to country, purchase Going Trends in Outbound Immigration .

Maryland Ethics Reference

A compilation of Maryland’s ethics including Rules of Professional selected formal opinions and articles and publications.

A compilation of ethics resources including of Professional Conduct, selected opinions and selected articles and

On Thursday, September 18, 2014, the day the AILA Fall Conference, the State Chapter will a tour of the USCBP Peace Port of Entry at Blaine, WA and the Consulate at Vancouver, B.C.

USCIS Statistics on Credible Asylum Cases (.pdf 497 KB) asylum office statistics, FY2014 credible fear and fear workload report which are broken down by and port of entry case and monthly credible and reasonable nationality reports, listing the top nationalities broken down by

A compilation of Louisiana’s ethics including Rules of Professional selected formal opinions and articles and publications.

A compilation of ethics resources including of Professional Conduct, selected opinions and selected articles and

AILA Doc. No. 12051846.

CA11 Vacates and Remands BIA Involving Ineffective Assistance of Claim (.pdf 489 KB) Unpublished court decision finding the BIA petitioner’s legal argument he was eligible for §212(c) relief and was by his counsel’s failure to meet the date. Courtesy of Andrea and Ysabel Hernandez. ( White v. Att’y Gen. . 5/6/14)

Doc. No. 14051352.

5/13/2014 Statistics on Minor Asylum (.pdf 462 KB) USCIS asylum statistics, including information on principal applicants and asylum of any age filing with USCIS the initial jurisdiction provision of the wile in removal proceedings, 10/1/13 through 3/31/14.

Doc. No. 14051350.

5/13/2014 Statistics on NACARA Cases 470 KB) USCIS asylum office including data on NACARA from 6/21/99 through

AILA Doc. No. 14051349.

USCIS Asylum Applications by Nationals of Afghanistan, Iraq, and (.pdf 468 KB) USCIS asylum statistics of asylum applications by nationals of Afghanistan, Iraq, and from FY1993 through broken down by fiscal and status of case.

AILA No. 14051347.

5/13/2014 USCIS Office Workload for January-March (.pdf 493 KB) USCIS asylum workload, broken down by stage of the asylum case and for January 2014 through 2014.

AILA Doc. No.

5/13/2014 USCIS Asylum (4/11/14) (.pdf 2307 KB) asylum statistics, including on Syrian asylum applications, asylum, asylum applications by asylum office, credible and fear rates by asylum for FY2004-FY2014, asylum pre-screening findings, and credible and reasonable nationality report.

DOS notice of the of al-Qa’ida in the Islamic Maghreb other aliases) as a foreign organization pursuant to Section 219 of the (79 FR 27030, 5/12/14)

AILA No. 14051344.

5/13/2014 QAs from Joint Meeting with Verification and ICE HSI (.pdf 522 KB) QAs from Verification Documentation Liaison liaison meeting with Verification and ICE Homeland Security (HSI) on 4/15/14. Topics expiration dates on I-551 driver authorization cards, SSA of printing certain receipts, and

AILA Doc. No. 14051343.

AAO Sustains I-601 Waiver Due to Hardship for Spouse (.pdf 954 KB) AAO decision sustaining appeal of waiver, finding the U.S. spouse and child would extreme hardship if applicant relocated to India, the spouse’s as a physician, and other favorable warranted discretion. Courtesy of Carlin.

Aggregated local and media coverage of major law news stories being throughout the U.S. on May 13, 2014.

Doc. No. 14051341.

5/13/2014 Straight From the Source April/May 2014 (.pdf 712 KB) April/May 2014 issue of from the Source newsletter, information on the new mandatory Form Haitian TPS and extended re-registration H-1B premium processing, countries participating in H-2A and programs, ABT revised settlement and more.

AILA Doc. No.

5/13/2014 CA9 Holds Sentencing May Be Considered in Particularly Serious Determinations (.pdf 540 KB) The court that the IJ and BIA may consider sentencing for purposes of determining whether a who has not committed an aggravated felony has committed a particularly serious under INA §241(b)(3)(B)(ii). ( Konou v. . 5/9/14)

AILA8 is your e-newsletter that allows you to the top 8 immigration news items of the day in 8 or less.

USCIS proposed to extend the availability of employment to certain H-4 dependent spouses of H-1B nonimmigrants who are in the process of lawful permanent resident through employment. Comments are due by 11, 2014. (79 FR 26886, 5/12/14)

proposed rule to update the to enhance opportunities for H-1B1, E-3 nonimmigrants, and EB-1 immigrants. are due by July 11, 2014. (79 FR 26870,

AILA Doc. No. 14050941.

