Free Resource Guide for Teachers

Don’t give your favorite teacher an apple. Give them the 2008 Teachers Resource Guide “Teaching Children about Immigration” — the gift that keeps on giving. Download your free copy today.

Read about the Latest Developments in Lawsuits Affecting Your Clients

AILF’s Litigation Clearinghouse provides updates on a variety of immigration topics including mandamus and naturalization delay litigation, challenges to state and local laws, and Supreme Court updates. Visit the website to view issues of the Litigation Clearinghouse Newsletter and to check out the Litigation Issue Pages.

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Recent Postings

Past 2 Weeks Past 4 Weeks

5/9/2008 DHS Bio on New CIS Ombudsman Michael Dougherty
DHS posted a professional biography of Michael Dougherty, appointed as CIS Ombudsman on 3/3/08. AILA Doc. No. 08050961.
5/9/2008 BALCA Upholds Denial of Incomplete PERM Application (.pdf 75 KB) Although the employer submitted a new ETA Form 9089 on appeal, supplying most of the information omitted in the original application, BALCA upheld the denial noting that the appropriate remedy is for the employer to file a new application. Matter of 5th Avenue Landscaping, Inc., 2008-PER-00027 (2/11/08). AILA Doc. No. 08050960.
5/9/2008 DHS Publishes Proposed Rule Extending Period of Admission and Stay for TNs
On 5/7/08 DHS published a proposed rule to extend the period of admission and stay for TN nonimmigrants. AILA Doc. No. 08050760.
5/8/2008 Aug. 19: Me, Myself & My Green Card: Self Sponsorship (Audio)
Audio Seminar
5/8/2008 Sept. 18: Understanding the Terms and the Corresponding Procedures and Consequences for Removal Proceedings (Web)
Audio/Web Seminar
5/8/2008 Sept. 16: Paralegal’s Role in the Labor Certification (ETA)/I-140 Process (Web)
Audio/Web Seminar
5/8/2008 Sept. 9: Preparing for Bond Hearings (Web)
Audio/Web Seminar
5/8/2008 Sept. 4: Freedom of Information Act Update (Web)
Audio/Web Seminar
5/8/2008 Aug. 21: NIV Processing at the Consulate 101 (Web)
Audio/Web Seminar
5/8/2008 July 15: Didn't Win the H-1B Lottery? Alternative Visa Solutions (Audio)
Audio Seminar
5/8/2008 July 8: Advanced Topics in Citizenship and Naturalization (Web)
Audio/Web Seminar
5/8/2008 Letter from North Carolina AG’s Office on Eligibility of Undocumented Students for Community College
A 5/6/08 advisory letter from the Office of the Attorney General for North Carolina addresses restricting admission of undocumented students to community colleges. AILA Doc. No. 08050858.
5/8/2008 AILA’s Immigration This Week: May 8, 2008 (.pdf 55 KB) AILA’s Immigration This Week: May 8, 2008. AILA Doc. No. 08050859.
5/8/2008 Sept 23: Unusual Ways: Alternative Use of the B Visa (Audio)
Audio Seminar
5/8/2008 Sept 11: The Subsidiary (Blanket) E Visa: “Uh, What’s That?” (Audio)
Audio Seminar
5/8/2008 Aug. 28: An In Depth Look at Trainee Visas (H-3 & J-1) (Audio)
Audio Seminar
5/8/2008 July 24: Revocation of NIV & IV Petitions/Visas (Audio)
Audio Seminar
5/8/2008 Aug. 5: The Latest Strategies in EB-1, EB-2 & NIW Practice (Audio)
Audio Seminar
5/8/2008 Aug. 12: K-1 and K-3: Utilizing Their Full Potential (Audio)
Audio Seminar
5/8/2008 DOS Cable on Blanket Waiver for HIV Positive Visa Applicants Attending UN Meeting (.pdf 13 KB) DOS released a 5/08 cable notifying posts of a blanket waiver of inadmissibility granted to HIV positive visa applicants attending the UN General Assembly High-Level Meeting on HIV/AIDS. AILA Doc. No. 08050831.
5/8/2008 ICE Announces First Semiannual Report on Compliance with Detention Standards (.pdf 31 KB) A 5/9/08 ICE press release announced the first Semiannual Report on Compliance with ICE National Detention Standards (1/07-6/07). The report tracks compliance with 38 benchmarks at 176 detention facilities. AILA Doc. No. 08050830.
