About AILA

2013 Annual Conference

June 26-29, 2013
San Francisco, CA

Which Side of the Ethical Line Are You On?

Join the conversation as our three expert panelists walk through four common and seemingly simple fact patterns that can trap the unwary lawyer.

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Past 2 Weeks Past 4 Weeks

5/24/2013 Your AILA8 for May 24, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
AILA Doc. No. 13052450.
5/24/2013 How Are Cap-Subject H-1B Adjudications This Year? AILA Wants to Know!
AILA Liaison would like to know how FY2014 cap-subject H-1B adjudications are going thus far. Please send examples of boilerplate RFEs and denials to reports@aila.org.
AILA Doc. No. 13052449.
5/24/2013 CA9 Rejects Consular Nonreviewability as Basis for Dismissing Case (.pdf 591 KB) The court found that the citation to a broad section of the INA that contains numerous categories of proscribed conduct, without any factual allegations to support the finding, is not a facially legitimate reason for denying a visa for the spouse of a U.S. citizen. (Din v. Kerry, 5/23/13)
AILA Doc. No. 13052448.
5/24/2013 Call to All AILA Members: Questions Sought for 6/13/2013 NSC Stakeholder Teleconference
The NSC Liaison Committee requests questions for an upcoming stakeholder teleconference with NSC on refugee and asylee issues. Please send non-case specific items by 5/31/13.
AILA Doc. No. 13052447.
5/24/2013 USCIS ELIS Maintenance Scheduled for May 25 (.pdf 573 KB) USCIS public statement announcing that the USCIS ELIS system will be temporarily off line Saturday, May 25 from 6am EDT to 2pm EDT as they update the system.
AILA Doc. No. 13052446.
5/24/2013 AILA National Office Closed Monday, May 24
The AILA National office will be closed on Monday, May 24th in observance of Memorial Day. The office will re-open on Tuesday, May 25th.
5/24/2013 OCAHO Determines Fines to Be Within Statutory Parameters (.pdf 514 KB) Respondent argues that ICE has too much discretion in deciding if a violation is substantive and in determining penalties. OCAHO responds that ICE does not have unfettered discretion and is bound by the Virtue memo. (U.S. v Silverado Stages, Inc., 5/13/13).
AILA Doc. No. 13052445.
5/24/2013 OCAHO Order Declining to Modify or Vacate Interlocutory Order (.pdf 511 KB) OCAHO declines to modify or vacate the order denying the Respondent’s motion to dismiss for failure to state a claim, and adopts the order. OCAHO reminds parties to properly file and serve requests for review. (U.S. v Spilt Rail Fence Company, Inc., 5/13/13).
AILA Doc. No. 13052444.
5/24/2013 OCAHO Dismisses Complaint of Firing Due to Citizenship Status and National Origin (.pdf 548 KB) OCAHO dismisses complaint as discrimination must be based on disparate treatment of similarly situated individuals and the employer must show that the potential comparators are similarly situations in all material respects. (Martinez v. Superior Linen, 5/3/13)
AILA Doc. No. 13052443.
5/24/2013 DOS Notice on Visa Documentation of Immigrants Under INA
DOS notice of final rule amending its regulations to eliminate the use of Form OF–224, Immigrant Visa Control Card, as a method of recording an alien’s entitlement to an immigrant visa classification effective May 24, 2013. (78 FR 31398, 05/24/13)
AILA Doc. No. 13052442.
5/24/2013 Minutes from DOL Stakeholder Meeting (4/11/13) (.pdf 632 KB) AILA DOL Liaison Committee minutes from the 4/11/13 meeting in DC. Topics include iCERT labor certification registry, prevailing wage issues, FAQ on PWDs for combination of occupations, FEIN verification, PERM denials, denials before supervised recruitment is completed, and new ETA-790.
AILA Doc. No. 13052441.
5/24/2013 Daily Immigration News Clips – May 24, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 24, 2013.
AILA Doc. No. 13052440.
5/24/2013 USCIS Stakeholder Message Reminder on Revised Form G-28 (.pdf 796 KB) USCIS public message reminding stakeholders that on March 28, 2013, USCIS published a revised version of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Beginning May 26, 2013, USCIS will no longer accept prior versions of the form.
AILA Doc. No. 13052462.
5/24/2013 USCIS E-Verify Connection Newsletter May 2013 (Issue 13) (.pdf 677 KB) USCIS E-Verify Connection newsletter for May 2013 covering developments on the new revised Form I-9 and more.
AILA Doc. No. 13052461.
5/24/2013 DOL News Brief Newsletter for May 23, 2013 (.pdf 681 KB) DOL News Brief newsletter from 5/23/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more.
AILA Doc. No. 13052460.
5/23/2013 Your AILA8 for May 23, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
AILA Doc. No. 13052347.
5/23/2013 Maryland Attorney & Four Clients Indicted for Conspiracy to Bribe Immigration Official (.pdf 594 KB) ICE press release announcing the indictment of a Maryland attorney and four of his clients in connection with a conspiracy to bribe an immigration official in order to obtain lawful permanent residence, employment authorization documents and green cards.
AILA Doc. No. 13052340.
5/23/2013 EOIR Fact Sheet on Attorney eRegistry Program (.pdf 476 KB) EOIR fact sheet on new mandatory electronic registry, known as eRegistry, for attorneys and fully accredited representatives which will be used to collect information to maintain a centralized information repository of registrants for both the immigration court & Board of Immigration Appeals (BIA).
AILA Doc. No. 13052346.
5/23/2013 EOIR FAQs on Attorney eRegistry Program (.pdf 499 KB) EOIR frequently asked questions (FAQ) document new mandatory electronic registry, known as eRegistry. After December 10, 2013, attorneys and fully accredited representatives will be required to complete the registry process as a condition to practice before EOIR.
AILA Doc. No. 13052345.
5/23/2013 EOIR General Instructions on Attorney eRegistry Program (.pdf 488 KB) EOIR document setting forth general instructions for their new mandatory electronic registry, known as eRegistry, including sections on who is required to register, how to register, consequences of failing to register and more.
AILA Doc. No. 13052344.
5/23/2013 EOIR Online Resource on eRegistry Program for Every Immigration Court
EOIR online resource page providing links to each immigration court around the country which provides detailed information on the eRegistry validation process for that specific court in question.
AILA Doc. No. 13052343.
5/23/2013 Daily Immigration News Clips – May 23, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 23, 2013.
AILA Doc. No. 13052342.
5/23/2013 Reinvigorate Your Practice with PPC
Lately it seems that everyone has been so caught up in their work there hasn’t been much time for anything else, let alone spending some time on their practice. If this sounds like you, then make time to see how business is running and strengthen your practice with ideas from this week’s PST.
AILA Doc. No. 13052341.
5/22/2013 Immigration Legislation Update: Late Breaking Seminar Now Closed - Recording Available
The Immigration Legislation Update: Late Breaking Seminar has reached the registration limit and is now closed due to great demand. This seminar will be recorded and a free recording will be available to members via Agora.
5/22/2013 CBP Working to Improve Arrivals for International Travelers (.pdf 620 KB) CBP press release on agency efforts to ease international arrivals process with new technology and procedures, including information on I-94 automation, Global Entry, SENTRI, Electronic System for Travel Authorization (ESTA) and Visa Waiver programs.
AILA Doc. No. 13052252.
5/22/2013 House Judiciary Committee Hearing on S.744 and IRCA
On 5/22/13, the House Judiciary Committee held a hearing entitled “S.744 and the Immigration Reform and Control Act of 1986: Lessons learned or Mistakes Repeated?”
AILA Doc. No. 13052250.
5/22/2013 TRAC Report on Removal Decisions of ICE Detainees
Transactional Records Access Clearinghouse (TRAC) report from May 2013 showing that out of the 1,500 individuals taken into custody by ICE on a typical work day, the latest ICE data record shows that about 1,000 were eventually removed and only 360 individuals were released after posting bond.
AILA Doc. No. 13052249.
5/22/2013 USCIS Invitation to NSC Stakeholder Call on Refugee/Asylee Issues
USCIS invitation to a 6/13/13 NSC teleconference on refugee and asylee issues. Call-in information will be provided closer to the date of the call.
AILA Doc. No. 13052248.
5/22/2013 Feeling Lost on InfoNet? This Guide Will Help!
Are you new to AILA? Feeling overwhelmed by InfoNet? Don’t worry – we’ve got you covered. This presentation will take you through all the areas on InfoNet and show you what kinds of materials and resources you can find there.
AILA Doc. No. 13052247.
5/22/2013 Been Thinking About Signing Up for the AILA/AIC India Trip?
You won’t want to miss it! Consular meetings in New Delhi, Mumbai, and Chennai are confirmed and plans for additional activities are well underway. Sign up by June 7 for early-bird perks including a copy of AILA’s Consular Practice Handbook. Registration deadline is July 15. Sign up today!
5/22/2013 Daily Immigration News Clips – May 22, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 22, 2013.
AILA Doc. No. 13052246.
5/22/2013 AILA Statement for House Judiciary Hearing on S.744 and IRCA (.pdf 623 KB) AILA Statement submitted to the House Judiciary Committee for the 5/22/13 hearing on “S.744 and the Immigration Reform and Control Act of 1986: Lessons learned or Mistakes Repeated?”
AILA Doc. No. 13052245.
5/22/2013 S.744 Markup- 5/21/13 (Updated 5/22/13)
Summary of Day Five of Senate Judiciary Committee Markup of S.744 (May 21, 2013)
AILA Doc. No. 13052145.
5/22/2013 AILA Quicktake #22: Successful Markup Completed
The Senate Judiciary Committee wrapped up weeks of work on immigration reform by passing S. 744 out of committee by a bipartisan vote of 13 to 5 on May 21. AILA Executive Director Crystal Williams joins us to discuss this momentous occasion and what remains in store.
AILA Doc. No. 13052244.
5/22/2013 For AILA Members: Letter to the Editor Template - Support S.744
AILA members can personalize and localize this Letter to the Editor template and submit it to their local media outlets as a way to encourage their Senators to support bipartisan immigration reform.
AILA Doc. No. 13052243.
5/22/2013 USCIS Oklahoma City Field Office Re-Opens After Tornadoes (.pdf 593 KB) USCIS press release announcing that the USCIS Field Office in Oklahoma City will re-open on May 22, 2013 at full capacity following restoration of water and power to the facility.
AILA Doc. No. 13052242.
5/22/2013 Practice Tip: Indicating Alternate Degree/Experience Requirements on ETA 9089
AILA NSC Liaison practice tip providing advice for drafting ETA 9089 forms to clearly indicate job requirements where a bachelor’s is required, but an alternative to a U.S. bachelor’s degree or a foreign equivalent degree (e.g., a 3-year bachelor’s degree) is acceptable.
AILA Doc. No. 13052241.
5/22/2013 2013 Visa Reciprocity Changes (Updated 5/22/13)
Department of State updates to the visa reciprocity tables, including updated information on Burma.
AILA Doc. No. 13011043.
5/22/2013 DOJ Indicts Members of International Sex Trafficking Ring (.pdf 536 KB) DOJ press release announcing indictment of several Mexican nationals on charges of sex trafficking and alien harboring for using force, fraud and coercion to compel several women to engage in prostitution in Georgia at various times after bringing their victims from Mexico and Guatemala.
AILA Doc. No. 13052240.
5/22/2013 Your AILA8 for May 22, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
AILA Doc. No. 13052251.
5/22/2013 AILA Commends Senate Judiciary Committee and Calls On Full Senate to Show Similar Commitment to Immigration Reform
AILA commends the Senate Judiciary Committee as it wrapped up weeks of work on immigration reform by passing S. 744 out of committee with a bipartisan vote of 13 to 5.
AILA Doc. No. 13052260.
5/22/2013 Immigration Politics 2013
AILA Advocacy Departments’ weekly briefing.
AILA Doc. No. 12120666.
5/21/2013 AILA Comments on Proposed Changes to Form I-290B (.pdf 1349 KB) AILA’s comments on USCIS changes to Form I-290B and its corresponding instructions. Special thanks to Turid Owren, Dan Berger, and Adam Rosen. AILA Doc. No. 13052156.
AILA Doc. No. 13052156.
5/21/2013 CBP Announces Opening of Seasonal Border Station at Ely, Minnesota (.pdf 602 KB) CBP press release announcing that the Inspection Station at Ely, Minnesota will open for the summer tourist season on May 25, 2013 and the seasonal hours of operation will be in effect until September 7, 2013. AILA Doc. No. 13052155.
AILA Doc. No. 13052155.
5/21/2013 Readout of President & Vice President’s Meeting with DREAMer Families (.pdf 657 KB) White House press release on 5/21/13 meeting with young immigrants who received deferred action and with siblings and spouses of undocumented immigrants where President Obama reiterated his commitment to passing a bipartisan, commonsense immigration reform bill this year. AILA Doc. No. 13052154.
AILA Doc. No. 13052154.
5/21/2013 California Service Center Processing Time Report (5/21/13) (.pdf 784 KB) CSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052153.
AILA Doc. No. 13052153.
5/21/2013 Nebraska Service Center Processing Time Report (5/21/13) (.pdf 699 KB) NSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052152.
AILA Doc. No. 13052152.
5/21/2013 Texas Service Center Processing Time Report (5/21/13) (.pdf 658 KB) TSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052151.
AILA Doc. No. 13052151.
5/21/2013 Vermont Service Center Processing Time Report (5/21/13) (.pdf 670 KB) VSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052150.
AILA Doc. No. 13052150.
5/21/2013 National Benefits Center Processing Time Report (5/21/13) (.pdf 592 KB) NBC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052149.
AILA Doc. No. 13052149.
5/21/2013 AILA Leadership Blog: Immigration Reform and Making a Workable H-1B Program
In a blog post, AILA Media-Advocacy Committee Chair Deb Notkin discusses H-1B provisions in S. 744, noting that while the bill increases H-1B numbers, “restrictive provisions would render the increased numbers ultimately ineffective in obtaining the talent that we need.”
5/21/2013 Your AILA8 for May 21, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13052148.
AILA Doc. No. 13052148.
5/21/2013 GAO Testimony on Observations of DHS's Overstay Enforcement Efforts (.pdf 775 KB) Written testimony by GAO Homeland Security & Justice Director Rebecca Gambler for 5/21/13 House subcommittee hearing analyzing DHS overstay records for national security/public safety concerns, improving data on potential overstays and planning for a biometric exit system. AILA Doc. No. 13052147.