AILA Board of Governors Minutes (4/12/14) (.pdf 724 KB) from the AILA Board of Meeting held in Washington, DC on 12, 2014.

MR 1.1 is simply worded, but its may provide a lawyer with a sense of security if he relies on his good faith belief he knows what he is doing. this rule is published in form, the Committee seeks on the breadth, scope and accuracy of the

USCIS blog on five on advance parole.

AILA No. 14051244.

5/12/2014 Frequently Questions Regarding AILA’s Elections (.pdf 531 KB) FAQs on the changes in AILA’s election These will be updated as questions arise.

AILA No. 14051243.

5/12/2014 CA9 Remands Claim for Petitioner Fleeing Violence in Guatemala (.pdf 547 KB) The granted petition for review, it was unclear whether the evidence was to meet the revised social standard in W-G-R and M-E-V-G . and for BIA to consider the asylum claim in of these decisions. ( Pirir-Boc v. . 5/7/14)

AILA Doc. No. 14051242.

AILA/CBP Liaison QAs (4/10/14) 578 KB) The AILA CBP Liaison Committee approved QAs from their with CBP on 04/10/14. Topics I-94 automation, blanket L Officer’s Reference Tool, FOIAs, ARO, parole, of United States v. Windsor . Entry, and Trusted Traveler.

DOS that the U.S. Embassy in Yemen remains closed for services until 5/15/14 due to attacks against Western

AILA Doc. No. 11151120.

AILA Comments on DS-3035, J-1 Waiver Recommendation Application 642 KB) AILA’s comments in response to the notice of proposed information on the Department of State’s J-1 Visa Recommendation Application, DS-3035.

local and national media of major immigration law news being discussed throughout the on May 12, 2014.

5/9/2014 New Procedures for the of AILA Election of Directors and and Voting on Bylaw Amendments

information on how to submit a proxy for the AILA election of directors and

AILA8 is your daily that allows you to read the top 8 news items of the day in 8 minutes or

AILA Doc. No. 14050957.

Upstate NY Chapter – CBP Liaison (04/23/14) (.pdf 1371 KB) from 04/23/14 liaison with CBP. Topics accrual of unlawful presence, L-1 at ports of entry, L-1 admission entry of Canadian commuter, and TN validity period.

AILA No. 14050956.

5/9/2014 Mobile App

on AILA’s mobile app for the 2014 Conference in Boston, MA.

5/9/2014 Notice of Extension of Re-registration for Haiti TPS

USCIS notice of the of the re-registration period for Haitian for TPS, extending the deadline 5/2/14 to 7/22/14, as USCIS has a low proportion of the expected number of (79 FR 25141, 5/2/14)

CBP Liaison alert that CBP has yet to implement guidance to its field officers, to U.S. v. Windsor and CBP ports of continue to admit visa same-sex Canadian citizen as B-1/B-2 temporary visitors of derivative status.

DOS notice of the of the Harakat ul-Jihad-i- Islami/Bangladesh other aliases) as a foreign organization pursuant to Section 219 of the (79 FR 25170, 5/2/14)

AILA is case examples where exempt same-sex Canadian spouses sought admission in status post- Windsor . send us your examples by May 31,

DOS 60-day notice of request for comment on the Certification of Eligibility for Visitor Status for J visa (DS-2019). Changes include the e-mail address a required and removing flight trainee as of the exchange category. (79 FR 26801,

AILA Doc. No. 14050949.

CRS Report on Immigration Detainers 825 KB) Congressional Research Service report on immigration detainers, discussions on if ICE’s detainer are within its statutory authority, if and localities are required to comply, issues, and if detainer practices an individual’s constitutional rights.

Doc. No. 14050947.

5/9/2014 DOS on DS-260 Rollout for DV-2015 Visa Program (.pdf 525 KB) DOS stating that beginning the 2015 Diversity Visa Program, DV-2015, all DV applicants submit the electronic DS-260, through the Consular Electronic Center. The DS-260 will be for applicants to use on May 19, 2014.

Unpublished BIA holds DUI while on a suspended under Ariz. Rev. 28-1383(A)(1) is not a categorical CIMT and statute is not divisible under v. United States. Special to IRAC. ( Matter of Sainz .

Unpublished BIA decision states proof of active parenting and financial support by stepparent is not to find stepchild eligible for a petition. Special thanks to ( Matter of Alvarado Cortez .