5/8/2008 Case Wrongly Denied Based on the Persecutor Bar to Asylum?
The Supreme Court is considering whether duress is a defense to the persecutor bar to asylum. Human Rights First is drafting an amicus brief that describes the kinds of cases that would suffer from a refusal to recognize this defense. Please contact Human Rights First if you have case examples. AILA Doc. No. 08050869.
5/8/2008 Aug. 14: Current Criminal Issues in Immigration Law (Web)
Audio/Web Seminar
5/8/2008 July 29: When Is a Marriage Considered a Sham Marriage? (Web)
Audio/Web Seminar
5/8/2008 July 22: 3-Year, 10-Year and the Permanent Bar for Unlawful Presence (Web)
Audio/Web Seminar
5/7/2008 CBP Memo: Enforcement Activities at Schools and Places of Worship (.pdf 1262 KB) These two legacy border patrol memorandums relate to enforcement activities in schools, places of worship, funerals, and other religious ceremonies. AILA Doc. No. 08050774.
5/7/2008 Candidate Bios
Voting for National Officers and Elected Directors begins Friday, May 16th. See candidate’s biographical information as you consider your choices. AILA Doc. No. 08050273.
5/7/2008 ICE Semiannual Report on Compliance With National Detention Standards (.pdf 324 KB) This report rates the performance of detention facilities using ICE’s National Detention Standards. The report rates facilities by looking at the following issues: access to legal materials, telephone access, medical care, grievance procedures, transfer of detainees, religious practices, as well as other issues addressed in the national standards. AILA Doc. No. 08050772.
5/7/2008 Indiana Primary Results (.pdf 11 KB) Results from the Indiana Primaries. AILA Doc. No. 08050771.
5/7/2008 North Carolina Primary Results (.pdf 11 KB) Results from the North Carolina Primaries. AILA Doc. No. 08050770.
5/7/2008 Litigation Clearinghouse Newsletter May 7, 2008 (Vol. 3, No. 5)
This issue of AILF's Litigation Clearinghouse Newsletter covers a new suit seeking detention standards, update on religious workers class action, class action certification in a naturalization delay suit, limitations on the categorical approach, and litigation resources on the web. AILA Doc. No. 08050769.
5/7/2008 The Pulse: AILA’s Capitol Beat – May 6, 2008
The 119th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about new data complied by the Transactional Records Access Clearinghouse, which indicate a recent sharp increase in federal prosecutions classified as immigration matters. Also, take action today; urge your representative not to support the SAVE Act! AILA Doc. No. 08050768.
5/7/2008 Candidate Campaign Statements
Meet the candidates for National Officer and Elected Director. Many candidates have provided campaign statements describing their qualifications for office. AILA Doc. No. 08050775.
5/7/2008 Mayor Villaraigosa’s “Bridges Not Walls" Address to the U.S. Mexico-Chamber of Commerce (.pdf 115 KB) In a 5/3/07 address to the U.S.-Mexico Chamber of Commerce, Mayor Villaraigosa emphasized the need for immigration law reform, and a pathway to citizenship for undocumented immigrants living in the U.S. AILA Doc. No. 08050767.
5/7/2008 USCIS Advisory on Web Security of InfoPass System
On 5/6/08 USCIS posted a notice to its webpage advising that the InfoPass appoint scheduling system’s website security certificate has expired. AILA Doc. No. 08050766.
5/7/2008 CA7 Finds IJ Erred in Finding No Past Persecution in Romanian Claim
The court held that the IJ applied an incorrect legal standard in determining that Petitioner had not suffered past persecution as a result of a genital beating to which he was subjected. The court held that the IJ erred by requiring Petitioner to show he had been “seriously harmed.” (Irasoc v. Mukasey, 4/3/08). AILA Doc. No. 08050765.