AILA Doc. No. 13052147.
5/21/2013 Border Security, Economic Opportunity, and Immigration Modernization Act (Updated 5/21/13)
On 4/16/13, the Senate "Gang of Eight" introduced S. 744, the "Border Security, Economic Opportunity, and Immigration Modernization Act." AILA Doc. No. 13041760.
AILA Doc. No. 13041760.
5/21/2013 Daily Immigration News Clips – May 21, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 21, 2013. AILA Doc. No. 13052146.
AILA Doc. No. 13052146.
5/21/2013 ICE/CBP Joint House Testimony on Visa Security and Overstays (.pdf 660 KB) Written joint testimony by ICE, CBP & NPPD for 5/21/13 House subcommittee hearing entitled "Visa Security and Overstays: How Secure is America?" on issues related to DHS Visa Security Program, Student and Exchange Visitor Program (SEVP), US-VISIT and more. AILA Doc. No. 13052144.
AILA Doc. No. 13052144.
5/21/2013 USCIS Notice of Office Closings for 2013 (Updated 5/21/13)
USCIS notice of Detroit Application Support Center will be closed due to a power outage. All applicants will be rescheduled to the next available appointment date. AILA Doc. No. 13012863.
AILA Doc. No. 13012863.
5/21/2013 AILA Quicktake: Final Title Under Debate in Senate Judiciary Committee
On May 20, the Senate Judiciary Committee completed Title III of the markup for S. 744 and began addressing the most controversial of the Titles - Title II. AILA Advocacy Director Greg Chen joins us to discuss the evening's late night session and the remaining debate. AILA Doc. No. 13052143.
AILA Doc. No. 13052143.
5/21/2013 US-VISIT Replaced By Office of Biometric Identity Management (OBIM) (.pdf 560 KB) DHS press release announcing that the Office of Biometric Identity Management (OBIM) was created in March 2013 to replace the United States Visitor & Immigration Status Indicator Technology (US-VISIT) and streamline biometric identification services for federal agencies. AILA Doc. No. 13052142.
AILA Doc. No. 13052142.
5/21/2013 Foreign Nationals Sentenced to 3 Years in Federal Prison for Smuggling People from India (.pdf 593 KB) ICE press release on sentence for two individuals found guilty of transporting groups of illegal persons from locations within India through South America, Central America and the Caribbean, and then into the U.S. by various means across the border. AILA Doc. No. 13052141.
AILA Doc. No. 13052141.
5/21/2013 CIS Ombudsman Invitation on USCIS Temporary Suspension of Certain H-2B Adjudications (.pdf 760 KB) CIS Ombudsman invitation for a 5/30/13 teleconference on USCIS’s March 2013 temporary suspension of processing of certain H-2B petitions. The discussion will not focus on DOL’s response and the court decisions that resulted in DOL’s suspension. RSVP info included. AILA Doc. No. 13052140.
AILA Doc. No. 13052140.
5/21/2013 Practice Alert: DOS Explains Removal of Updated 9 FAM 40.63
DOS informed AILA that the update to 9 FAM 40.63 on 3/12/13, which stated that a minor who makes a false claim to citizenship is not inadmissible under INA 212(a)(6)(C)(ii) if he or she lacked legal capacity to make the claim, was removed as it was published prematurely. AILA Doc. No. 13052161.
AILA Doc. No. 13052161.
5/21/2013 S.744 Markup- 5/20/13 (Updated 5/21/13)
Summary of Day Four of Senate Judiciary Committee Markup of S.744 (May 20, 2013).
AILA Doc. No. 13052042.
5/20/2013 AILA Quicktake: Final Week of Markup Kicks Off in Judiciary Committee
The Senate Judiciary Committee continued the markup process as part of their effort to have immigration reform bill S.744 ready for the Senate Floor after Memorial Day. Joining us to discuss the debate thus far is American Immigration Council Executive Director Ben Johnson. AILA Doc. No. 13052057.
AILA Doc. No. 13052057.
5/20/2013 Op-Ed: Sessions Amendment Would Harm Military Families
The Hill published an op-ed piece by AILA member Margaret Stock on the potential impact on military families of an amendment to S. 744 filed by Senator Sessions which would mandate the imprisonment for 60 to 90 days of people who overstay their permission to be in the U.S. AILA Doc. No. 13052056.
AILA Doc. No. 13052056.
5/20/2013 USCIS Union Leaders Speak Out Against S.744 (.pdf 836 KB) A 5/20/13 press release from Kenneth Palinkas, President of the National Citizenship and Immigration Services Council, a union representing 12,000 USCIS adjudications officers and staff, adding his name to a letter by the National ICE Council detailing concerns over S.744. AILA Doc. No. 13052055.
AILA Doc. No. 13052055.
5/20/2013 Daily Immigration News Clips – May 20, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 20, 2013. AILA Doc. No. 13052054.
AILA Doc. No. 13052054.
5/20/2013 FY2013 H-2B Cap Count (Updated 5/20/13)
As of 5/17/13, USCIS receipted 22,572 beneficiaries toward the 33,000 H-2B cap amount for the second half of FY2013. This count includes 20,712 approved and 1,860 pending beneficiaries. H-2B cap count information for the first half of FY2013 is also available. AILA Doc. No. 12102342.
AILA Doc. No. 12102342.
5/20/2013 DOJ OSC May 2013 Newsletter (.pdf 1136 KB) DOJ Office of Special Counsel (OSC) newsletter for May 2013 covering issues related to recent enforcement activities, new Form I-9, webinar schedule for May-July 2013, and more. AILA Doc. No. 13052053.
AILA Doc. No. 13052053.
5/20/2013 CA2 Holds Petitioner Is Not Eligible for Cancellation of Removal (.pdf 495 KB) The court held that the petitioner’s encounters with CBP were “formal, documented” processes through which he was determined to be inadmissible, and that his “voluntary returns” to Mexico therefore severed his physical presence. (Rosario-Mijangos v. Holder, 5/16/13) AILA Doc. No. 13052052.
AILA Doc. No. 13052052.
5/20/2013 Your AILA8 for May 20, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13052051.
AILA Doc. No. 13052051.
5/20/2013 CA7 Remands Asylum Case of Political Activist from Moldova (.pdf 529 KB) The court found that the IJ and BIA applied the wrong legal standard in determining whether the petitioner had shown past persecution for his political activities in Moldova, and remanded the case to the BIA. (Prodan v. Holder, 5/20/13) AILA Doc. No. 13052050.
AILA Doc. No. 13052050.
5/20/2013 OCAHO Adjusts Fines to Deter Future Violations Without Being “Unduly Punitive” (.pdf 516 KB) OCAHO reduces fines, finding that the fact that ICE chooses to disbelieve the employer’s explanation for completing forms late does not constitute evidence of bad faith. This is a companion case to U.S. v. Siwan & Brothers. (U.S. v. Siwan & Sons, 5/3/13). AILA Doc. No. 13052049.
AILA Doc. No. 13052049.
5/20/2013 CA9 Remands Asylum Case of Former Mexican Soldier (.pdf 545 KB) The court remanded the asylum case for the BIA to reconsider whether members of a Mexican drug cartel were responsible for the harm suffered by the petitioner, and to determine whether the government is able to control the cartel. (Tapia Madrigal v. Holder, 5/15/13) AILA Doc. No. 13052048.
AILA Doc. No. 13052048.
5/20/2013 CA6 Finds German Homeschoolers Are Not Eligible for Asylum (.pdf 481 KB) The court held that a German law requiring all children to attend school was not selectively applied to homeschoolers like the petitioners, and that the enforcement of the law did not amount to persecution against the petitioners. (Romeike v. Holder, 5/14/13) AILA Doc. No. 13052047.
AILA Doc. No. 13052047.
5/20/2013 CA4 Holds Conviction Is Not an Aggravated Felony, Reinstates Asylee Status (.pdf 481 KB) The court held that the conduct the petitioner admitted to and on which his conviction for second degree assault necessarily rests does not constitute a crime of violence, and thus that he is not removable as an aggravated felon. (Karimi v. Holder, 5/13/13) AILA Doc. No. 13052046.
AILA Doc. No. 13052046.
5/20/2013 IJ Grants Deferral of Removal Under CAT to Mentally Ill Respondent (.pdf 3647 KB) The immigration judge granted deferral of removal under CAT, and held that the long-term use of physical restraints and psychotropic drugs in a Mexican psychiatric institution constitutes torture. Courtesy of Anna Markovich. AILA Doc. No. 13052045.
AILA Doc. No. 13052045.
5/20/2013 OCAHO Finds Fines Excessive in Light of Record as a Whole (.pdf 516 KB) Fines reduced finding that absent specific evidence, there can be no presumption that the human resources training program of a large parent franchisor necessarily include I-9 compliance training at the time this store was opened. (U.S. v. Siwan & Brothers, 5/2/13). AILA Doc. No. 13052044.
AILA Doc. No. 13052044.
5/20/2013 TRAC Report Says 1,509 People Enter ICE Custody Each Day
Transactional Records Access Clearinghouse (TRAC) report from May 2013 showing that 1,509 individuals were taken into ICE custody each day in November and December 2012, which means that ICE will detain around 400,000 individuals during the current fiscal year at this rate. AILA Doc. No. 13052043.
AILA Doc. No. 13052043.
5/20/2013 USCIS Immigrant Fee Can Be Paid on USCIS ELIS Beginning May 19 (.pdf 655 KB) USCIS press release announcing that customers can now pay the $165 USCIS Immigrant Fee using the USCIS ELIS system. They can also view their benefit requests, receive electronic notification of decisions, and receive real-time case status updates using this new system. AILA Doc. No. 13052041.
AILA Doc. No. 13052041.
5/20/2013 Readout of DHS Secretary Napolitano's Visit to California (.pdf 614 KB) DHS press release on Secretary Janet Napolitano’s 5/17/13 visit to California where she discussed commonsense immigration reform which helps businesses grow our economy by providing the skilled workers this country needs and also strengthens our economic competitiveness. AILA Doc. No. 13052040.
AILA Doc. No. 13052040.
5/20/2013 Florida Woman Indicted for Bringing Haitian Nationals to U.S. on Fraudulent H-2B Visas (.pdf 527 KB) DOJ press release on indictment against a Florida woman for her role in bringing 143 Haitian nationals to the U.S. on fraudulently obtained H-2B guest worker visas that she & her co-conspirator secured based on false representations that there were jobs waiting for them. AILA Doc. No. 13052060.
AILA Doc. No. 13052060.
5/17/2013 USCIS Data on DACA Cases Received Through May 17, 2013 (.pdf 574 KB) USCIS statistics on DACA cases from 8/15/12 to 4/30/13 which shows a total of 497,960 accepted DACA requests for processing, 483,907 biometric services appointments scheduled and 291,859 requests approved. AILA Doc. No. 13051751.
AILA Doc. No. 13051751.
5/17/2013 AILA’s Hometown Radio Tour 2013
AILA’s Hometown Radio Tour 2013 was incredibly successful, reaching an estimated audience of nearly 53 million listeners around the country through local, regional and national outlets. Take a listen to some of the interviews recorded during AILA’s National Day of Action. AILA Doc. No. 13051750.
AILA Doc. No. 13051750.
5/17/2013 USCIS Invitation for Stakeholder Meeting on EB-5 Program (.pdf 516 KB) USCIS invitation to a 5/23/13 stakeholder meeting on e-filing of the I-526 Form into ELIS, with an overview of the concept of a document library, soliciting feedback on managing access to the library, uploading/storing documents, and user expectations. RSVP info included. AILA Doc. No. 13051749.
AILA Doc. No. 13051749.
5/17/2013 AILA's Fourteen Stories: Dynamic Lawyers. Compassionate Results.
In this special publication, we have compiled some of the most heart-warming, inspirational, moving, and just plain amazing immigration moments from 2012 and 2013. AILA Doc. No. 13051748.
AILA Doc. No. 13051748.
5/17/2013 Seeing Over Zealous Adjudicators on VAWA, U or T Cases? AILA Wants to Know! (Updated 5/17/13)
AILA liaison is collecting case examples of RFEs on VAWA, U & T cases where USCIS has requested evidence which is above and beyond what the statute, regulations, and published guidance require. AILA Doc. No. 13030142.
AILA Doc. No. 13030142.
5/17/2013 AILA Quicktake: Current Status of Senate Immigration Bill 5/17/2013
Greg Chen, AILA Director of Advocacy, reviews the Senate Judiciary Committee’s markup of the “Gang of Eight” immigration reform bill to-date and looks ahead to the next week’s markup sessions, likely to be the last remaining week of the process. AILA Doc. No. 13051747.
AILA Doc. No. 13051747.
5/17/2013 USCIS Data on DACA Cases Received Through March 31, 2013 (Corrected) (.pdf 576 KB) USCIS corrected statistics on DACA cases from 8/15/12 to 3/31/13 which was corrected on May 9, 2013 to revise the number of cases under review in October 2012 from 134,858 to 106,752 cases. AILA Doc. No. 13051746.
AILA Doc. No. 13051746.
5/17/2013 CA9 Rejects Matter of Silva-Trevino (.pdf 579 KB) The court held that Matter of Silva-Trevino was wrongly decided, and that the IJ and the BIA improperly considered evidence beyond the record of conviction in holding that the petitioner was convicted of a CIMT. (Olivas-Motta v. Holder, 5/17/13) AILA Doc. No. 13051745.
AILA Doc. No. 13051745.
5/17/2013 Your AILA8 for May 17, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051744.
AILA Doc. No. 13051744.
5/17/2013 AAO Processing Time Report (5/1/13) (.pdf 546 KB) AAO Processing Times as of May 1, 2013. AILA Doc. No. 13051743.
AILA Doc. No. 13051743.
5/17/2013 Daily Immigration News Clips – May 17, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 17, 2013. AILA Doc. No. 13051741.
AILA Doc. No. 13051741.
5/17/2013 Article: A Catch for Undocumented Immigrants in Recent Reforms
AILA President Laura Lichter is quoted in The Atlantic on the difficulties that some Deferred Action applicants have faced proving they were in the U.S. on June 15, 2012 and some creative and innovative ways that lawyers and clients have found to show presence. AILA Doc. No. 13051740.
AILA Doc. No. 13051740.
