THE GIBSON REPORT – 10-09-18– Compiled By Elizabeth Gibson, Esq., NY Legal Assistance Group

THE GIBSON REPORT – 10-09-18– Compiled By Elizabeth

Gibson, Esq., NY Legal Assistance Group

 

 

TOP UPDATES

 

Nielsen v. Preap will determine whether thousands of longtime U.S. residents face indefinite detention without a hearing.

The Atlantic: The stakes are higher in a Supreme Court case to be heard [] Wednesday. Nielsen v. Preap may determine whether thousands of longtime residents of the U.S. face indefinite detention without a hearing…Nielsen v. Preap will be heard by eight of the justices who decided Jennings—joined by the newly confirmed Justice Brett Kavanaugh.

 

An ICE Memo Lays Out The Differences Between Trump And Obama On Immigration Enforcement

BuzzFeed: Attorneys for Immigration and Customs Enforcement were restricted from granting reprieves for certain immigrants facing deportation, ordered to review and potentially reopen previously closed cases, and told that nearly all undocumented immigrants were priorities for deportation, according to a previously unreleased memo obtained by BuzzFeed News.

Judge Temporarily Blocks Termination of TPS for El Salvador, Haiti, Nicaragua, and Sudan

U.S. District Judge Edward Chen granted the plaintiff’s motion for preliminary injunction, stopping the termination of TPS for immigrants from El Salvador, Haiti, Nicaragua, and Sudan. The preliminary injunction is effective immediately. (Ramos et al. v. Nielsen et al, 10/3/18) AILA Doc. No. 18092833

 

USCIS Provides Q&As from Teleconference on Updated NTA Policy Guidance

USCIS: representatives provided an overview of the memorandum and addressed many questions submitted in advance. Highlights include: Q6, Q12, Q15, Q33, Q50, Q62, and Q63.

 

USCIS Policy Update on Issuing RFEs and NOIDs

USCIS: representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB… this PM does not change the RFE

and NOID policies and practices that apply to the adjudication of DACA and DACA-related requests. This PM also will not impact asylum, refugee, and NACARA cases because of existing regulatory and policy guidance specific to those requests… For certain filings, an RFE is necessary (updated taxes for a Form I-864; medical exam for a long pending adjustment of status case).


Leaked Report Shows Dysfunction Of Baltimore’s Immigration Court

VICE: But Maryland, with its more than 34,000 pending cases, has the fastest-growing backlog, largely because its sole immigration court, the Baltimore Immigration Court, is one of the most beleaguered and understaffed in the country, according to a confidential Department of Justice review obtained by VICE News.

 

Trump stops granting visas to same-sex partners of U.N. officials

VICE: The policy change came into effect this week and will impact staff at organizations such as the United Nations, the World Bank, and the International Monetary Fund. The administration originally flagged the new policy back in July…Foreign partners currently in the U.S., and who wish to remain in the country, have been given until the end of the year to submit proof of marriage to the State Department or face being forced to leave within 30 days.

 

U.S. citizens applying for green cards for noncitizen spouses see growing waits

NBC: Anastasia Tonello, president of the American Immigration Lawyers Association, said she believes Trump administration policy changes are responsible in part for fueling delays by creating more work for immigration officers.

 

Inspectors Find Nooses in Cells at Immigration Detention Facility

NYT: Migrants imprisoned at the country’s largest privately-run adult immigration detention facility manage to regularly hang “nooses” fashioned from bedsheets in their cells, according to a report by federal inspectors made public on Tuesday.

 

LITIGATION/CASELAW/RULES/MEMOS

 

Another Setback for Trump Administration in Sanctuary Case

ImmProf: In an order released on Friday, a federal judge in California struck down an immigration law that the Trump administration has used to go after cities and states that limit cooperation with immigration officials. The ruling by District Judge William Orrick also directed the U.S. Department of Justice to give California $28 million that was withheld over the state’s immigration policies.

 

BIA Reopens Proceedings for Respondent Who Meets Requirements for “U” Visa

Unpublished BIA decision reopens proceedings sua sponte in light of USCIS letter stating that respondent satisfied the requirements for “U” nonimmigrant status but a visa was not yet available. Special thanks to IRAC. (Matter of Patel, 9/15/17) AILA Doc. No. 18100500

 

BIA Dismisses Respondent’s Appeal and Discusses §18.5 of the California Penal Code

The BIA found that the amendment to §18.5 of the California Penal Code, which retroactively lowered the maximum possible sentence from 365 days to 364 days, does not affect the applicability of INA §237(a)(2)(A)(i)(II). Matter of Velasquez-Rios, 27 I&N Dec. 470 (BIA 2018) AILA Doc. No. 18100570

 

USCIS Advance Copy of Proposed Regulations on Public Charge Ground of Inadmissibility

USCIS advance copy of a notice of proposed rulemaking to revise the regulations on the public charge ground of inadmissibility. The notice of proposed rulemaking will be published in the Federal Register on 10/10/18, and comments will be due 60 days from the date of publication. AILA Doc. No. 18092430

 

USCIS 60-Day Notice and Request for Comment on Proposed Revisions to Form I-912, Request for Fee Waiver

USCIS 60-day notice and request for comment on proposed revisions to Form I-912, Request for Fee Waiver. The proposed changes would remove the receipt of a means-tested benefit as a criterion for receipt of a fee waiver. Comments are due 11/27/18. (83 FR 49120, 9/28/18) AILA Doc. No. 18092870

 

DHS OIG: Results of Unannounced Inspections of Conditions for Unaccompanied Children in CBP Custody

DHS OIG issued a report based on visits between June 26, and 28, 2018, by an OIG team to nine CBP facilities in McAllen and El Paso, Texas, including five Border Patrol stations and four OFO ports of entry. DHS OIG found that children were held longer than the 72 hours generally permitted by law. AILA Doc. No. 18100203

 

USCIS Announces the Use of Tablets During Naturalization Interviews

Posted 10/4/2018

USCIS announced that on 10/1/18, USCIS began using digital tablets to administer the English reading and writing tests during naturalization interviews.

AILA Doc. No. 18100434

 

USCIS Notice of Reestablishment of Matching Program for Receipt of Federal Benefits in California

USCIS notice of the reestablishment of the ‘‘Verification Division DHS–USCIS/CA–DSS’’ computer matching program, which will be used to determine whether benefit applicants in California possess the requisite immigration status to be eligible for the TANF and SNAP programs. (83 FR 50672, 10/9/18) AILA Doc. No. 18100900

 

CBP Statement on Canada’s Legalization of Marijuana and Crossing the Border

CBP released a statement on Canada’s legalization of marijuana, stating that “working in or facilitating the proliferation of the legal marijuana industry in U.S. states where it is deemed legal or Canada may affect admissibility to the U.S.” AILA Doc. No. 18100804

 

RESOURCES

EVENTS

 

ImmProf

 

Tuesday, October 9, 2018

Monday, October 8, 2018

Sunday, October 7, 2018

Saturday, October 6, 2018

Friday, October 5, 2018

Thursday, October 4, 2018

Wednesday, October 3, 2018

Wednesday, October 3, 2018

Tuesday, October 2, 2018

Monday, October 1, 2018

 

AILA NEWS UPDATE

http://www.aila.org/advo-media/news/clips

 

******************************************

Thanks, Elizabeth!

 

PWS

10-12-18

 

 

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