Volkswagen Pointer III

AILA Doc. No. 14050944.

CRS Report on Immigration Policies and on Health-Related Grounds of Exclusion 771 KB) Congressional Research Service report on health-related grounds of including a legislative history on the specific information on HIV/AIDS, diseases, and TB, medical examinations and and port of entry procedures.

Doc. No. 14050943.

5/9/2014 OSC with Denver Janitorial on Discrimination Claim (.pdf 536 KB) OSC with Master Klean for $75,000 in civil penalties, claims that it subjected non-U.S. citizen new hires to demands for specific documentation in to verify their employment Investigation was based on a referral USCIS.

USCIS will system maintenance from to 2pm (Eastern) on Sunday, May 11, 2014, and online tools will be

Immigration attorneys, judges, and officials agree that Immigration Law Sourcebook is an essential in the practice and understanding of U.S. law. The completely updated edition is shipping in June; your copy now!

Daily Immigration News – May 9, 2014

Aggregated local and media coverage of major law news stories being throughout the U.S. on May 9, 2014.

Your AILA8 for May 8, 2014

is your daily e-newsletter allows you to read the top 8 immigration items of the day in 8 minutes or less.

Doc. No. 14050845.

5/8/2014 Free Webinar on DACA and Parole (.pdf 638 KB) The American Council and Catholic Legal Network, Inc. invitation to a webinar on 5/20/14 for attorneys and BIA representatives on helping DACA apply for permission to travel using advance parole. information included.

AILA No. 14050843.

5/8/2014 AILA/USCIS Operations Liaison QAs (4/10/14) 906 KB) USCIS Field Operations QAs a 4/10/14 liaison meeting. include: same-sex marriage CIV, SAVE corrections, rescheduling and delays, parole-in-place Matter of Arrabally/Yerrabelly . Hague SIJ adjudications, and Field Office

A compilation of Iowa’s ethics including Rules of Professional selected formal opinions and articles and publications.

AILA No. 12051453.

5/8/2014 CRS Report on Discussions on the Unauthorized Population in the (.pdf 784 KB) Congressional Research (CRS) report on the current discussions regarding the unauthorized in the U.S. including information on of the population and a summary of current and policy options.

AILA Florida Chapter Chair Jaensch Karins has a front row to recent efforts in Florida to immigrants through legislation at the level; in this blog she highlights those changes as as her hope that national will take heed.

5/8/2014 Amicus Brief in of Attorney General Certification of of Aguilar-Aquino (.pdf 2102 KB) amicus brief filed the Board of Immigration Appeals Attorney General certification of of Aguilar-Aquino to address the definition of

AILA Doc. No. 14050792.

AILA Letter to the Attorney Asking for Certification (.pdf 589 KB) A letter from AILA to General Eric Holder certification of several cases before the BIA and the related case of of Aguilar-Aquino on the issues of prolonged and the definition of custody.

AILA No. 14050790.

5/8/2014 Amicus on Prolonged Detention Cases 2777 KB) AILA amicus filed with the Board of Appeals in support of ten different detention cases, arguing the Attorney General should a uniform, nationwide, pragmatic regarding all noncitizens whose is prolonged.

Updated guidance the Department of Justice and the Department of for ensuring equal access for all to public schools, regardless of immigration status.

AILA No. 14050842.

5/8/2014 Visa for June 2014 (.pdf 158 KB) DOS Bulletin for June 2014. occurred in the F2A categories and in EB-3 and worker categories minus the Notice regarding 2015 Visa Lottery winners is included.

Maybe the hardest to feel confident in is the fee you charge for services. Your break number can help resolve dilemma. Learn various to find your break number in this week’s Success Tip.

Aggregated and national media coverage of immigration law news stories discussed throughout the U.S. on May 8,

5/7/2014 AILA Voting

AILA election procedures are to a proxy format. The preliminary of voting opens Friday, May 9, voting, including voting by to be completed at the AILA Annual on Thursday, June 19, 2014.

Doc. No. 14050765.

5/7/2014 2013 Audited Financial (.pdf 178 KB) AILA’s audited financial statement is complete and to the membership.

Maryland Governor O’Malley signed a bill extends jurisdiction for guardianship and proceedings to SIJS-eligible individuals 18 but not yet 21. AILA member Michelle discusses the importance of this as it pertains to for those in the immigration

AILA8 is your daily that allows you to read the top 8 news items of the day in 8 minutes or

DOS updates the visa reciprocity including updated information for

AILA Doc. No. 14010841.