5/17/2013 AILA Election Instructions
Meet the candidates for National Officer and Elected Director positions. Many candidates have provided campaign statements describing their qualifications for office. AILA Doc. No. 13051742.
AILA Doc. No. 13051742.
5/17/2013 International Visitors Spent $14.4 Billion in U.S. in March 2013 (.pdf 598 KB) Department of Commerce press release announcing new data that shows spending by international visitors to the United States in March 2013 totaled more than $14.4 billion, an increase of nearly 3 percent when compared to last year. AILA Doc. No. 13051761.
AILA Doc. No. 13051761.
5/17/2013 DOL News Brief Newsletter for May 16, 2013 (.pdf 644 KB) DOL News Brief newsletter from 5/16/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more. AILA Doc. No. 13051760.
AILA Doc. No. 13051760.
5/17/2013 DOS Removes the Update to FAM Notes on False Claims to U.S. Citizenship (Updated 5/17/13) (.pdf 3380 KB) Transmittal removing the 3/12/13 update to 9 FAM 40.63 Notes, which clarified various issues and provided that a minor who makes a false claim to U.S. citizenship is not inadmissible under INA 212(a)(6)(C)(ii) if he or she lacked the legal capacity to make the claim. AILA Doc. No. 13032641.
AILA Doc. No. 13032641.
5/16/2013 AILA Memorandum on Eligibility of J-2 Derivatives to Obtain Nonimmigrant Classifications (.pdf 827 KB) Memo by AILA’s Healthcare Professionals/Physicians Committee to USCIS Director Mayorkas on the eligibility of J-2 derivatives of J-1 waiver physicians to obtain nonimmigrant classifications other than H-4 during the J-1 physician’s three year J-1 waiver commitment. AILA Doc. No. 13051601.
AILA Doc. No. 13051601.
5/16/2013 Update on Receipt Notices for FY2014 H-1B Cap Cases (Updated 5/16/13)
USCIS has completed data entry and mailing of receipt notices. Rejection notices will follow. AILA Doc. No. 13041600.
AILA Doc. No. 13041600.
5/16/2013 USCIS Teleconference Invitation for Current & Prospective Civil Surgeons (.pdf 501 KB) USCIS invitation for 5/29/13 stakeholder teleconference for current and prospective civil surgeons to discuss updates to Form I-693, Report of Medical Examination and Vaccination Record, and offer an overview of the USCIS civil surgeon designation. RSVP info included. AILA Doc. No. 13051659.
AILA Doc. No. 13051659.
5/16/2013 AILA Resources on I-94 Automation (Updated 5/16/13)
AILA liaison provides a list of resources found on InfoNet and related to CBP’s automation of Form I-94. AILA Doc. No. 13050248.
AILA Doc. No. 13050248.
5/16/2013 Practice Pointer: Automated Form I-94 Admissions Issues, Best Practices, and Problem Resolution (.pdf 481 KB) CBP liaison committee practice pointer on I-94 automation which discusses various concerns, such as printing the Form I-94, locating it online, and resolving admission records issues. AILA Doc. No. 13051658.
AILA Doc. No. 13051658.
5/16/2013 How to Walk the Ethical Line- Being Less Stressed Out
No matter the question or the context, it is always prudent to remain within the boundary line of what is ethical. Join the conversation as our three expert panelists walk through four common and seemingly simple fact patterns that can trap the unwary lawyer. AILA Doc. No. 13051657.
AILA Doc. No. 13051657.
5/16/2013 ICE Arrests Former Customs Inspector for Selling Fake Documents (.pdf 594 KB) ICE press release announcing the arrest of a former U.S. Customs inspector who was involved in selling counterfeit immigration documents, including employment authorization cards and B-1/B-2 non-immigrant visitor visas defrauding more than 50 people out of about $100,000. AILA Doc. No. 13051656.
AILA Doc. No. 13051656.
5/16/2013 AILA/CBP Liaison Q&As (4/11/2013) (.pdf 551 KB) AILA/CBP liaison offers unofficial Q&As for a 4/11/13 meeting. Topics include redress, Beyond the Border, admission errors, blanket L validity, non-controlled aliens, I-94 automation, NAFTA, FOIAs, ARO, Global Entry, Trusted Traveler, access to counsel, and sequestration. AILA Doc. No. 13051655.
AILA Doc. No. 13051655.
5/16/2013 CBP FAQs on Form I-94 Admission Number Retrieval (.pdf 479 KB) CBP frequently asked questions document on I-94 admission number retrieval, including questions on information that needs to be provided, length of time that admission record will remain on I-94 website, revalidating a visa without I-94 and more. AILA Doc. No. 13051654.
AILA Doc. No. 13051654.
5/16/2013 Your AILA8 for May 16, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051653.
AILA Doc. No. 13051653.
5/16/2013 S.744 Markup - 5/16/13
Summary of Day Three of Senate Judiciary Committee Markup of S.744 (May 16, 2013). AILA Doc. No. 13051641.
AILA Doc. No. 13051641.
5/16/2013 Daily Immigration News Clips – May 16, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 16, 2013. AILA Doc. No. 13051652.
AILA Doc. No. 13051652.
5/16/2013 San Diego Chapter ICE OPLA Liaison Minutes (April 2013) (.pdf 761 KB) Notes from the San Diego Chapter’s April 2013 meeting with ICE OPLA, including information on prosecutorial discretion, case processing delays, contacting ICE, Howard termination cases, DACA, and termination for individuals who may be eligible for the Cuban Adjustment Act. AILA Doc. No. 13051651.
AILA Doc. No. 13051651.
5/16/2013 Ohio AILA Chapter – ICE/ERO Liaison Meeting Minutes (4/24/13) (.pdf 615 KB) Minutes from the AILA Ohio Chapter’s meeting with local ICE/ERO on 4/24/13, including information on ISAP, filing an I-246 Application for Stay of Deportation/Removal, DACA, removal "quotas," ICE contact information, and bond. AILA Doc. No. 13051650.
AILA Doc. No. 13051650.
5/16/2013 BIA Holds Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility (.pdf 468 KB) The Board held that a parent’s LPR status and residence in the U.S. cannot be imputed to an unemancipated minor for purposes of establishing the child’s eligibility for cancellation of removal. Matter of Montoya-Silva, 26 I&N Dec. 123 (BIA 2013). AILA Doc. No. 13051649.
AILA Doc. No. 13051649.
5/16/2013 BIA Reverses IJ, Grants Cancellation of Removal (.pdf 748 KB) In this unpublished decision, the Board found that the IJ did not properly consider evidence of the country conditions in Honduras, including the effects of Hurricane Mitch and the testimony of an expert witness. Courtesy of Thomas Fulghum. AILA Doc. No. 13051648.
AILA Doc. No. 13051648.
5/16/2013 There’s an App for That… (Part II)
We just couldn’t get enough, so here are some more of our favorite apps that help make practicing law a little bit easier. Get connected, be productive and manage your busy practices with this week’s practice success tip. AILA Doc. No. 13051647.
AILA Doc. No. 13051647.
5/16/2013 Procedures for Alerting ICE of a Stay of Removal Request (Updated 5/16/13)
AILA ICE Liaison Committee practice pointer on how to use the ICE Community and Detainee Helpline to alert ICE that there is a stay of removal request pending for a detained respondent. AILA Doc. No. 13042447.
AILA Doc. No. 13042447.
5/16/2013 EOIR Announces Opening of Adelanto Immigration Court in California (.pdf 795 KB) Executive Office for Immigration Review press release announcing the full-time presence and opening of an immigration court in the Department of Homeland Security contract detention facility in Adelanto, California on May 20, 2013. AILA Doc. No. 13051643.
AILA Doc. No. 13051643.
5/16/2013 DHS Notice on ICE Mutual Agreement between Government & Employers (IMAGE)
DHS notice of information collection on ICE Mutual Agreement between Government & Employers (IMAGE) program which tries to enhance compliance with immigration laws & reduce number of unauthorized workers within American workforce. Comments due 7/15/13 (78 FR 28894, 5/16/13) AILA Doc. No. 13051646.
AILA Doc. No. 13051646.
5/16/2013 DHS Notice on Homeland Security Investigations Forensic Lab System of Records
DHS notice of proposed rulemaking pursuant to the Privacy Act of 1974 for the "Department of Homeland Security/U.S. Immigration and Customs Enforcement—014 Homeland Security Investigations Forensic Laboratory System of Records." Comments due 6/17/13 (78 FR 28761, 5/16/13) AILA Doc. No. 13051645.
AILA Doc. No. 13051645.
5/16/2013 USCIS ELIS Maintenance Scheduled for May 18 and 19 (.pdf 573 KB) USCIS public statement announcing that the USCIS ELIS system will be temporarily off line Saturday, May 18 from 4 am EDT to 5:30 pm EDT and Sunday, May 19 from 4 am EDT to 4 pm EDT as they update the system. AILA Doc. No. 13051644.
AILA Doc. No. 13051644.
5/16/2013 USCIS Office in Guangzhou, China is Now Open Again (.pdf 576 KB) USCIS public statement announcing that the USCIS Office in Guangzhou, China is now open and customers with previously scheduled appointments from May 13-16, 2013 will be contacted by the office when a future appointment date has been set. AILA Doc. No. 13051642.
AILA Doc. No. 13051642.
5/16/2013 AILA Quicktake: Title III Up Next for Senate Judiciary Committee
Stay up-to-date on the reform debate with AILA Quicktakes. The Senate Judiciary Committee continues markup of Senate Bill S.744 with hopes of completing Title IV and moving on to Title III. Here to discuss the matter further is AILA President-Elect Doug Stump. AILA Doc. No. 13051640.
AILA Doc. No. 13051640.
5/15/2013 House Committee Hearing on H.R. 1772 and 1773
On 5/16/13 at 10:00 am (ET) the House Subcommittee on Immigration and Border Security of the Judiciary Committee will hold two hearings on H.R. 1772, the “Legal Workforce Act” and H.R. 1773, the “Agricultural Guestworker Act.” AILA Doc. No. 13051502.
AILA Doc. No. 13051502.
5/15/2013 CA7 Seriously Critiques BIA Treatment of Asylum Cases Based on Forced Sterilization (.pdf 548 KB) The court wrote that the BIA brushed aside whether the petitioner faces a substantial risk of compulsory sterilization if she is removed to China, critiqued the BIA for its treatment of the evidence, and remanded the case. (Chen v. Holder, 5/9/13) AILA Doc. No. 13051501.
AILA Doc. No. 13051501.
5/15/2013 CA9 on EAJA Fees (.pdf 477 KB) The court denied the motion for attorney’s fees, although one Circuit Judge wrote a concurring opinion noting that “EAJA does not work well when it compels a court to cut off compensation of careful and effective advocacy.” (Sargsyan v. Holder, 5/9/13) AILA Doc. No. 13051500.
AILA Doc. No. 13051500.
5/15/2013 CA8 Denies Withholding of Removal to Evangelical Christians from Mexico (.pdf 510 KB) The court held that the petitioners did not show that the conditions in their town rose to the level of persecution, and that they could relocate to a different part of Mexico to avoid persecution as Evangelical Christians. (Alavez-Hernandez v. Holder, 5/8/13) AILA Doc. No. 13051559.
AILA Doc. No. 13051559.
5/15/2013 CA9 Finds Asylum Applicant’s Proposed Social Group Lacks Sufficient Particularity (.pdf 516 KB) The court held that the petitioner’s proposed social group - which he described as disabled persons, insulin-dependent diabetics, or insulin dependent diabetics who suffer from mental illness - lacked sufficient particularity. (Mendoza-Alvarez v. Holder, 5/3/13) AILA Doc. No. 13051558.
AILA Doc. No. 13051558.
5/15/2013 CA7 on False Claims to U.S. Citizenship (.pdf 539 KB) The court held that a baptismal certificate presented by the petitioner at the border is not sufficient evidence to constitute a representation of U.S. citizenship, noting that it did not list a country or state under “place of birth.” (Munoz-Avila v. Holder, 5/3/13) AILA Doc. No. 13051557.
AILA Doc. No. 13051557.
5/15/2013 CA2 on Eligibility for “Special Rule Cancellation of Removal” (.pdf 624 KB) The court held that, as an unadmitted alien, the petitioner cannot be ineligible for NACARA relief because of a conviction that would make him deportable under INA §237, and that the BIA’s interpretation is inconsistent with the regulation. (Reyes v. Holder, 5/3/13) AILA Doc. No. 13051556.
AILA Doc. No. 13051556.
5/15/2013 Practice Tip: Travel for F-1s During Cap-Gap Extension
Practice tip on the ability of F-1 students to travel and return to the United States during the cap-gap extension period. Special thanks to Tien-Li Loke Walsh and the AILA Students and Scholars Committee. AILA Doc. No. 13051555.
AILA Doc. No. 13051555.
5/15/2013 Your AILA8 for May 15, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051554.
AILA Doc. No. 13051554.
5/15/2013 Practice Alert: Closures at U.S. Consulate, Guangzhou, China
AILA liaison has learned from DOS that there was an OSHA-type problem at the U.S. Consulate building at Guangzhou, China, and the consulate will remain closed through Friday, May, 17, 2013. DOS plans to reopen the Consulate on Monday, May 20, 2013. AILA Doc. No. 13051553.
AILA Doc. No. 13051553.
5/15/2013 Two Siblings in California Sentenced for Running Fraudulent Document Ring (.pdf 591 KB) ICE press release announcing that two undocumented siblings from Mexico were sentenced to 10 months in federal prison for conspiring to produce and sell false alien registration cards and Social Security cards. AILA Doc. No. 13051552.
AILA Doc. No. 13051552.
5/15/2013 AILA Positions on Selected Senate Title III Amendments (.pdf 824 KB) AILA positions on select amendments being offered to Title III of S.744, relating to E-Verify, Asylum, and Interior Enforcement. AILA Doc. No. 13051551.
AILA Doc. No. 13051551.
5/15/2013 Form I-94 Quick Reference Guide for Local, State & Federal Agencies (.pdf 1874 KB) CBP reference guide which shows different versions of the Form I-94 Arrival/Departure Record that may be encountered in the field by local, state and/or federal agencies. AILA Doc. No. 13051550.
AILA Doc. No. 13051550.
5/15/2013 CBP Announces Opening of Port of Chief Mountain in Montana (.pdf 614 KB) CBP press release announcing the seasonal re-opening of the Port of Chief Mountain, Montana on Wednesday, May 15, at 9:00 am for the summer season. AILA Doc. No. 13051549.