5/7/2008 CA3 Remands Sierra Leonean W/H Claim Reversing Adverse Credibility Finding
The court reversed the IJ’s adverse credibility determination finding that Petitioner’s omissions or “so-called vagueness” with respect to dates did not go to the heart of her claim. The court found that the few instances of inconsistency were the result of translation problems or the IJ’s interruptions. (Kaita v. Att’y Gen. of the U.S., 4/3/08). AILA Doc. No. 08050764.
5/7/2008 CA1 Upholds Adverse Credibility Finding; Judge Cyr Dissents
The court upheld the IJ’s adverse credibility findings noting that the discrepancies identified by the IJ were clearly present in the administrative record and went to the heart of the asylum claim. The dissent faulted the court for condoning a policy of blindsiding asylum applicants with adverse credibility findings. (Cuko v. Mukasey, 3/31/08). AILA Doc. No. 08050763.
5/7/2008 CA1 Upholds IJ’s Negative Credibility Finding Using REAL ID Act Analysis
The court upheld the IJ’s credibility finding that there were internal inconsistencies in Petitioner’s testimony. The court rejected Petitioner’s contention that the contradictions were too minor to support an adverse finding. The court relied on the changes to the REAL ID which eliminated the “heart of the claim” rule. (Lin v. Mukasey, 3/26/08). AILA Doc. No. 08050762.
5/7/2008 CA3 Remands Withholding Case Due to Misinterpretation of Nat’l Security Bar
The court agreed with the AG’s interpretation of the national security bar on all challenged points except one. The court found that the AG ignored clear congressional intent by inquiring whether an applicant “may pose” a danger to the security of the U.S. instead of asking whether he “is” a danger. (Yusupov v. Att’y Gen. of U.S., 3/27/08). AILA Doc. No. 08050761.
5/6/2008 USCIS Fact Sheet on Updated CSPA Guidance (.pdf 38 KB) A 5/6/08 USCIS Fact Sheet on the applicability of the Child Status Protection Act (CSPA) summarizes eligibility requirements for coverage under the CSPA. AILA Doc. No. 08050672.
5/6/2008 USCIS Update Announces Revised Guidance on CSPA (.pdf 24 KB) A 5/6/08 USCIS Update announced the issuance of revised guidance, modifying its earlier interpretation of the Child Status Protection Act (CSPA), by extending coverage to foreign nationals with an approved visa petition, but without a pending adjustment application on the date of the CSPA's enactment. AILA Doc. No. 08050671.
5/6/2008 USCIS Announces Proposed Rule to Extend Maximum Stay for TN Visa Holders (.pdf 166 KB) On May 6, 2008, USCIS announced a notice for proposed rulemaking that would allow TN visa holders to remain in the United States for a maximum of three years before requiring an extension of stay. Additionally the proposal would allow individuals to request extensions for up to three years, as opposed the current one year. AILA Doc. No. 08050670.
5/6/2008 Neufeld Memo Revises Guidance on CSPA (.pdf 107 KB) A 4/30/08 memo from Donald Neufeld, Acting Associate Director, Domestic Operations, USCIS, revises Chapter 21.2(e) of the Adjudicator’s Field Manual (AFM) regarding the Child Status Protection Act. AILA Doc. No. 08050669.
5/6/2008 Testimony before the House Subcommittee on Social Security Regarding Employment Eligibility Verification Systems (EEVS)
On 05/06/08, the Subcommittee on Social Security of the House Ways and Means Committee held a “Hearing on Employment Eligibility Verification Systems and the Potential Impacts on SSA’s Ability to Serve Retirees, People with

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