Rome District Chapter: Consular Section Meeting (April 2014) (.pdf 591 KB) District Chapter’s DOS Liaison meeting minutes with the section in Paris, France, in 2014. Topics include: contact information, L-1B E company registrations, B visas, communication about a case to interview, and in-person representation.

Doc. No. 14050746.

5/7/2014 Florida Chapter – Orlando Liaison Minutes (4/24/14) 552 KB) Central Florida Chapter minutes from Orlando meeting on 4/24/14. Topics follow up inquiry timeline, for military dependents, submission for waivers of inadmissibility, and interview conflicts.

AILA Doc. No.

5/7/2014 New York City USCIS NY District Director Minutes (3/20/14) (.pdf KB) New York City Chapter’s NY District Director minutes 3/20/14 meeting. Topics processing times, updated charts and contact information, cases, I-360 VAWA interviews, CIV system, K-2 adjustment of and naturalization cermony postponement.

For Interview of the Month, immigration and AILA member David and DACA recipient Julio join us to discuss the DACA and life as a DACA recipient. For information, visit or the free Pocket DACA

AILA Doc. No. 15050743.

New Jersey Chapter: Minutes Newark Office of Chief Meeting (4/29/14) (.pdf KB) New Jersey Chapter minutes meeting with Newark of the Chief Counsel (OCC) on Topics include prosecutorial I-601A administrative closure scheduling of trial attorneys, formal complaints to OCC, and for a docket efficiency program.

Doc. No. 14050742.

5/7/2014 By the Numbers General Summary Review for April 2014 4349 KB) ICE SEVP Student and Visitor System (SEVIS) summary quarterly review for 2014, showing a two percent in F and M students studying in the U.S. January 2014, and providing into which students STEM coursework.

AILA No. 14050741.

5/7/2014 BIA Holds Burglary Offense Not an Aggravated (.pdf 4072 KB) Unpublished BIA terminating proceedings, finding Tennessee Code 39-14-401 is not an felony because the statute vehicles in its definition of “habitation” and the did not clarify what type of was subject of the conviction. Courtesy of Spokes.

AILA Doc. No.

5/7/2014 OSC TAL on Whether an Employer May to Hire a F-1 Student (.pdf 932 KB) A Technical Assistance Letter regarding whether an employer may to hire an F-1 student visa on optional practical training of limited time left on

Aggregated local and national coverage of major immigration law stories being discussed the U.S. on May 7, 2014.

Spring IPN this season! Explore the behind your firm’s choose your words use pro bono as part of your plan, and learn to build a pipeline by eliciting client

AILA Doc. No. 14050701.

EB-5 Processing Time (5/6/14) (.pdf 545 KB) EB-5 Time Report released on with updated processing as of 3/31/14.

AILA Doc. No.

5/7/2014 National Benefits Processing Time Report (.pdf 558 KB) National Benefits Processing Time Report

AILA Doc. No. 14050707.

Vermont Service Center Time Report (5/6/14) 670 KB) Vermont Service Center Time Report (5/6/14)

Doc. No. 14050706.

5/7/2014 Service Center Processing Report (5/6/14) (.pdf 627 KB) TSC Time Report released on with updated processing as of 3/31/14. The updated processing report includes a specific time for I-765s based on an concurrently filed I-821D.

Doc. No. 14050705.

5/7/2014 Service Center Processing Report (5/6/14) (.pdf 625 KB) Service Center Processing Report (5/6/14)

Jose Vargas, a Pulitzer Prize-winning will field questions and his film DOCUMENTED on June 20. today for the Annual Conference to see the which chronicles his experience as an immigrant and reform activist, its nationwide debut on CNN.

Doc. No. 14050702.

5/7/2014 California Service Processing Time Report (.pdf 665 KB) CSC Processing Time released an updated processing report on 5/6/14 with dates as of 3/31/14. The updated time report has removed the times for I-829s.

CBP FOIA frequently asked questions FOIAonline, access to I-94 records and arrival/departure history, a FOIA request, receiving records in A-File, CBP FOIA Room, CBP Background Investigation and FOIA appeals.

AILA No. 14050700.

5/7/2014 AILA ICE Committee Meeting QAs (12/17/13) 930 KB) AILA ICE Liaison Committee and answers from the 12/17/13 meeting with ICE, information on access to credible interviews, the detention bed mandate, detainee transfers, G-28s, exams, FOIA requests, PD, and with ICE OCC.