AILA Doc. No. 13051549.
5/15/2013 AILA Quicktake: Title IV Markup Moves Forward
Markup of Title IV of the Senate Judiciary Committee immigration reform bill S. 744 moves forward with Title III next in line for debate. AILA Treasurer William Stock joins us on Skype to discuss the matter further. AILA Doc. No. 13051548.
AILA Doc. No. 13051548.
5/15/2013 USCIS Office in Guangzhou, China Closed From May 15 to May 17 (.pdf 578 KB) USCIS public statement announcing that the USCIS Office in Guangzhou, China will be closed from May 15, 2013 through May 17, 2013. Customers with previously scheduled appointments through this date will be contacted by the office when a future appointment date has been set. AILA Doc. No. 13051547.
AILA Doc. No. 13051547.
5/15/2013 Daily Immigration News Clips – May 15, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 15, 2013. AILA Doc. No. 13051546.
AILA Doc. No. 13051546.
5/15/2013 DHS Joint Report on Phase I of Entry/Exit Project with Canada (.pdf 671 KB) DHS May 2013 joint report with Canada Border Services Agency on “Entry/Exit Information Systems: Phase I Joint Canada-United States Report” which outlines progress to establish a coordinated Entry/Exit information system and further enhance security along our shared border. AILA Doc. No. 13051545.
AILA Doc. No. 13051545.
5/15/2013 Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers
Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. AILA Doc. No. 13051544.
AILA Doc. No. 13051544.
5/15/2013 AILA Leadership Blog: The Importance of the Human Stories Behind Immigration
Dagmar Butte, a member of the AILA Board of Governors, emphasizes the importance of sharing case examples of the human impact of immigration policy and how those powerful stories can shape the legislative debate going on in Washington, DC.
5/15/2013 Religious Workers + Family Law = Free on the 15th
Have the time to analyze AAO special immigrant religious workers cases? Do you know what common family law issues can come up in an immigration case? If you answered NO to either of those questions, then AILA's got you covered with our newest free educational offerings. CLE too!
5/15/2013 EOIR Stakeholder Meeting on New eRegistry System for Immigration Practitioners (.pdf 729 KB) EOIR invitation for 6/7/13 stakeholder meeting regarding EOIR’s new electronic registration initiative, eRegistry, for attorneys and fully accredited representatives. RSVP info included. AILA Doc. No. 13051543.
AILA Doc. No. 13051543.
5/15/2013 EOIR Launches Online Registration for Immigration Practitioners (.pdf 472 KB) EOIR press release announcing that effective June 10, 2013, it will rollout electronic registration for attorneys and fully accredited representatives who represent aliens in proceedings before EOIR’s immigration courts and the Board of Immigration Appeals. AILA Doc. No. 13051542.
AILA Doc. No. 13051542.
5/15/2013 CBP Travel Advisory on 2013 Victoria Day Holiday Weekend in Canada (.pdf 623 KB) CBP press release on greatly increased traffic during the 2013 Victoria Day holiday weekend and reminds all travelers planning trips across the border into the United States to make sure they have their proper documents. AILA Doc. No. 13051541.
AILA Doc. No. 13051541.
5/15/2013 Practice Pointer: The Role of Consular Officers in Processing U Visa Applicants (.pdf 495 KB) The AILA VAWA, U & T committee practice pointer reminds members of FAM updates for U visa applicants and offers guidance for U visa clients wishing to travel. AILA Doc. No. 13051540.
AILA Doc. No. 13051540.
5/15/2013 USCIS Invitation to 5/16/13 NSC Teleconference on Business Issues (Updated 5/15/13)
USCIS invitation to a 5/16/13 teleconference with NSC on business issues. Call-in information is provided. AILA Doc. No. 13042445.
AILA Doc. No. 13042445.
5/14/2013 S.744 Markup - 5/14/13
Summary of Day Two of Senate Judiciary Committee Markup of S.744 (May 14, 2013). AILA Doc. No. 13051446.
AILA Doc. No. 13051446.
5/14/2013 Your AILA8 for May 14, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051453.
AILA Doc. No. 13051453.
5/14/2013 Practice Pointer: A Brief Discussion of CBP’s Presence Abroad (.pdf 473 KB) RDC practice pointer advises on the CBP Office of International Affairs, which ensures that CBP is represented at overseas posts to implement initiatives that promote anti-terrorism, global border security, non-proliferation, export controls, and immigration. AILA Doc. No. 13051452.
AILA Doc. No. 13051452.
5/14/2013 EOIR Notice on Mandatory Electronic Registry for Attorneys & Representatives
EOIR notice on mandatory electronic registry for attorneys & representatives who can begin registering there on 6/10/13. After 12/10/13, they must be registered in order to practice & may be subject to administrative suspension for failure to register. (78 FR 28124, 5/14/13) AILA Doc. No. 13051449.
AILA Doc. No. 13051449.
5/14/2013 USCIS Announces Redesigned Web Pages for Field Offices (.pdf 702 KB) USCIS press release announcing new redesigned web pages for field offices nationwide with public transportation options, names of Field & District Office Directors, mailing & physical addresses, types of naturalization ceremonies held, office-specific announcements & more. AILA Doc. No. 13051451.
AILA Doc. No. 13051451.
5/14/2013 DOS Notice on Fees & Charges for J-1 Exchange Visitor Program
DOS final rule on revising regulations to increase the Application Fee for Sponsor Designation or Redesignation and the Administrative Fee for Exchange Visitor (J–1 Visa Holder) Benefits assessed for providing Exchange Visitor Program services. (78 FR 28137, 5/14/13) AILA Doc. No. 13051450.
AILA Doc. No. 13051450.
5/14/2013 Applications for FY2013 USCIS Citizenship & Integration Grant Program Due May 22 (.pdf 585 KB) USCIS press release announcing the deadline for the Citizenship & Integration Grant Program where those selected to receive funding will offer both citizenship instruction and naturalization application services to permanent residents. Applications are due by 5/22/13. AILA Doc. No. 13051448.
AILA Doc. No. 13051448.
5/14/2013 AILA Positions on Selected Senate Title II Amendments (.pdf 688 KB) AILA positions on select amendments being offered to Title II of S.744, relating to legalization and family-sponsored and employment-based immigration systems. AILA Doc. No. 13051447.
AILA Doc. No. 13051447.
5/14/2013 CBP Announces 2013 Revised Summer Hours for Montana Port of Entry (.pdf 601 KB) CBP press release announcing extended summer hours at the Port of Wild Horse, Montana from 8am-9pm daily beginning on Wednesday, May 15, 2013 until October 1, 2013. AILA Doc. No. 13051445.
AILA Doc. No. 13051445.
5/14/2013 Scam Alerts for Members
AILA warns members of scams affecting attorneys and/or their clients in this member-focused consumer protection space on InfoNet. This area is updated as alerts are issued and as scam warnings to members are posted. AILA Doc. No. 13051444.
AILA Doc. No. 13051444.
5/14/2013 Daily Immigration News Clips – May 14, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 14, 2013. AILA Doc. No. 13051443.
AILA Doc. No. 13051443.
5/14/2013 AILA Seeks Examples of Long-Pending H-2B Labor Certification Applications
The AILA DOL Liaison Committee seeks examples of applications for H-2B temporary labor certification that were filed with DOL before DOL suspended processing of H-2Bs on March 22, and remain unadjudicated notwithstanding the resumption of processing on April 24. AILA Doc. No.013051440.
AILA Doc. No. 13051440.
5/14/2013 Settlement Agreement on Asylum Work Authorization Class Action Lawsuit (.pdf 1147 KB) Class notice from U.S. District Court in Washington state on the ABT Settlement Agreement which ensures that individuals who seek an asylum application are entitled to new procedures relating to the crediting of time toward eligibility for employment authorization. AILA Doc. No. 13051442.
AILA Doc. No. 13051442.
5/14/2013 U.S. Consulate in Guangzhou, China Cancels Interviews for May 14 & 15 (.pdf 1081 KB) DOS public statement stating that the U.S. Consulate Genera in Guangzhou, China will not be able to interview applicants on May 14-15, 2013 due to emergency reasons and people should check their website for latest schedule information and updates. AILA Doc. No. 13051441.
AILA Doc. No. 13051441.
5/14/2013 Select Amendments to Watch on Title IV (.pdf 536 KB) AILA positions on 26 amendments being offered to Title IV of S.744, being debated on 5/14/13 in the Senate Judiciary Committee. AILA opposes 16 offered by Sens. Grassley (R-IA) and Sessions (R-AL) and supports eight by Sens. Hatch (R-UT), Leahy (D-VT) and Schumer (D-NY). AILA Doc. No. 13051462.
AILA Doc. No. 13051462.
5/14/2013 AILA Quicktake: Immigration Reform Effort Turns to Business 5/14/13
The Senate Judiciary Committee continues markup of S. 744 by addressing Title Four that covers most non-immigrant, temporary visas, entrepreneurship and innovation programs, and other visitor visas. Joining us is Executive Director Crystal Williams to discuss the matter. AILA Doc. No. 13051460.
AILA Doc. No. 13051460.
5/14/2013 S.744 Markup - 5/9/13 (Updated 5/14/13)
Summary of Senate Judiciary Committee Markup of S.744 on May 9, 2013. AILA Doc. No. 13050961.
AILA Doc. No. 13050961.
5/13/2013 EOIR Notice of Relocation of Denver Immigration Court (.pdf 608 KB) EOIR notice that the Denver immigration court will be moving on August 1, 2013. The court will be closed from August 1 to August 6, and will reopen at its new location at 1961 Stout Street, Suite 300 (19th and Stout) in downtown Denver on Wednesday August 7, 2013. AILA Doc. No. 13051351.
AILA Doc. No. 13051351.
5/13/2013 USCIS Office in Guangzhou, China is Closed Until Further Notice (.pdf 572 KB) USCIS public statement announcing that the USCIS Office in Guangzhou, China is closed until further notice and USCIS will update the Guangzhou, China office web page when the office reopens and reschedule all appointments accordingly. AILA Doc. No. 13051350.
AILA Doc. No. 13051350.
5/13/2013 AILA Leadership Blog: On Tap for Tuesday’s Hearing: Nonimmigrant Visas
As the Senate Judiciary Committee prepares to take up Title IV of S. 744 tomorrow, AILA’s Executive Director Crystal Williams looks at some of the nonimmigrant visa provisions in the bill currently, both positive and negative.
5/13/2013 Your AILA8 for May 13, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051349.
AILA Doc. No. 13051349.
5/13/2013 NYC Bar Letter to Senate Judiciary Committee on Reducing Detention
A 4/24/13 letter from the New York City Bar to the Senate Judiciary Committee urging Congress to take additional steps to reduce detention and ensure due process including repealing mandatory detention and the “bed quota.” AILA Doc. No. 13051348.
AILA Doc. No. 13051348.
5/13/2013 AIM: The Human Impact of Immigration Policy
For May's AILA Interview of the Month (AIM), a young woman joins us to tell her personal story that highlights the human impact of immigration policy and the importance of sharing individual narratives to help create change. AILA Doc. No. 13051347.
AILA Doc. No. 13051347.
5/13/2013 Daily Immigration News Clips – May 13, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 13, 2013. AILA Doc. No. 13051346.
AILA Doc. No. 13051346.
5/13/2013 U.S. Embassy in Libya Temporarily Suspending Immigrant Visa Services (.pdf 526 KB) DOS press release stating that the Immigrant Visa Unit in Tripoli, Libya will be temporarily suspending immigrant visa services and all immigrant visa services for Libyans residing in Libya are currently being processed by the U.S. Consulate in Casablanca, Morocco. AILA Doc. No. 13051345.
AILA Doc. No. 13051345.
5/13/2013 U.S. State Department Issues Travel Warning for Libya (.pdf 547 KB) DOS press release warning U.S. citizens of the risks of traveling to Libya and strongly advises against all but essential travel to Tripoli and all travel to Benghazi, Bani Walid, and southern Libya, including border areas and the regions of Sabha and Kufra. AILA Doc. No. 13051344.
AILA Doc. No. 13051344.
5/13/2013 Texas Court Takes Action to Halt Immigration Fraud Scheme (.pdf 1376 KB) Final judgment and permanent injunction against Just for People, Inc. for perpetrating an immigration fraud scheme in violation of the Deceptive Trade Practices Act. Penalties include $480,000; $245,773 in attorney fees and costs; and $195,325 in restitution. AILA Doc. No. 13051343.
AILA Doc. No. 13051343.
5/13/2013 NYC Bar Letter to Senate Judiciary Committee on Appointed Counsel
A 4/24/13 letter from the New York City Bar to the Senate Judiciary Committee urging the Senate to adopt provisions to provide free counsel to all indigent individuals in removal proceedings and in other narrow circumstances. AILA Doc. No. 13051342.
AILA Doc. No. 13051342.
5/13/2013 AILA Resources on 2013 Immigration Reform (Updated 5/13/13)
The most important and up to date information and resources on immigration reform in the 113th Congress. AILA Doc. No. 13020647.
AILA Doc. No. 13020647.
5/13/2013 Maryland Woman Receives 11-Year Prison Sentence for Sex Trafficking (.pdf 595 KB) ICE press release announcing that an El Salvador national received an 11 year prison sentence for recruiting a pregnant runaway to engage in commercial sex acts for a trafficking ring with ties to the notorious street gang Mara Salvatrucha Thirteen (MS-13). AILA Doc. No. 13051341.
AILA Doc. No. 13051341.
5/13/2013 2013 Global Immigration Forum – Register Now!
Speakers from nearly two dozen countries weigh in on current trends in global migration, giving you the insights you need to run your practice - globally. June 25-26, 2013 in San Francisco, CA. Register now.
5/13/2013 Ohio AILA Chapter – USCIS Liaison Meeting Minutes (4/24/2013) (.pdf 581 KB) Meeting minutes from the 4/24/13 AILA Ohio Chapter meeting with the USCIS field office. Topics include ASCs, I-601-As, N-400 interview, Customer Identity Verification (CIV), I-130s in proceedings, motion to terminate, and DACA. AILA Doc. No. 13051340.
AILA Doc. No. 13051340.
5/13/2013 Carolinas Chapter – USCIS Charlotte Liaison Minutes (5/3/2013) (.pdf 796 KB) Meeting minutes from the 5/3/13 AILA Carolinas Chapter meeting with the USCIS Charlotte field office. Topics include processing times, emergency I-131s, I-485s, case inquiries, DACA, and Customer Identity Verification (CIV). AILA Doc. No. 13051360.
AILA Doc. No. 13051360.
5/10/2013 USCIS Online Customer Service Tools Unavailable on Sunday May 12 (.pdf 581 KB) USCIS public statement announcing that several online customer service tools will not be available on Sunday, May 12, 2013 from 10am-2pm eastern time due to routine maintenance to conduct system updates. AILA Doc. No. 13051049.
AILA Doc. No. 13051049.
5/10/2013 Visa Bulletin for June 2013 (.pdf 599 KB) DOS Visa Bulletin for June 2013. Employment-based second preference cut-off date for India is 09/01/04. AILA Doc. No. 13051048.
AILA Doc. No. 13051048.
5/10/2013 Your AILA8 for May 10, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051047.
AILA Doc. No. 13051047.
5/10/2013 Daily Immigration News Clips – May 10, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 10, 2013. AILA Doc. No. 13051046.
AILA Doc. No. 13051046.
5/10/2013 AILA Quicktake: Current Status of Senate Immigration Bill 5/10/13
Greg Chen, AILA Director of Advocacy, discusses the Senate Judiciary Committee’s inaugural markup of the “Gang of Eight” immigration reform bill and looks ahead to the next markup session, likely to focus on Title 2, the section concerned with legalization in the bill. AILA Doc. No. 13051045.
AILA Doc. No. 13051045.
5/10/2013 USCIS to Expand Entrepreneurs in Residence Initiative (.pdf 615 KB) USCIS press release highlighting the key successes of the Entrepreneurs in Residence (EIR) initiative and further announcing plans to use the EIR model to bolster agency expertise in the areas of performing arts, health care, and information technology. AILA Doc. No. 13051044.
AILA Doc. No. 13051044.
5/10/2013 Readout of DHS Secretary Napolitano's Visit to New York (.pdf 615 KB) DHS press release on Secretary Janet Napolitano’s 5/9/13 visit to New York where she discussed the need for critical changes to the legal immigration in order to help business grow our economy by providing the skilled workers this country needs. AILA Doc. No. 13051043.
AILA Doc. No. 13051043.
5/10/2013 TRAC Report on Texas District Leading in Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) May 2013 report showing that during the first six months of FY2013, the Southern District of Texas (Houston) currently leads the nation with 17,022 immigration prosecutions. AILA Doc. No. 13051042.
AILA Doc. No. 13051042.
5/10/2013 CBP Urges Travelers to Prepare for Upcoming Holiday Traffic (.pdf 608 KB) CBP press release remind the traveling public to have proper travel documents, and plan for a possible increase in traffic over the Victoria Day (May 17-20) and Memorial Day (May 24-27) weekends. AILA Doc. No. 13051041.
AILA Doc. No. 13051041.
5/10/2013 DOL News Brief Newsletter for May 9, 2013 (.pdf 672 KB) DOL News Brief newsletter from 5/9/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more. AILA Doc. No. 13051040.
AILA Doc. No. 13051040.
5/9/2013 An Ethical Look at Attorney Advertising Across State Borders (Updated 5/22/13)
Whether to advertise legal services across state borders is proper is not black or white. There are many gray areas when it comes to attorney advertising. This week’s practice success tip reviews the rules in place to help guide lawyers to ethically market their practices. AILA Doc. No. 13050946.
AILA Doc. No. 13050946.
5/9/2013 AILA DOS Liaison Q&As (4/10/13) (.pdf 737 KB) DOS responses to AILA/DOS liaison Q&As, which address questions relating to online resources, Visas (B, E, Blanket L, U&T), consular returns, FAM updates, interview waiver program, DS-160, admin processing, reciprocity, LNU/FNU, waivers, IVs, ART, WRD, and an org chart. AILA Doc. No. 13050948.
AILA Doc. No. 13050948.
5/9/2013 DHS Assistant Inspector General Testimony on Border Security in Immigration Bill (.pdf 603 KB) Written testimony by DHS Assistant Inspector General Anne Richards for a 5/7/13 Senate committee hearing entitled “Border Security: Examining Provisions in the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744)”. AILA Doc. No. 13050947.
AILA Doc. No. 13050947.
5/9/2013 Welcome New Members
AILA would like to welcome its newest members. AILA Doc. No. 11123049.
AILA Doc. No. 11123049.
5/9/2013 Your AILA8 for May 9, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050945.
AILA Doc. No. 13050945.
5/9/2013 AILA Quicktake: Border Security Kicks Off Markup 5/9/2013
The Senate opened formal debate on May 9 on a comprehensive immigration reform proposal, launching the grueling process of amending a bill that could be the most sweeping overhaul of the nation’s border control laws in nearly 30 years. President Laura Lichter joins us. AILA Doc. No. 13050944.
AILA Doc. No. 13050944.
5/9/2013 USCIS Blog on Entrepreneurs in Residence Program
USCIS blog post on Entrepreneurs in Residence (EIR) program which is intended to streamline the current immigration system for foreign entrepreneurs – specifically, those who lead high-growth companies – to innovate new technologies, boost the economy and create jobs. AILA Doc. No. 13050943.
AILA Doc. No. 13050943.
5/9/2013 Five People Indicted for Immigration Fraud Scheme for Bribing DHS Personnel (.pdf 604 KB) ICE press release on grand jury indictment against a DHS special agent, a former immigration officer and three other individuals who allegedly participated in a long-running immigration fraud scheme that was fueled by official corruption and bribery. AILA Doc. No. 13050941.
AILA Doc. No. 13050941.
5/9/2013 Daily Immigration News Clips – May 9, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 9, 2013. AILA Doc. No. 13050940.
AILA Doc. No. 13050940.
5/9/2013 USCIS Report on Entrepreneurs in Residence (EIR) Initiative Summary (.pdf 689 KB) USCIS May 2013 summary of the Entrepreneurs in Residence (EIR) initiative highlighting its successes, challenges and measuring its impact for immigrant entrepreneurs who seek to start or grow businesses in the United States. AILA Doc. No. 13050942.
AILA Doc. No. 13050942.
5/8/2013 CBO Graph on Snapshot of Foreign-Born Population in U.S. from 1860 to 2010
CBO graphic from 5/8/13 showing that from 1860 to 1910, between 13 and 15 percent of people in the United States were born in another country. This percentage fell to 5 percent in 1970 but has increased since then, reaching about 13 percent in the past few years. AILA Doc. No. 13050810.
AILA Doc. No. 13050810.
5/8/2013 CBO Report on 2013 Update on Overview of U.S. Immigrant Population (.pdf 339 KB) CBO report from 5/8/13 entitled “A Description of the Immigrant Population—2013 Update” which shows that in 2012, about 40 million foreign-born people lived in the United States, making up about 13 percent of the U.S. population—the largest share since 1920. AILA Doc. No. 13050814.
AILA Doc. No. 13050814.
5/8/2013 CBO Graph on Unemployment Rate of Foreign Born Workers
CBO graphic from 5/8/13 showing that between 1994 and 2012, the unemployment rate among people born in Mexico or Central America was 7.0 percent, whereas the rate for native-born workers was 4.6 percent and for workers born in Asia, 4.5 percent. AILA Doc. No. 13050813.
AILA Doc. No. 13050813.
5/8/2013 CBO Graph on Number of Unauthorized Foreign-Born People in the United States
CBO graphic from 5/8/13 showing that in 2011, about 11.5 million United States residents were in the country without legal authorization—about 3 million more than in 2000 and about 6.8 million unauthorized residents in the United States came from Mexico alone in 2011. AILA Doc. No. 13050813.
5/8/2013 CBO Graph on Educational Attainment of Foreign-Born People Ages 25 to 64 in U.S.
CBO graphic from 5/8/13 showing that in 2012, 27 percent of the foreign-born population between the ages of 25 and 64 had not completed high school, compared with 7 percent of the native-born population. AILA Doc. No. 13050812.
AILA Doc. No. 13050812.
5/8/2013 CBO Graph on Percentage of States' Population That Are Foreign-Born Persons
CBO graphic from 5/8/13 showing that three states that account for more than one-fifth of the nation’s population—California, New York, and New Jersey—had a foreign-born population that, for each state, exceeded 20 percent of its total population in 2012. AILA Doc. No. 13050811.
AILA Doc. No. 13050811.
5/8/2013 H.R. 1772 – The Legal Workforce Act (.pdf 333 KB) On 04/26/13 Rep. Smith (R-TX) introduced H.R. 1772 “The Legal Workforce Act” of 2013. AILA Doc. No. 13050809.
5/8/2013 House Judiciary Bill Would Expand E-Verify (.pdf 166 KB) A 04/26/13 press release from the House Judiciary Committee announcing the introduction of the “Legal Workforce Act,” H.R. 1772. AILA Doc. No. 13050808.
AILA Doc. No. 13050808.
5/8/2013 AILA Leadership Blog: Like Déjà Vu, All Over Again
In a new blog post, AILA President Laura Lichter shares some insight into a few of the destructive amendments offered by Senate Judiciary Committee members and calls on AILA members and their clients from Judiciary members’ states to take action. AILA Doc. No. 13050807.
AILA Doc. No. 13050807.
5/8/2013 Your AILA8 for May 8, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050806.
AILA Doc. No. 13050806.
5/8/2013 AILA Quicktake: Senate Judiciary Committee Amendments
On May 7 2013, the 5 pm deadline struck for the Senate Judiciary Committee members to file amendments for the “Gang of Eight’s” immigration reform bill. Here to discuss the filed amendments is AILA president Laura Lichter, joining us on Skype from Colorado. AILA Doc. No. 13050805.
AILA Doc. No. 13050805.
5/8/2013 Sen. Leahy Press Release on First Day of Mark-up (.pdf 127 KB) A 05/08/13 press release from Senate Judiciary Committee Chair Leahy (D-VT) on the mark-up process for S. 744. The committee will first recognize amendments to the so called “trigger” section of the legislation and then move to Title I of the bill (border enforcement). AILA Doc. No. 13050804.
AILA Doc. No. 13050804.
5/8/2013 AILA Anniversaries
The following members are enjoying significant AILA Anniversaries. Help us recognize members who joined in April and May 5, 10, 15, 20, 25, 30, and 35 years ago. AILA Doc. No. 09081281. AILA Doc. No. 09081281.
AILA Doc. No. 09081281.
5/8/2013 Sponsors’ Amendment to S. 744 (.pdf 1264 KB) The clean version of the Senate “Gang of Eight” Sponsors’ Amendment to S.744, released 5/1/13, to be introduced for markup in Senate Judiciary Committee. This is the version of the bill that will be used as the committee debates offered amendments. AILA Doc. No. 13050803.
AILA Doc. No. 13050803.
5/8/2013 Selecting the Right Case Management System for Your Practice
This special podcast - part of PPC's Technology Podcast Series - reveals candid insight on the four leading immigration case management systems- INSZoom, E-Immigration, Tracker 7, and LawLogix. Learn the ins and outs and find out which system may be right for your practice. AILA Doc. No. 13050801.
AILA Doc. No. 13050801.
5/8/2013 AILA: Senators Advance Both Good and Bad Amendments on Bipartisan Bill
AILA released a press statement regarding the hundreds of amendments to S. 744 filed yesterday by Republican and Democratic members of the Senate Judiciary Committee.
AILA Doc. No. 13050809.
5/8/2013 Candidate Campaign Statements
Meet the candidates for National Officer and Elected Director positions. Many candidates have provided campaign statements describing their qualifications for office. AILA Doc. No. 13050800.
AILA Doc. No. 13050800.
5/7/2013 AILA Monthly Calendar of Events: Spring 2013 (.pdf 676 KB) Get connected to the AILA community with the AILA Monthly Calendar of Events. The calendar features national conferences and seminars, local chapter events, government stakeholder engagements, and more!
5/7/2013 Demand Data Used in Determining Employment Preference Cut-Off Dates (Updated 5/7/13)
DOS charts offering the estimated total number of visas available for each employment preference category for each fiscal year, as well as the data used in determining the cut-off dates for the current month. AILA Doc. No. 12071951.
AILA Doc. No. 12071951.
5/7/2013 Article: U.S. Reforms Could Slash African Immigration Levels
In an interview with Interpress, AILA Executive Director Crystal Williams noted that the proposed elimination of the diversity visa in the Senate bill “isn’t one of our favourite elements of the new proposal, as we think there’s real value in the diversity visa system.” AILA Doc. No. 13050756.
AILA Doc. No. 13050756.
5/7/2013 Report on Latino Perception of Police Involvement in Immigration Enforcement
University of Illinois at Chicago May 2013 report called “Insecure Communities: Latino Perceptions of Police Involvement in Immigration Enforcement” on impact of police involvement in immigration enforcement on community policing, public safety and Latino communities. AILA Doc. No. 13050755.
AILA Doc. No. 13050755.
5/7/2013 Your AILA8 for May 7, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050754.
AILA Doc. No. 13050754.
5/7/2013 AILA Quicktake: 5 PM Deadline Looms for Senate Judiciary Committee
It’s an important day in immigration as the deadline for Senate Judiciary Committee members to file amendments for “Gang of Eight’s” bill is coming up at 5p.m. and all amendments will be made publicly available. William Stock joins us via Skype to discuss this process. AILA Doc. No. 13050753.
AILA Doc. No. 13050753.
5/7/2013 Relocation (Updated 5/7/13)
This issue-specific page lists published asylum cases that relate to the applicant’s ability to relocate. The page includes only published federal court and BIA cases from July 2012 to the date in parentheses. Special thanks to the AILA Asylum and Refugee Committee. AILA Doc. No. 13010149.
AILA Doc. No. 13010149.
5/7/2013 Miscellaneous (Updated 5/7/13)
This issue-specific page lists miscellaneous published asylum cases by topic. The page includes only published federal court and BIA cases from July 2012 to the date in parentheses. Special thanks to the AILA Asylum and Refugee Committee. AILA Doc. No. 13010144.
AILA Doc. No. 13010144.
5/7/2013 Credibility (Updated 5/7/13)
This issue-specific page lists published asylum cases that relate to credibility determinations. The page includes only published federal court and BIA cases from July 2012 through the date in parentheses. Special thanks to the AILA Asylum and Refugee Committee. AILA Doc. No. 13010140.