AILA No. 14050762.

5/7/2014 CBP to Deploy Two Aerostats in Rio Grande Valley 2492 KB) CBP press release that CBP has completed the operational evaluation of three aerostats were deployed in the Rio Grande Border Patrol Sector in 2013, and the agency is planning to two additional aerostats in June

In response to a question posed at the 10, 2014 AILA-ICE liaison ICE OPLA announced that it agree to join Motions to where the respondent entered a lawful, bona fide, marriage after having ordered removed and there is relief.

AILA Doc. No.

5/6/2014 CA8 Finds Significant in Accounts of Border Crossing and Petition (.pdf 513 KB) The court the petition for review, finding the record evidence in this did not compel the contrary conclusion the petitioner proposed—that he entered the by car, rather than ( Diaz-Perez v. Holder . 5/2/14)

is your daily e-newsletter allows you to read the top 8 immigration items of the day in 8 minutes or less.

The Immigration Council released a No Action Taken: Lack of CBP in Responding to Complaints of Abuse, analyzes complaints filed U.S. Customs and Border between 2009 and 2012.

President Doug Stump the DHS announcement proposing three new aimed at attracting and retaining skilled workers from the world, but emphasized that “It incumbent on Congress to act to fix our laws so these small measures are not

AILA Doc. No. 14050651.

Descamps v. U.S. One Year

In the May 2014 VOICE, AILA Mary Kramer analyzes the of Descamps v. U.S. on recent cases involving the classification of For a comprehensive guide to crimmigration, Immigration Consequences of Criminal .

AILA Doc. No. 14050650.

FOIA Reveals Post-DOMA Training Materials (.pdf KB) Records released on 04/21/14 in to a FOIA request for training on the treatment of cases involving marriages following the Supreme decision to strike down 3 of DOMA in U.S. v. Windsor. materials include Instructor and PowerPoint slides.

The AILA to Counsel Taskforce needs examples in which a client have benefited from in the following situations: visa at a consulate; secondary inspection at an sea port, or land port of or deferred inspection. Case needed by 5/14/14.

AILA No. 14050648.

5/6/2014 DHS Press on Publication of Proposed Rules Highly Skilled Immigrants 577 KB) DHS press statement on the publication of two rules aimed at attracting and highly skilled immigrants, a rule to extend employment to spouses of certain H-1B and a rule designed to remove impacting E-3, H-1B1, and workers.

AILA Doc. No.

5/6/2014 OCAHO Reduces Finding ICE Overreached (.pdf KB) OCAHO reduced fine for a mom and pop business, from $14,025 to stating in the decision that overreaches when it issues a NIF and a complaint containing allegations the government actually knows to be ( U.S. v. Crescent City Company, Inc. . 4/22/14)

30-day notice of request for on Form EOIR-26, Notice of From a Decision of an Immigration Comments are now due on 6/4/14. (79 FR 25617,

DOL request for comments on Form Application for Permanent Employment which expires 8/31/13. is used in DOL’s employment-based program and in DHS’s National Waiver program. Comments are due (79 FR 25621, 5/5/14)

AILA No. 14050644.

5/6/2014 USCIS Tips for N-400 (.pdf 530 KB) tips for filing Form Application for Naturalization. Included are instructions for the N-400, as well as tips for each section of the

AILA Doc. No. 14050643.

USCIS International Operations Meeting QAs (4/9/14) (.pdf 623 KB) QAs the USCIS International Operations meeting with AILA on Topics discussed includes waiver issues, overseas international adoptions, overseas filings, humanitarian parole, and asylum caseload at overseas and UPL issues.

CBP Liaison Committee that a new CBP website now allows travelers to access arrival and records going back years from the request AILA is seeking examples members who have attempted to current or historical entry/exit using the CBP website.

Aggregated and national media coverage of immigration law news stories discussed throughout the U.S. on May 6,

5/6/2014 BIA Remands for Further of Motion to Suppress

Unpublished BIA remands for further consideration of to suppress because IJ made no regarding traffic stop by local police or whether the was interviewed by a federal immigration Special thanks to IRAC. ( of Fonseca . 3/10/14)

AILA is examples from members who attempted, successfully or not, to current or historical admissions through the CBP website. Please us your examples by May 31, 2014.

Media-Advocacy Committee Member Bolour shares some about “what is going on in and Ukraine as it affects LGBT since persecution and fear may people out of that region and asylum in the U.S.”

Volkswagen Pointer III
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