AILA Doc. No. 13010140.
5/7/2013 Updated Summary of DACA Implementation Survey Results (.pdf 624 KB) Summary of responses to the DACA implementation survey conducted by AIC, IAN, and AILA as of 4/2/13. The results provide anecdotal information that shed light on the experiences some attorneys and accredited representatives have had with DACA implementation. AILA Doc. No. 13050752.
AILA Doc. No. 13050752.
5/7/2013 ICE Detainee Dies at Arizona Detention Facility (.pdf 591 KB) ICE press release on death of 40-year-old Guatemalan man of an apparent suicide at the Eloy Detention Center in Arizona. He is the fifth detainee to die in ICE custody in FY2013. AILA Doc. No. 13050751.
AILA Doc. No. 13050751.
5/7/2013 Update for Members Representing Victims of Dr. Jerre Moreland
AILA provides updated information to January 2013 member briefing on the status of issues arising as a result of numerous fraudulent petitions filed by Nebraska attorney Jerre Moreland (deceased).
5/7/2013 Daily Immigration News Clips – May 7, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 7, 2013. AILA Doc. No. 13050750.
AILA Doc. No. 13050750.
5/7/2013 DHS Joint Senate Testimony on Immigration Modernization Act (.pdf 650 KB) Written testimony by DHS, ICE & CBP for 5/7/13 Senate committee hearing on “Border Security: Examining Provisions in the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744)” on stronger border security and its impact on immigration reform. AILA Doc. No. 13050749.
AILA Doc. No. 13050749.
5/7/2013 CA5 on the Definition of Lawful Status (.pdf 565 KB) The court upheld the BIA’s conclusion that the petitioners were not in lawful status after their L-1A and L-2 visas expired, despite having an adjustment of status application pending, because adjustment of status was ultimately denied. (Dhuka v. Holder, 5/3/13) AILA Doc. No. 13050748.
AILA Doc. No. 13050748.
5/7/2013 Employers Must Use Revised Employment Eligibility Verification Form I-9 (.pdf 611 KB) USCIS press release reminding employers that beginning May 7, 2013, they must now use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications. AILA Doc. No. 13050747.
AILA Doc. No. 13050747.
5/7/2013 AILA Leadership Blog: Senator Leahy’s Refreshing Amendment Policy
AILA President-Elect Doug Stump offers a look at the unprecedented process instituted by Sen. Judiciary Chairman Leahy to publicly post proposed amendments to the immigration reform bill in advance of markup slated to begin later this week.
5/7/2013 CA2 on False Claims to U.S. Citizenship (.pdf 551 KB) The court remanded the case the BIA to determine in the first instance whether an individual is inadmissible under §212(a)(6)(C)(ii)(I) if he or she makes a false claim to USC in order to avoid being placed in removal proceedings. (Richmond v. Holder, 4/30/13) AILA Doc. No. 13050746.
AILA Doc. No. 13050746.
5/7/2013 CA9 on Retroactivity of the Nationality Act of 1940 (.pdf 508 KB) The court held that the plaintiff was not entitled to a declaratory judgment that he is a U.S. Citizen because the Nationality Act of 1940, which liberalized the residency requirement, did not apply retroactively to the plaintiff. (Friend v. Holder, 4/30/13) AILA Doc. No. 13050745.
AILA Doc. No. 13050745.
5/7/2013 CA10 Remands Nepali Asylum Case, Finds BIA Failed to Properly Consider Evidence (.pdf 496 KB) The court remanded the CAT and asylum claims back to the BIA, holding that the BIA failed to consider supporting evidence and that the record compelled the conclusion that the petitioner suffered past persecution by Maoists in Nepal. (Karki v. Holder, 4/30/13) AILA Doc. No. 13050744.
AILA Doc. No. 13050744.
5/7/2013 CA7 Holds BIA Did Not Meaningfully Address Evidence in Asylum Case (.pdf 566 KB) The court held that the BIA failed to meaningfully to address documents bolstering the petitioner’s assertion that conditions in China have changed for the worse, and remanded the case to the BIA. (Ni v. Holder, 4/26/13) AILA Doc. No. 13050743.
AILA Doc. No. 13050743.
5/7/2013 BIA on the Effect of Dual Nationality on an Asylum Claim (.pdf 469 KB) The Board held that an individual who is a citizen or national of more than one country, but has no fear of persecution in one of the those countries, does not qualify as a refugee under INA §101(a)(42). Matter of B-R-, 26 I&N Dec. 119 (BIA 2013). AILA Doc. No. 13050742.
AILA Doc. No. 13050742.
5/7/2013 CBP Notice on SENTRI and Global Entry Trusted Traveler Programs
CBP 60-day notice of information collection on CBP’s Trusted Traveler Programs, including the Secure Electronic Network for Travelers Rapid Inspection (SENTRI), the Free and Secure Trade Program (FAST), and Global Entry programs. (78 FR 26649, 5/7/13) AILA Doc. No. 13050741.
AILA Doc. No. 13050741.
5/7/2013 USCIS Notice on Application To Replace Permanent Resident Card Form I–90
USCIS 60-day notice of information collection on Application To Replace Permanent Resident Card, Form I–90, which will be used by USCIS to determine eligibility to replace a Lawful Permanent Resident Card. Comments due 7/8/13 (78 FR 26647, 5/7/13). AILA Doc. No. 13050740.
AILA Doc. No. 13050740.
5/6/2013 President Obama’s Weekly Address on Fixing our Immigration System (.pdf 724 KB) White House transcript of President Obama 5/4/13 weekly address on how America can modernize our legal immigration system so that we can reunite families and attract highly-skilled entrepreneurs and engineers who will help create good paying jobs and help grow our economy. AILA Doc. No. 13050651.
AILA Doc. No. 13050651.
5/6/2013 EOIR Swears in Five New Immigration Judges (.pdf 802 KB) EOIR press release announcing swearing-in of Timothy Everett (Los Angeles Immigration Court), J. Traci Hong (Los Angeles Immigration Court), Amy Lee (Los Angeles Immigration Court), Elizabeth McGrail (Los Angeles Immigration Court) and John Odell (Tacoma Immigration Court). AILA Doc. No. 13050650.
AILA Doc. No. 13050650.
5/6/2013 DOS Immigrant Visa Statistics on Annual Numerical Limits for FY2013 (.pdf 575 KB) DOS statistics on FY2013 annual numerical limits on immigrant visas for family-based and employment-based immigrant petitions, with China accounting for 10,060 employment-based visas during FY2013. AILA Doc. No. 13050649.
AILA Doc. No. 13050649.
5/6/2013 USCIS Delays Rollout of Customer Identity Verification (CIV) at Field Offices
AILA Liaison has learned that due to technical difficulties at several USCIS field offices, the nationwide rollout of the new Customer Identity Verification (CIV) process, which was to be launched on May 6, 2013, has been delayed. AILA Doc. No. 13050648.
AILA Doc. No. 13050648.
5/6/2013 Practice Alert: Pre-population of Section 1 by Electronic I-9 Programs Is Prohibited (.pdf 457 KB) AILA practice alert on pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Special thanks to Dan Brown, Marketa Lindt, Sharon Mehlman, and Wendy Madden. AILA Doc. No. 13050647.
AILA Doc. No. 13050647.
5/6/2013 Practice Pointers for Employers on Implementation of New I-9 Form (.pdf 544 KB) Practice pointers from the spring 2013 liaison meetings with USCIS Verification Division and ICE Homeland Security Investigations on the implementation of the new I-9 form. Special thanks to Marketa Lindt, Kathleen Walker, Dan Brown, Sharon Mehlman, and Anthony Weigel. AILA Doc. No. 13050646.
AILA Doc. No. 13050646.
5/6/2013 TRAC Report on Removal Orders Running 18% Behind Last Year's Pace
Transactional Records Access Clearinghouse (TRAC) April 2013 report showing that immigration judges have only issued 49,462 removal orders during first seven months of FY2013, which will be 18% lower from last fiscal year & 35% lower from two years ago at this current rate. AILA Doc. No. 13050645.
AILA Doc. No. 13050645.
5/6/2013 Your AILA8 for May 6, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050644.
AILA Doc. No. 13050644.
5/6/2013 Immigrant Visa Unit in Manila No Longer Accepting Walk-In Applicants Without Appointments (.pdf 534 KB) DOS public statement stating that beginning May 8, 2013, the Immigrant Visa Unit at the U.S. Embassy in Manila, Philippines will no longer accept walk-in applicants without visa appointments, but applicants with emergency needs will be allowed on a case-by-case basis. AILA Doc. No. 13050643.
AILA Doc. No. 13050643.
5/6/2013 Daily Immigration News Clips – May 6, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 6, 2013. AILA Doc. No. 13050642.
AILA Doc. No. 13050642.
5/6/2013 USCIS Teleconference on Provisional Unlawful Presence Waiver Process (.pdf 568 KB) USCIS invitation for 5/10/13 teleconference where USCIS officials will provide an overview of the application process, discuss eligibility criteria and highlight filing tips so that individuals can ensure USCIS accepts their filing at intake. RSVP info included. AILA Doc. No. 13050641.
AILA Doc. No. 13050641.
5/6/2013 DOL News Brief Newsletter for May 2, 2013 (.pdf 669 KB) DOL News Brief newsletter from 5/2/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more. AILA Doc. No. 13050640.
AILA Doc. No. 13050640.
5/6/2013 Strategies for Making the Right Moves in Criminal Immigration Law
How can your client avoid an aggravated felony designation? What is the missing element test? When does the categorical or modified categorical approach apply? Find the answers to these questions and more in Immigration Consequences of Criminal Activity.
5/3/2013 Fire at DOL’s Frances Perkins Building on May 3, 2013 (.pdf 514 KB) DOL experienced a small fire on Friday, 5/3/13, and while there was minimal fire damage, several floors were impacted by water from the sprinkler system. OFLC was impacted but DOL reports that the building will be open on Monday, 5/6/13. Watch InfoNet for updates. AILA Doc. No. 13050346.
AILA Doc. No. 13050346.
5/3/2013 Upstate NY Chapter – USCIS Liaison Minutes (2/26/13) (.pdf 589 KB) Minutes from the 2/26/13 meeting between the USCIS Buffalo District Office and the Upstate NY Chapter. Topics include local office jurisdiction and staff updates, I-130 and I-601A processing, ASC appointment rescheduling, identification for applicants, and PIP. AILA Doc. No. 13050345.
AILA Doc. No. 13050345.
5/3/2013 Your AILA8 for May 3, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050344.
AILA Doc. No. 13050344.
5/3/2013 Daily Immigration News Clips – May 3, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 3, 2013. AILA Doc. No. 13050343.
AILA Doc. No. 13050343.
5/3/2013 Selecting the Right Case Management System for Your Practice
Podcast
Recorded live on April 18, 2013
PPC’s technology podcast series: In this episode, four panelists weigh-in on the leading immigration case management systems. Learn the ins and outs and find out which system may be the right fit for your practice. AILA Doc. No. 13050342.
AILA Doc. No. 13050342.
5/3/2013 AILA Pro Bono Heroes Recognition Program
AILA’s National Pro Bono Services Committee is launching a Quarterly Pro Bono Heroes recognition program. Each season a new category of person/organization exemplifying the professional values of pro bono immigration legal work will be profiled. Spring Nominations now open! AILA Doc. No. 13050340.
AILA Doc. No. 13050340.
5/2/2013 USCIS Invitation for Immigration & Entrepreneurship Meeting (.pdf 570 KB) USCIS invitation for a 5/8/13 town hall meeting in Chicago, IL to discuss the issues at the nexus of immigration law, entrepreneurship, and innovation, including policies to make the U.S. a welcoming place for innovation-driven entrepreneurs. RSVP info included. AILA Doc. No. 13050253.
AILA Doc. No. 13050253.
5/2/2013 Your AILA8 for May 2, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050249.
AILA Doc. No. 13050249.
5/2/2013 USCIS Invitation for USCIS Immigrant Fee Transition Engagement (.pdf 511 KB) USCIS invitation for a 5/8/13 engagement to discuss the USCIS Immigrant Fee transition from pay.gov to USCIS ELIS. USCIS subject matter experts will also address frequently asked questions about the process. RSVP information included. AILA Doc. No. 13050252.
AILA Doc. No. 13050252.
5/2/2013 DOS Proposed Rule on Exchange Visitor Program for Teachers (Updated 5/2/13)
DOS Federal Register notice of proposed rule with request for comment on amending existing regulations governing the teacher category of the Exchange Visitor Program, clarifying the duration of program participation, eligibility requirements and more. (78 FR 25669, 5/2/13) AILA Doc. No. 13050150.
AILA Doc. No. 13050150.
5/2/2013 Redlined Sponsors’ Amendment to S. 744 (.pdf 1748 KB) Redline version of the Senate “Gang of Eight” Sponsors’ Amendment to S.744, released 5/1/13, to be introduced for markup in Senate Judiciary Committee. AILA Doc. No. 13050242.
AILA Doc. No. 13050242.
5/2/2013 Practice Pointer: Remember to Choose “Consular Processing” on the I-130 for Provisional Waiver Cases
The AILA USCIS Field Operations liaison committee reminds members to designate on an I-130 petition filed for an I-601A provisional waiver case that an applicant will consular process. AILA Doc. No. 13050247.
AILA Doc. No. 13050247.
5/2/2013 Practice Alert: DACA Interviews at Local USCIS Field Offices
The AILA USCIS Field Operations liaison committee informs members that some DACA cases are being transferred to local field offices, and of those cases, some are being randomly selected for interviews. AILA Doc. No. 13050246.
AILA Doc. No. 13050246.
5/2/2013 Practice Alert: VSC Resumes H-2B Processing with PPU Refunds Forthcoming
The VSC liaison committee informs members that H-2Bs are once again being adjudicated at the VSC. Additionally, VSC has confirmed that refunds for H-2Bs filed in March to the PPU are currently being reviewed and issued by the Debt Management Office. AILA Doc. No. 13050245.
AILA Doc. No. 13050245.
5/2/2013 2014 Diversity Visa Lottery Results Are Now Available (.pdf 517 KB) DOS statement announcing that the results of the 2014 Diversity Visa lottery are now available online at the DV Entrant Status Check page on the DOS website. AILA Doc. No. 13050244.
AILA Doc. No. 13050244.
5/2/2013 Chicago Chapter - USCIS Chicago Field Office Minutes (4/24/13) (.pdf 1503 KB) Minutes from the AILA Chicago Chapter 4/24/13 meeting with the Chicago USCIS Field Office. Topics include waivers, prosecutorial discretion, fingerprinting, FDNS site visits, customer identity verification (CIV), I-290Bs, I-130s, I-360s, and InfoPass procedures. AILA Doc. No. 13050243.
AILA Doc. No. 13050243.
5/2/2013 Stop SCREAMING in Your Emails
Have you ever made the mistake of writing an email without looking up at the screen and realized only after you were done typing that the entire message was in caps lock? Beat this common mishap with a simple shortcut in this week’s practice success tip. AILA Doc. No. 13050241.
AILA Doc. No. 13050241.
5/2/2013 Practice Alert: Update on the E-2 Visa for Israeli Nationals (.pdf 469 KB) AILA DOS committee offers background information and an update on the status of E-2 visas for Israel nationals, who currently remain ineligible for E-2 status as a result of delays in implementation of the new law. AILA Doc. No. 13050240.
AILA Doc. No. 13050240.
5/2/2013 Daily Immigration News Clips – May 2, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 2, 2013. AILA Doc. No. 13050251.
AILA Doc. No. 13050251.
5/2/2013 AILA AIC Draft Section-by-Section Summary of S.744 (Updated 5/2/13) (.pdf 1269 KB) AILA AIC draft section-by-section summary of S. 744 sponsored by the "Gang of Eight," with redline changes reflecting the sponsors’ amendment filed 5/1/13. AILA Doc. No. 13050260.
AILA Doc. No. 13050260.
5/1/2013 OSC Webinar Schedule for May-July 2013 (.pdf 747 KB) DOJ Office of Special Counsel schedule of May 2013, June 2013 and July 2013 dates for their free live webinar series on avoiding workplace discrimination for employers and workers around the country. RSVP info included. AILA Doc. No. 13050157.
AILA Doc. No. 13050157.
5/1/2013 Reports of Non-Cap I-129 Receipts Taking 30 Days or More
AILA members are reporting that NCSC has indicated that non-cap H-1B and other Form I-129 receipting is taking 30 days or more. AILA Doc. No. 13050156.
AILA Doc. No. 13050156.
5/1/2013 Missouri Attorney Indicted for Conspiracy to Commit Marriage Fraud (.pdf 592 KB) ICE press release announcing that a Missouri attorney was indicted for conspiracy to commit marriage fraud when he enlisted a U.S. citizen to marry a female Ukrainian national so that she could illegally obtain an immigration benefit and remain in the United States. AILA Doc. No. 13050155.
AILA Doc. No. 13050155.
5/1/2013 USCIS Beacon Blog on New Form I-9 for Employers
USCIS blog post reminding people that beginning May 7, 2013, all employers must only use the revised Form I-9 (revision 03/08/13) for new hires. Previous versions of the Form I-9 must not be used after May 6, 2013 and all previous versions will no longer be valid as well. AILA Doc. No. 13050154.
AILA Doc. No. 13050154.
5/1/2013 BIA Reverses IJ on Severity of Past Persecution (.pdf 613 KB) In an unpublished decision, the BIA held that the asylum applicant had compelling reasons for being unwilling to return to Liberia because of the severity of the persecution he suffered, despite a fundamental change in country circumstances. Courtesy of Stephen Meili. AILA Doc. No. 13050153.
AILA Doc. No. 13050153.
5/1/2013 BIA Finds IJ Cannot Deny Asylum Application Without Merits Hearings (.pdf 2772 KB) In an unpublished decision, the BIA held that the IJ erred by requiring the asylum applicant to establish a prima facie asylum case in their written asylum application as a prerequisite to holding a hearing and remanded the case to the IJ. Courtesy of Patricia G. Mattos. AILA Doc. No. 13050152.
AILA Doc. No. 13050152.
5/1/2013 GMS Member Conference Call (5/29/13) (Updated 5/1/13)
May 29, 2013
2:00 pm Central European Time
Teleconference
5/1/2013 Your AILA8 for May 1, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050151.
AILA Doc. No. 13050151.
5/1/2013 Migration Policy Institute Report on New Migration Narrative for Mexico
Migration Policy Institute (MPI) April 2013 country profile examining Mexican migration to the U.S., immigration policy affecting Mexican immigrants, Mexico's role as a transit country, government policy toward the Mexican diaspora and refugee and asylum policy in Mexico. AILA Doc. No. 13050149.
AILA Doc. No. 13050149.
5/1/2013 DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases (.pdf 5203 KB) Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data. AILA Doc. No. 13050148.
AILA Doc. No. 13050148.
5/1/2013 CBP Announces 2013 Summer Hours for Two New York Ports of Entry (.pdf 602 KB) CBP press release announcing that effective May 1, 2013, the new hours of operation for the Churubusco and Cannons Corners border crossing locations in New York will be from 8:00 am to midnight. These new hours will remain in effect until October 31, 2013. AILA Doc. No. 13050146.
AILA Doc. No. 13050146.
5/1/2013 Senate Commerce Hearing on Innovation Economy
On 5/08/13 at 2:30 pm (ET) the Senate Commerce, Science, and Transportation committee will hold a hearing titled “The Role of Immigrants in America’s Innovation Economy.” AILA Doc. No. 13050145.
AILA Doc. No. 13050145.
5/1/2013 USCIS Immigrant Fee Payment to Move to USCIS ELIS (.pdf 577 KB) USCIS press release announcing that USCIS is moving the existing online payment for USCIS Immigrant Fee to its Electronic Immigration System (USCIS ELIS) and reminding people that USCIS Immigrant Fee is a separate fee from the Department of State immigrant visa application. AILA Doc. No. 13050144.
AILA Doc. No. 13050144.
5/1/2013 Daily Immigration News Clips – May 1, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 1, 2013. AILA Doc. No. 13050143.
AILA Doc. No. 13050143.
5/1/2013 ICE Detainee Dies at Arizona Detention Facility (.pdf 588 KB) ICE press release on death of 24-year-old woman of an apparent suicide at the Eloy Detention Center in Arizona. She is the fourth detainee to die in ICE custody in FY2013. AILA Doc. No. 13050141.
AILA Doc. No. 13050141.
5/1/2013 USCIS Announces Implementation of Form I-94 Automation (Updated 5/1/13) (.pdf 584 KB) USCIS press release announcing CBP’s implementation of the automated Form I-94. Nonimmigrant aliens entering the U.S. at air or sea POEs can access the electronic Form I-94 online. USCIS will accept the paper format printed from CBP’s website as evidence of lawful admission. AILA Doc. No. 13043055.
AILA Doc. No. 13043055.
5/1/2013 USCIS ‘Straight from the Source’ Newsletter for April 2013 (.pdf 776 KB) USCIS April 2013 issue of Straight from the Source newsletter covering important highlights, including FY2014 H-1B cap being reached, TPS for Honduras and Nicaragua being extended, tips for filing Form I-539 and more. AILA Doc. No. 13050140.
AILA Doc. No. 13050140.
5/1/2013 2014 Diversity Visa Lottery Results Are Now Available (.pdf 628 KB) Public statement announcing that the results of the 2014 Diversity Visa lottery are now available online at the DV Entrant Status Check page on the DOS website and warning applicants on how to spot and report Diversity Visa lottery scams online. AILA Doc. No. 13050142.
AILA Doc. No. 13050142.
5/1/2013 Selected Recent Opinion Pieces by AILA Members (Updated 5/1/13)
Selected opinion pieces by AILA members on immigration issues including border enforcement, business immigration, and the need for comprehensive immigration reform. AILA Doc. No. 13021144.
AILA Doc. No. 13021144.
4/30/2013 Practice Alert: USCIS NCSC E-mail Temporarily Suspended
AILA liaison has learned that the NCSC e-mail address ncsc-customerconnect@uscis.dhs.gov is temporarily suspended. In the interim, members may call the NCSC or make an e-request. Watch InfoNet for further updates. AILA Doc. No. 13043054.
AILA Doc. No. 13043054.
4/30/2013 Daily Immigration News Clips – April 30, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 30, 2013. AILA Doc. No. 13043053.
AILA Doc. No. 13043053.
4/30/2013 Your AILA8 for April 30, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13043052.
AILA Doc. No. 13043052.
4/30/2013 CRCL Newsletter, April 2013 (.pdf 731 KB) DHS Office for Civil Rights and Civil Liberties (CRCL) April 2013 newsletter with information on new USCIS resources, automation of Form I-94 Arrival/Departure Record and more. AILA Doc. No. 13043051.
AILA Doc. No. 13043051.
4/30/2013 AAO Grants 212(h) Waiver, Finds Applicant Demonstrated Rehabilitation (.pdf 1675 KB) In an unpublished decision, the AAO granted the 212(h) waiver, finding that, although the applicant had a criminal record in addition to his controlled substance crime, his last criminal conviction took place over 15 years ago. Courtesy of Jeffrey Devore. AILA Doc. No. 13043050.
AILA Doc. No. 13043050.
4/30/2013 Senate Homeland Security Hearing on Border
On 5/07/13 at 10:30 am (ET) the Senate Homeland Security and Governmental Affairs committee will hold a hearing titled “Border Security: Examining Provisions in the Border Security, Economic Opportunity and Immigration Modernization Act.” AILA Doc. No. 13043049.
AILA Doc. No. 13043049.
4/30/2013 CA9 Orders Bond Hearing in Certain Mandatory Detention Cases (.pdf 597 KB) The court upheld the preliminary injunction in the class action lawsuit, ordering the government to provide a bond hearing to individuals who have been mandatorily detained in southern California for more than six months. (Rodriguez v. Robbins, 4/16/13) AILA Doc. No. 13043048.
AILA Doc. No. 13043048.
4/30/2013 CA9 on Standard of Review in Citizenship Cases (.pdf 631 KB) The court held it is not required to do a de novo review in citizenship cases, and that the district court’s finding that the petitioner is not a U.S. citizen is not clearly erroneous under a “clear and convincing” standard of proof. (Mondaca-Vega v. Holder, 4/25/13) AILA Doc. No. 13043047.
AILA Doc. No. 13043047.
4/30/2013 Material Support Bar (Updated 4/30/13)
This issue-specific page lists published asylum cases that relate to the material support bar. The page includes only published federal court and BIA cases from July 2012 to the date in parentheses. Special thanks to the AILA Asylum and Refugee Committee. AILA Doc. No. 13010143.
AILA Doc. No. 13010143.
4/30/2013 BALCA on Documenting Recruitment from the Employer’s Website (.pdf 189 KB) BALCA found that where an employer attestation in the recruitment report is submitted as evidence of recruitment on the employer’s website in lieu of dated screenshots, the attestation must be in affidavit form. (Matter of DGN Technologies, 4/29/13) AILA Doc. No. 13043046.
AILA Doc. No. 13043046.
4/30/2013 AILA’s Quarterly ILS Newsletter (Vol. 1, Issue 2) (.pdf 1614 KB) The latest issue of AILA’s Quarterly ILS Newsletter features statistics from the last six months of website use as well as articles to enhance your practice and increase your online presence. AILA Doc. No. 13043045.
AILA Doc. No. 13043045.
4/30/2013 U.S. Embassy in Manila, Philippines Closings for May 2013 (.pdf 557 KB) DOS press release stating that the Immigrant Visa Unit in Manila, Philippines will be temporarily closed to the public on Monday, May 13, 2013 and the American Citizens Services (ACS) unit in Manila will be closed on Wednesday, May 8, 2013 for a regular training day. AILA Doc. No. 13043042.
AILA Doc. No. 13043042.
4/30/2013 BALCA Says Laid-Off U.S. Worker was Rejected for a Lawful, Job-Related Reason (.pdf 221 KB) BALCA found that the U.S. worker’s lack of special skills was a lawful, job-related reason for rejection, and that the employer’s failure to identify the requirements for the U.S. worker’s previous position did not warrant denial. (Matter of Cisco Systems, 4/26/13) AILA Doc. No. 13043041.
AILA Doc. No. 13043041.
4/30/2013 CBP Announces 2013 Summer Hours for Montana Port of Entry (.pdf 601 KB) CBP press release announcing extended summer hours at the Port of Wild Horse, Montana, beginning on Wednesday, May 15, 2013. The port will operate from 8:00 am to 9:00 pm from May 15 to Sept. 30. The winter schedule of 8:00 am to 5:00 pm will begin on October 1, 2013. AILA Doc. No. 13043040.
AILA Doc. No. 13043040.
4/29/2013 CA11 Finds Exit Pursuant to Grant of Advance Parole is Not Departure Under §212(a)(9)(B) (.pdf 489 KB) Citing Matter of Arrabally, the court held the petitioner was not inadmissible under §212(a)(9)(B)(i)(II) because she left the U.S. pursuant to a grant of advance parole. (Ortiz-Bouchet v. U.S. Att’y Gen., 4/23/13) AILA Doc. No. 13042954.
AILA Doc. No. 13042954.
4/29/2013 H.R. 1773 – The Agricultural Guestworker Act
On 04/26/13 Rep. Goodlatte (R-VA) introduced H.R. 1773 “The Agricultural Guestworker Act” of 2013. AILA Doc. No. 13042953.
AILA Doc. No. 13042953.
4/29/2013 CA2 Holds District Court Did Not Have Jurisdiction to Review 212(i) Waiver (.pdf 470 KB) The court upheld the district court’s determination that it did not have jurisdiction to review the decision of USCIS to deny the petitioner’s 212(i) waiver. (Shabaj v. Holder, 4/25/13) AILA Doc. No. 13042951.
AILA Doc. No. 13042951.
4/29/2013 CA4 on "Willful Blindness" Standard in CAT Relief Case (.pdf 479 KB) The court held that the BIA used the correct standard when considering whether the government officials would acquiesce to his torture, and that substantial evidence supported the BIA’s decision to deny CAT protection. (Suarez-Valenzuela v. Holder, 4/24/13) AILA Doc. No. 13042950.
AILA Doc. No. 13042950.
4/29/2013 Your AILA8 for April 29, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13042949.
AILA Doc. No. 13042949.
4/29/2013 PSA on Comprehensive Immigration Reform and Notarios (Updated 4/29/13)
AILA members are asked to share this PSA (available in English, Spanish and Portuguese) on the dangers of notarios and other unauthorized consultants trying to take advantage of the public before a comprehensive immigration reform bill can be passed. AILA Doc. No. 13041661.
AILA Doc. No. 13041661.
4/29/2013 Daily Immigration News Clips – April 29, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 29, 2013. AILA Doc. No. 13042948.
AILA Doc. No. 13042948.
4/29/2013 CBP to Begin Rollout of Automated Form I-94 Arrival/Departure Record (Updated 4/29/13) (.pdf 597 KB) CBP press release announcing that the automation of Form I-94 Arrival/Departure Record is now effective which will streamline the admissions process for individuals lawfully visiting U.S. and provides international visitors evidence they have been lawfully admitted to U.S. AILA Doc. No. 13042667.
AILA Doc. No. 13042667.
4/29/2013 TRAC Blog on Increase of ICE FOIA Request Backlog
Transactional Records Access Clearinghouse (TRAC) blog post stating that halfway through FY2013, ICE has only closed 11,534 of 16,645 FOIA requests & if this pace continues, receipts will be twice the level they were 2 years ago & 38% higher than last year’s record numbers. AILA Doc. No. 13042947.
AILA Doc. No. 13042947.
4/29/2013 Your AILA8 for April 26, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13042946.
AILA Doc. No. 13042946.
4/29/2013 OSC Technical Assistance Letter on Hiring Employees Requiring Export License (.pdf 1120 KB) A 2/25/13 letter from DOJ Deputy Special Counsel Seema Nanda on questions regarding employment of individuals who may require an export license to refer to requirements of International Traffic in Arms Regulations (ITAR), and/or the Export Administration Regulations (EAR). AILA Doc. No. 13042945.
AILA Doc. No. 13042945.
4/29/2013 OSC Technical Assistance Letter on Changing Last Name During Background Check (.pdf 969 KB) A 4/4/13 letter from DOJ Deputy Special Counsel Seema Nanda on whether it is a discriminatory practice to change an applicant's last name, such as removing the hyphen, when submitting the applicant's name for a criminal background check. AILA Doc. No. 13042944.
AILA Doc. No. 13042944.
4/29/2013 OSC Technical Assistance Letter on Federal Agency Preferences on Citizenship (.pdf 914 KB) A 4/9/13 letter from DOJ Deputy Special Counsel Seema Nanda on whether a federal agency employer can legally prefer a U.S. citizen over an equally qualified non-citizen in the absence of express statutory authority to do so. AILA Doc. No. 13042943.
AILA Doc. No. 13042943.
4/29/2013 ICE Announces Prison Sentence for Operator of Pennsylvania Employment Business (.pdf 584 KB) ICE press release announcing prison sentence for Pennsylvania man who engaged in a conspiracy to promote and conceal the profits of a temporary Pennsylvania employment agency which recruited, employed, and transported a work force of undocumented workers. AILA Doc. No. 13042940.
AILA Doc. No. 13042940.
4/29/2013 CIS Ombudsman Executive Summary from EB-5 Program Stakeholder Meeting (.pdf 521 KB) CIS Ombudsman executive summary from 3/5/13 stakeholder meeting on the EB-5 Immigrant Investor Program dealing with processing delays, communications, and other comments relating to the EB-5 Immigrant Investor Program. AILA Doc. No. 13042942.
AILA Doc. No. 13042942.
4/29/2013 EOIR Invitation for Stakeholder Meeting on Recognition & Accreditation Program (.pdf 474 KB) EOIR invitation for 5/10/13 stakeholder meeting for interested parties to participate in a meeting regarding EOIR’s recognition and accreditation program. RSVP info included. AILA Doc. No. 13042941.
AILA Doc. No. 13042941.
4/26/2013 CBP I-94 Demonstration Video
Demonstration video from CBP on automated Form I-94 Arrival/Departure Record. AILA Doc. No. 13042668.
AILA Doc. No. 13042668.
4/26/2013 CA8 Denies Colombian Petitioner’s Withholding and CAT Claims (.pdf 531 KB) The court held that the petitioner was not eligible for withholding of removal because she failed to establish that it would be unreasonable for her to relocate, and found she had not suffered from past persecution. (Castro-Gutierrez v. Holder, 4/22/13) AILA Doc. No. 13042666.
AILA Doc. No. 13042666.
4/26/2013 CA1 Upholds Adverse Credibility Determination in Asylum Case (.pdf 476 KB) The court upheld the IJ’s finding that Liu lacked credibility, noting that the petitioner made several amendments to his asylum application only after a change in law that would have affected his claim. (Liu v. Holder, 4/22/13) AILA Doc. No. 13042665.
AILA Doc. No. 13042665.
4/26/2013 OCAHO Dismisses Complaint Due to Abandonment (.pdf 65 KB) OCAHO dismissed complaint since respondent did not respond to request for hearing and Notice of Intent to Fine became the final order in the matter. DHS remains at liberty to continue its investigation. (U.S. v. Mitchell Greif, 4/18/13). AILA Doc. No. 13042501.
AILA Doc. No. 13042501.
4/26/2013 CA10 Writes that Petitioner Abused the Appeal Process (.pdf 49 KB) The court denied the petitioner’s motion to reopen removal proceedings, writing that the petitioner abused the appeal process by filing three motions to reopen in the Ninth Circuit instead of in the Tenth Circuit. (Salgado-Toribio v. Holder, 4/23/13) AILA Doc. No. 13042500.
AILA Doc. No. 13042500.
4/26/2013 AILA Comments on I-94 Automation (.pdf 595 KB) AILA's comments on the CBP interim final rule "Definition of Form I-94 to Include Electronic Format," which automates Form I-94 and changes the process of documenting the admission or parole of certain individuals. Special thanks to the AILA CBP and Verification committees. AILA Doc. No. 13042662.
AILA Doc. No. 13042662.
4/26/2013 2013 AILA Colorado Chapter Rocky Mountain Immigration Law Update
October 17-18, 2013
Ameristar Resort and Casino
Blackhawk, CO
4/26/2013 OCAHO Left Penalty Proposal Unaltered But Disagreed with ICE Reasoning (.pdf 523 KB) OCAHO stated that the percentage of I-9s with violations relative to the total number of I-9s could not be used as a test of seriousness since that percentage was used to set the baseline penalty. (U.S. v. Modern Disposal, 3/28/13) AILA Doc. No. 13042661.
AILA Doc. No. 13042661.
4/26/2013 CA9 Holds Petitioner is Barred from Seeking Cancellation of Removal (.pdf 465 KB) The court held that the petitioner could not apply for cancellation of removal because he had already applied for and received cancellation of removal under NACARA in 2003, and so he was ineligible for later relief under §240A. (Sejdini v. Holder, 4/19/13) AILA Doc. No. 13042660.
AILA Doc. No. 13042660.
4/26/2013 USCIS Notice on Form I-854 Inter-Agency Alien Witness & Informant Record
USCIS notice of information collection on Form I-854 Inter-Agency Alien Witness and Informant Record which is used by law enforcement agencies to bring alien witnesses and informants to the United States in ‘‘S’’ nonimmigrant classification. (78 FR 24429, 4/25/13) AILA Doc. No. 13042649.
AILA Doc. No. 13042649.
4/26/2013 DOS Chart on FY2012 Nonimmigrant Visa Issuances by Applicants Nationality (.pdf 641 KB) DOS statistical chart on the number of nonimmigrant visas issued by region during FY2012, with Asia, South America, North America, and Europe representing the regions with the highest percentage of nonimmigrant visa issuances during FY2012. AILA Doc. No. 13042658.
AILA Doc. No. 13042658.
4/26/2013 DOS Chart on FY2012 Immigrant Visa Issuances at Top Posts (.pdf 631 KB) DOS statistical chart on the number of immigrant visa issuances at top posts around the world, with Ciudad Juarez, Guangzhou, and Manila issuing the highest percentages of immigrant visas during FY2012. AILA Doc. No. 13042657.
AILA Doc. No. 13042657.
4/26/2013 DOS Chart on FY2012 Immigrant Visas Issued at Foreign Service Posts (.pdf 727 KB) DOS statistical chart on immigrant visas issued at foreign service posts by country of birth/chargeability for FY2012 which shows that there were 482,300 immigrant visas issued at foreign service posts around the world during FY2012. AILA Doc. No. 13042656.
AILA Doc. No. 13042656.
4/26/2013 DOS Chart on FY2012 Immigrant Visa Issuances by Applicants Area of Birth (.pdf 644 KB) DOS statistical chart by region on the number of immigrant visa issuances by applicants’ area of birth/chargeability, with Asia and North America representing the regions with the highest percentage of immigrant visa issuances during FY2012. AILA Doc. No. 13042655.
AILA Doc. No. 13042655.
4/26/2013 DOS Chart on FY2012 Nonimmigrant Visas Issued by Nationality (.pdf 675 KB) DOS statistical chart on the number of nonimmigrant visas issued by nationality showing a total number of 8,927,090 nonimmigrant visa issued during FY2012, with Mexico, mainland China, Brazil and India representing the countries with the largest number of nonimmigrant visas. AILA Doc. No. 13042654.
AILA Doc. No. 13042654.
4/26/2013 DOS Chart on FY2012 Nonimmigrant Visa Issuances at Top Posts (.pdf 630 KB) DOS statistical chart on the number of nonimmigrant visas issued at the top posts around the world, with Sao Paolo, Beijing, and Monterey representing the posts with the highest number of nonimmigrant visas issued during FY2012. AILA Doc. No. 13042653.
AILA Doc. No. 13042653.
4/26/2013 Mid South Chapter: How to Request Review of a Prosecutorial Discretion Denial (.pdf 624 KB) Notes from Mid South Chapter ICE Liaison on procedures for requesting that ICE review prosecutorial discretion requests that were denied at the local office. AILA Doc. No. 13042652.
AILA Doc. No. 13042652.
4/26/2013 Colorado Chapter: How to Escalate Prosecutorial Discretion Requests (.pdf 520 KB) Notes from Colorado Chapter ICE Liaison on procedures for escalating requests for prosecutorial discretion that were denied at the local office. AILA Doc. No. 13042651.
AILA Doc. No. 13042651.
4/26/2013 SSA POMS Updates List of Acceptable Identity Documents (.pdf 790 KB) SSA’s RM 10210 TN 16 revises RM 10210.420 and updates the list of acceptable alien identity documents for SSN, adding “admission stamp in unexpired foreign passport” to the list of acceptable primary evidence. Effective 4/30/13. AILA Doc. No. 13042650.
AILA Doc. No. 13042650.
4/26/2013 BALCA on Use of “May” in Job Postings for Multiple Positions (.pdf 670 KB) In two cases involving similar facts, BALCA looked for contextual cues in the NOF to determine whether the term “may” indicated the requirement applied to only some positions. BALCA upheld the denial of one case and reversed the second. (Matters of Oracle, 4/24/13) AILA Doc. No. 13042647.
AILA Doc. No. 13042647.
4/26/2013 Daily Immigration News Clips – April 26, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on April 26, 2013. AILA Doc. No. 13042648.
AILA Doc. No. 13042648.
4/26/2013 SSA POMS Eliminates 10-Day Hold Policy for Most DHS Evidence (.pdf 585 KB) SSA’s RM 10213 TN 3 revises RM 10213.305 to eliminate the 10-day hold policy for all DHS evidence except for Form N-550/N-570 and Form N-560/N-561, as DHS will update SAVE immediately in most cases. Effective 4/30/13. AILA Doc. No. 13042646.
AILA Doc. No. 13042646.
4/26/2013 AILA’s Third Annual Conference Pro Bono Clinic
Spend a Saturday morning with fellow members in a collegial atmosphere. As AILA visits the City by the Bay this summer, we plan to temporarily expand the capacity of local Bay Area immigration legal service providers. Last year we helped over 200 people in Nashville. Join us! AILA Doc. No. 13042664.
AILA Doc. No. 13042664.
4/26/2013 Litigation Timeline: H-2B Prevailing Wage Methodology (Updated 4/26/13)
Timeline of major court and agency actions in response to litigation challenging DOL’s methodology for determining prevailing wages for the H-2B temporary nonagricultural worker program. AILA Doc. No. 10100171.
AILA Doc. No. 10100171.
4/26/2013 SSA POMS Update on Acceptable Evidence of Nonimmigrant Status for SSN (.pdf 813 KB) SSA’s RM 10211 TN 21 revises RM 10211.135 to include new types of nonimmigrant evidence including a CBP I-94 website printout, and revises RM 10211.140 to add instructions on entering the “admission stamp in unexpired foreign passport” to SSNAP. Effective 4/30/13. AILA Doc. No. 13042645.
AILA Doc. No. 13042645.
4/26/2013 DOS Notice on Nonimmigrant Treaty Trader/Investor Application
DOS notice of comment request on Form DS–156E which is completed by foreign nationals seeking nonimmigrant treaty trader/investor visas to the U.S. & will use that form to elicit information necessary to determine a foreign national’s visa eligibility. (78 FR 24780, 4/26/13) AILA Doc. No. 13042644.
AILA Doc. No. 13042644.
4/26/2013 SSA POMS Update on Acceptable Evidence of Parole Status (.pdf 584 KB) SSA’s POMS section RM 10211 TN 20 revising RM 10211.195 indicating that a parole stamp in an unexpired foreign passport is acceptable evidence of parole status for a SSN. Effective 4/30/13. AILA Doc. No. 13042643.
AILA Doc. No. 13042643.
4/26/2013 EOIR Notice on Adjudication of DHS Practitioner Disciplinary Cases
EOIR final rule removing unnecessary provisions in its regulations that are the responsibility of DHS pertaining to practitioner disciplinary cases. (78 FR 24669, 04/26/13) AILA Doc. No. 13042642.
AILA Doc. No. 13042642.
4/26/2013 DOL News Brief Newsletter for April 25, 2013 (.pdf 663 KB) DOL News Brief newsletter from 4/25/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more. AILA Doc. No. 13042641.
AILA Doc. No. 13042641.
4/26/2013 Sen. Leahy on Consideration of S. 744 (.pdf 565 KB) A statement from Senate Judiciary Chair Leahy (D-VT) describing the committee consideration of "The Border Security, Economic Opportunity, and Immigration Modernization Act." Mark-up of the bill will start on May 9, 2013 and all amendments must be filed by May 7, 2013. AILA Doc. No. 13042640.
AILA Doc. No. 13042640.

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